Res 2026-014 Approving an agreement with the State of Texas that clarifies responsibility for the contruction, maintenance and operation of continuous highway lighting systems.

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AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY (Blanket Agreement) STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT, by and between the State of Texas, hereinafter referred to as the "State," party of the first part, acting by and through the Texas Department of Transportation, and the City of San Marcos, Hays County, Texas, acting by and through its duly authorized officers under an ordinance or resolution passed the day of , 20 , hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance and operation of a continuous highway lighting system on the highway designated as IH 35; SL 82; SH 21; SH 80; SH 123; FM 621; FM 2439; RM 12; and FM 110 as shown in EXHIBIT 1- LOCATIONS and MAP. in accordance with 43 Texas Administrative Code, § 25.11. Within the City, said continuous lighting system hereinafter referred to as the "lighting system" is to consist of continuous lighting to be built in sections as financed and designated by the Texas Transportation Commission; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will construct said highway lighting system, conditioned that the City, as provided in Texas Administrative Code § 25.11 and Transportation Code §221.002, will maintain and operate said lighting system. 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: AGREEMENT Article 1. CONSTRUCTION RESPONSIBILITIES A. 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 construction, reconstruction, or betterment work as required by said plans and specifications. As a project is developed Traffic TEA21 Page 1 of 5 Revised 02/22/2019 CONTINUOUS LIGHTING - SC(100)-CMO(100)(B)