Loading...
Res 558 4/13/1964RESOLUTION NO. .S�S A RESOLUTION APPROVING THE AGREEMENT DATED JANUARY 13, 1964, BETWEEN THE STATE OF TEXAS AND THE CITY OF WICHITA FALLS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF A HIGHWAY ILLUMINATION PROJECT FROM EXISTING U.S. HIGHWAY 281 NORTH TO 16TH STREET IN THE CITY OF WICHITA FALLS; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: Section 1. That the certain agreement dated January 13, 1964, between the State of Texas and the City of Wichita Falls for the installation, construction, existence, use, operation and maintenance of certain highway illumination located from existing U.S. Highway 281 north to 16th Street, in the City of Wichita Falls be, and the same is, hereby approved; and that Jack Davis, City Manager, is hereby authorized to execute said agreement on behalf of the City of Wichita Falls and to transmit the same to the State of Texas for appropriate action. PASSED AND APPROVED this A_ day of G� 1964. A T T E S T City Clerk APPROVED AS TO FORM: City Attorney AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET ILLUMINATION SYSTEM WITHIN MUNICIPALITY STATE OF TEXAS q COUNTY OF TRAVIS 0 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 Wichita fails I Wichita , County, Texas, acting by and through its duly authorized officers under an r 6ko passed the day of , 19 , hereinafter called the "City ", party of the second part. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance and operation of the street illumination system on U.S, Highway 287 street from 8sistinS Vj. 2R1 to 16th Stnwt the route of Highway No. U,g, 2S7 hereinafter referred to as the "street illumination 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 said street illumination system, conditioned that the City, as provided for in Highway Commission Minute Order No. 45342, will maintain and operate said illumination system. AGREEMENT NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Tke S;ute will piepore or provide for the plans and specifications, advertise for bids, carol let the construction contract, or otherwise provide for the construction, and wi i I -.jpery ese tite construction, reconstruction or betterment work as required by said plans. As the protect is developed to the construction stage, either as a unit or in incremenh, the State will submit plans of the proposed work to the City and will secure the City's consent to construct the facility according to such plans prior to awarding a contract. All costs of constructing the street illuminating system inluding such items as conduits, lamp standards, most arms, reflectors units, lamps, bowls, electrical conduc- tors, wiring, etc. will be borne by the State. It is understood that the State's financial participation in construction w extend to and include the construction of any primary lines and incidental equ necessary to connect the street illumination system with power stations, 2. Maintenance and Operation Responsibilities The City hereby agrees at its expense to furnish the electric energy requ proper operation of the street illumination system, such electric energy to be F at points on the street i Ilumination system as designated by the State. The Cit agrees to maintain and operate the street illumination system in an efficient or condition, including the furnishing of all equipment and labor and making any ments which may become necessary, without cost to the State. The City will assume maintenance and operation on a date to correspond date construction of the street illumination system is completed and accepted b State. If the illumination system is constructed by sections this provision steal, _rr,7 to each such separately constructed section. The City will obtain written approval of the State Highway Engineer before making any changes in the illumination system as designed and constructed by the State or 'before the removal of any part of the installation except for the purpose of replacements where identical or accepted equivalent equipment to that originally installed is used. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Wichita Palls on the day of , 19 and the Highway Department on the day of , 19 ATTEST: CITY OF Mithita Falls BY City Clerk (Title of igning ff icio THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: BY Assistant State Hig way Engineer APPROVAL RECOMMENDED: District Engineer Chief Engineer of Hig way Design