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HomeMy WebLinkAboutResolution - 012777B - Agreement - TDHPT Commission - Street Illumination System, I-27 - 01_27_1977Jab &Z777,c) fr RESOLUTION IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and irected to execute for and on behalf of the CITY OF LUBBOCK an Agreement avering street illumination on Interstate 27 from Loop 289 (North) to the orth City Limits of Lubbock with the STATE OF TEXAS, attached herewith hich shall be spread upon the minutes of the Council and as spread upon the iinutes of this Council shall constitute and be a part of this Resolution as if illy copied herein in detail. Passed by the City Council this 27th day of January 1977. Aj �S. ROY BASS, MAYOR TTEST: Treva Phillips; City9Secretary-Treasurer APPROVED AS TO FORM: d O. Senter, Jr., Ci t orney Rev. 8-76 AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF STREET ILLUMINATION SYSTEM WITHIN MUNICIPALITY STATE OF TEXAS COUNTY Or TRAVIS � This Agreement dated this 27th day of , 19 7 7 s by and between the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of Lubbock Lubbock County, Texas, acting by and through its duly authorized officers under an passed the 77t1, day of Ta„„a,-3z , 19 771, hereinafter resolution .called the ",City," party of the second part. - WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the constructions maintenance and operation of the street illumination system on Interstate 27 (U.S.87) street from Loop 289 (North) to North City ta. 212 + 53) Limits of Lubbock / , the route of Highway No. Int • 27 hereinafter referred to as the "street illumination system," and WHEREAS, the Engineer -Director, acting for and in behalf of the State Highway and .Public Transportation Commission, has made it known to the City that the State will construct said street illumination system, conditioned that the City, as pro- vided for in Highway Commission Minute Order No. 61624, 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: -1- :.: W, +i. ....,..., Rev. 846 1. Construction Responsibilities The State will prepare or provide for the plans and specifications, advertise for bids, and let the construction contract, or otherwise provide for the construc- tion, and will supervise the construction, reconstruction or betterment work as required by said plans. As the project is developed to the construction stage, either as a unit or in increments, the State will submit plans of the proposed work to the City and will secure the City's consent to construct the facilities accord- ing to such plans prior to awarding a contract. All costs of constructing the street illuminating system, including such items as conduits, lamp standards, mast arms, reflector units, lamps, bowls, electrical conductors, wiring, etc., will be borne by the State. The State's financing of the construction, maintenance, and operation of the street •. illumination system will not extend to nor include the construction and maintenance of any primary lines and incidental equipment 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 required for proper operation of the street illumination system, such electric energy to be provided at points on the street illumination system as designated by the State. The City further agrees to maintain and operate the street illumination system in an efficient and sightly condition, including the furnishing of all equipment and labor and making any replacements which may become necessary, without cost to the State. The City will assume maintenance and operation on a date to correspond with the date construction of the street illumination system is completed and accepted by the State. The City hereby agrees to furnish at its expense the electric energy .consumed by the system during the period of trial operation prior to acceptance by the State. If the illumination system is constructed by sections, this provision shall apply to each such separately constructed section. The City will obtain written approval of the Engineer -Director before making any changes in the design -and/or operation of 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. FOrm No j l U I4 . Rev. 8-76 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, The City of Lubbock on the 27th day of January , 19 7 7 and the State Department of Highways and Public Transportation on the day of , 19 77. ATTEST: CI UBBOCK sy & SK i; ► ROY BASS. t MAYOR Treva Phillips, City sec r teary-Treas. (Title of Signing Official) Fu �. to. g� 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 and Public Transportation Commission under authorization of Minute Order No. 70104. By Assistant Engineer -Director APPROVAL REC%ZIENDED: District Engineer Chief Engineer of highway Design . Chief Engineer of Maintenance Operations - 3 _ Form 1074 5 $, RESOLUTION NO. . T � A RESOLUTION APPROVING THE AGREEMENT DATED jANuARY 27_, j,g77 BETWEEN THE STATE OF TEXAS AND THE CITY OF LUBBOCK FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF A HIGHWAY ILLUMINATION PROJECT )AX ON INTERSTATE 27 FROM LOOP 289 (NORTH) TO THE NORTH CITY LIMITS IN THE CITY OF LUBBOCK ; AND PROVIDING FOR THE EXECUTION OF . SAID AGREEMENT. - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK SECTION 1. That the certain Agreement dated January 27. 1977 between the State of Texas and the City of Lubbock for the installation, construction, existence, use, operation and maintenance of certain highway illumination located xxx on Interstate 27 from Loop 289 (North) to the north city limits in the City of Lubbock be, and the same is, hereby approved; and that Mayor Roy Bass is hereby authorized to execute said agreement on behalf of the City of Lubbock and to trans- mit the same to the State of Texas for appropriate action. PASSED: .... _ , APPROVED ATTEST: ROY BAST, Mayor 22 =�, Z Secretary , Trev 'Phillips City Clerk APPROVED AS TO FORM: City Attorney red 0. Senter, Jr. -4- Form 1074 Jtt rY„ba.4ni' `hM rd#�r Y.;•� .. 1 CITY SECRETARY'S CERTIFICATE . STATE OF TEXAS COUNTY OF LUBBOCK is _ Treva Phillips , 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 Tr ,,ter - `"" 9" A.D. ; I9 -77 at 9:30 _: '-ofclock -. A. M. To certify which, witness my hand and seal of the City of Lubbock Texas, this 27th day of January 19 77 at --Lubbock Texas. • •i '/ ` City Secretary of the C' y`of i • Lubbock f _ -- - - Texas. -6-