Res 1414 5/1/1973RESOLUTION NO. 1414
RESOLUTION APPROVING AGREEMENT WITH THE TEXAS HIGHWAY DEPART-
MENT CONCERNING SAFETY LIGHTING SYSTEMS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain agreement, a copy of which is attached hereto, between
the State of Texas, acting through the Texas Highway Department and the City
of Wichita Falls, Texas providing for the construction, maintenance, and
operation of safety lighting systems within Wichita Falls, is hereby
approved, and the City Manager is authorized to execute the same for the
City.
PASSED AND APPROVED THIS 1st day of May, 1973.
M A Y O
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ATTEST:
CITY CLERK
AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND
OPERATION OF SAFETY LIGHTING SYSTEM(S)
WITHIN MUNICIPALITIES
STATE OF TEXAS
COUNTY OF
This agreement made this day of 19
by and between the State of Texas, hereinafter referred to as the "State", party
of the first part, and the City of County,
Texas, acting by and through its duly authorized officers under an Vg06YOU8n
passed the day of 19 , hereinafter called
the "City", party of the second part.
WITNESSETH
WHEREAS, the City has requested the State to finance the construction, maintenance,
and operation of the safety lighting system(s) at the location(s) shown on EXHIBIT 1 ,
attached hereto and made apart hereof, and hereinafter referred to as the "safety
lighting system", and
WHEREAS, the State Highway Engineer, acting for and in behalf of the State Highway
Commission, has made it known to the City that the State will construct, maintain,
and operate the safety lighting system(s) , or construct the safety lighting system(s)
and reimburse the City for the City's cost of maintenance and operation of said
system(s) , subject to the conditions and provisions stated herein, as provided for
in Highway Commission Minute Order No. 61624.
AGREEMENT
NOW THEREFORE, in consideration of the premises and of the mutual convenants and
agreements of the parties hereto to be by them respectively kept and performed as
hereinafter set forth, it is agreed as follows:
A. Project Authorization
The City has requested and consented to the construction, maintenance, and
operation of the safety lighting system(s) , and the State in financing the con-
struction, operation, and maintenance work does so at the special instance and
request of the City.
B. Definitions
The term "safety lighting system" as used herein shall constitute: (1) the
illumination assemblies, (2) the luminaires, lamps, and luminaire mast arms (and
attachments) attached to traffic signal poles and (3) the conduit, multi-conductor
cable, single conductor wire, and miscellaneous items of materials and parts
installed for the operation of the safety lighting.
The term "illumination assembly" as used herein shall constitute the foundation
and the complete assemblage of parts , equipment and miscellaneous items, including
the pole and pole mounting attachments, which form a complete and independent
lighting unit and which include no traffic signal equipment.
The term "traffic signal poles" as used herein shall constitute all poles to
which maybe attached pedestrain and/or vehicle signal heads , controllers, pedes-
trian and/or vehicle detectors, mast arms for signal heads and/or vehicle detectors,
and steel strain cable for span wire mounted signal heads.
C. Construction Responsibilities
The State will prepare or provide for the plans and specifications, advertise
for bids, let the construction contract, or otherwise provide for the construction,
and will supervise the construction, reconstruction or betterment work as required
by said plans and specifications. As the project is developed to the construction
stage, the State will secure the City's approval of the construction plans prior
to award of contract.
All cost of construction of the safety lighting system(s) will be borne by the
State.
D. Maintenance and Operation Responsibilities
The State hereby agrees to reimburse the City for the cost of the electrical
energy used in operating the safety lighting system(s) .
The amount of electrical energy used shall be determined by multiplying
the sum of the manufacturer's rated input wattage by the number of hours the lamps
are energized divided by 1000. The number of hours the lamps are energized shall
be mutually accepted as 4000 hours per year.
An alternate and mutually acceptable means of determining the quantity of
electrical energy used will be measurement by means of a meter installed to serve
the safety lighting system(s) exclusively.
The State's payment for the electrical energy shall be based on the minimum
unit rate charged the City under the City's contract with the power agency supplying
electrical energy to the City. In the event the electrical energy is supplied
through a municipally owned electrical power generation system, the State's payment
for the electrical energy shall be based on the minimum unit rate appearing in the
City's commercial rate structure.
The City will forward to the State two copies of its existing constract with
the power agency for electrical energy, and thereafter as the existing or governing
control is terminated and new contracts are executed.
The State hereby agrees to operate the safety lighting system(s) in an efficient
manner and promptly make repairs as needed to maintain full and efficient operation
of the safety lighting system(s) . The cost of all parts , labor, equipment, and
materials for the maintenance of the safety lighting system(s) will be borne by the
State. Luminaires and luminaire mast arms (and bracket attachments) attached to
traffic signal poles that are damaged or destroyed will be replaced at State cost.
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Where a highway traffic signal is located at the same location as a safety
lighting system, the maintenance of the safety lighting system(s) will not include
the replacement of traffic signal poles and other items of the highway traffic
signal (s) that may be damaged, destroyed, or become obsolete.
E. Payment
All requests by a City for payment for electrical energy and maintenance
operations shall be properly certified and submitted by the City of the District
Engineer of the State Highway Department at Wichita Falls Texas.
Such requests for payment shall be in accordance with forms prescribed by the
State and shall be submitted at not less than monthly intervals. The City will
maintain a system of records necessary to support and establish the eligibility
of all claims for payment under the terms of this contract. When requested by
the State, the City will permit and assist in an audit by an auditor of the State
Highway Department of this record or any other records of the City which pertain to
the costs of maintenance and electrical energy as covered by the terms of this
agreement.
F. General
It is understood that:
1 . This agreement supersedes any and all prior maintenance and operations
agreements on the safety lighting system(s) .
2. This agreement will be modified by a supplementary agreement or superseded
by a revised agreement in the event the safety lighting system(s) is (are)
extended to include any area other than the location(s) shown on EXHIBIT 1
or incorporated within a continuous illumination system. Supplementary or
revised agreements shall conform with the then current policies of the Texas
Highway Department.
3. The State's financing of the construction, maintenance, and operation of
the safety lighting system(s) will not extend to nor include the construction
and maintenance of any primary lines and incidental equipment necessary to
connect the safety lighting system(s) with power stations.
4. The State's obligations for operation and maintenance of the safety
lighting system(s) shall cease should the route on which it (they) is (are)
located be dropped from the State Highway System.
5. When the City agrees to maintain and operate a newly constructed safety
lighting system for the State on an itemized cost basis or on an agreed
annual cost basis , either with its own personnel or through its duly authorized
agent, the effective date of the City's assumption of maintenance and operation
shall be the date on which the construction of the safety lighting system is
completed and accepted by the State.
6. This agreement may be terminated automatically thirty (30) days after the
filing of a written notice by either party of a desire for cancellation.
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