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HomeMy WebLinkAboutResolution - 111474A - Agreement - State Of TX - Highway Illumination Project - 11_14_1974R E S O L U T I O N A RESOLUTION APPROVING THE AGREEMENT DATED November 14 , 1974, BETWEEN THE STATE OF TEXAS AND THE CITY OF LUBBOCK, FOR THE ELECTRICAL ENERGY USED IN THE OPERATION OF A HIGHWAY ILLUMINA- TION PROJECT - LOOP 289 AND SPUR 327 IN THE CITY OF LUBBOCK: AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF LUBBOCK: That the certain agreement dated November 14 , 1974, between the State of Texas and the City -of Lubbock for electrical energy used in the operation of certain highway illumination located on the entire length of Loop 289 and Spur 327 within the City Limits including main lanes., service roads and connecting ramps be, and the same is hereby approved: and that the Mayor is hereby authorized to execute said agreement on behalf of the City of Lubbock and to transmit the same to the State of Texas for appro- priate action. Passed by the City Council this the 14th day of November ,1974. Mayor ROT BASS, ATTEST: .. Treva Phil)l:ps;,•Cxty ecretary-Treasurer APPROVED AS TO FORM: City rney Fred 0. Seater, Jr. 0 i SUPPLEMENTAL AGREEMENT WHEREAS, an expressway illumination agreement was entered into between the State of Texas and the City of Lubbock on November 11, 1971, covering the construction, maintenance and operation of an illumination system on Loop 289 for its entire length and Spur 327 within the city limits, including main lanes, service -roads and connecting ramps. In the aforesaid agreement, the City of Lubbock and the State have agreed that the City of Lubbock at its expense will furnish the electric energy required for the proper operation of the street illumination system, and WHEREAS, the Texas Highway Department has installed over- head guide signs complete with illumination for Loop 289 and since it would be more economical to utilize the transformer stations designed to supply power to the expressway illumination circuits rather than install separate power sources for the over- head guide sign illumination: NOW, THEREFORE, it is hereby agreed between the parties hereto that the aforesaid agreements -be -modified to the extent as follows: 1. All cost of construction of the overhead guide signs and sign illumination system as provided by the signing project plans and specifications, such as sign luminaires, conduits and electrical i conductor will be financed by .the State. 2. The State hereby agrees to reimburse the City in the amount of 100% of the cost of electrical energy used by that portion of the overhead sign illumination system connected to the roadway illumination system`transformer stations. The quantity of electrical energy used by the overhead sign illumination system shall be determined by multiplying the sum of the rated wattage of the lamp i85 watts/lamp) + 10% for ballast loss, line loss, etc., by the number of hours the lamps are energized, divided by 1000. The number of hours that the lamps are energized shall be from dusk -until dawn each night in the year, the total burning time for each lamp being that shown in the following table: January 14 hours February 13.5 hours March 12 hours April _ 11 hours Hay,. 10 hours June 9.5 hours July 10 hours August 10.5 hours September 10.5 hours October -12.5 hours November 13.5 hours December 14 hours. 3. The Statets payment for the -electrical 'energy cost for that portion of the overhead sign illumination system connected to the roadway illumination system transformer stations shall be based upon $0.01/kw-hr. + fuel cost escalation. 2. 4. The request for payment for electrical energy shall be properly certified and submitted by the City to the District Engineer of the State Highway Department at Lubbock, Texas. Such request 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's which pertains to the cost of electrical energy as covered by the terms of this agreement. 5. The State further.agrees to maintain the overhead guide signs and the overhead guide sign illumination system including the circuits from the overhead sign mounts to the roadway illumination system circuits where connections are made for power. 6. This agreement shall remain in force for a•period of two years from the date of execution, and it shall be understood by both parties that at the end of this two year period and each succeeding two year period the agreement will be automatically re- newed for two years unless terminated in writing by either party 30 days prior to the termination date. 3. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Lubbock on the 14th day of November , 19745 and the State Highway Department on the day of , 1974. -`` CITY OF LUBBOCK ATTEST: By: . ayor, ROY BASS ty,'S2cretary6-Tr surer, Treva Phillips APPROVED: ...14 day of 1S74 . City Attorney, Fred ter Jr. THE STATE OF TEXAS Cert:�-'Ftad as berg 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 and r a thorization of 'Minute rder 0022. Rr; ss .tan State Hi-ghway Engineer STATE OF TEXAS II COUNTY OF LUBBOCK k Is TIp , the duly appointed, qualified and acting City Secretary of the City of Lubbock, Texas, hereby certify that the foregoing pages constitute a true and correct copy of a Resolution duly passed by the -City Council at a meeting held on November 14, A. D., 1974, at g.j0 o'clock A. M. To certify which, witness my hand and seal of the City of Lubbock, Texas, this 14 thday of-- November , 1974, at Lubbock, Texas. ity Secretary o the City of Lubbock, Texas SEAL) CITY ATTORNEY'S CERTIFICATE ]STATE OF TEXAS II .COUNTY OF LUBBOCK II I, Fred 0. Senter, Jr. , City Attorney for the City of .Lubbock, Texas, do hereby certify that the City Charter of the City of Lubbock authorizes the City Council to approve the exe- cution of contracts by means of a resolution, and that the attached contract between said City and the State of Texas, dated November 14 , 1974, approved by Resolution passed November 14 1974, and executed by ROY BASS , Mayor, is valid and binding on said City insofar as its approval and execution is concerned. ity Attorney City of Lubbock