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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to construction stage, either as a unit or in increments, the State will submit plans and specifications of the proposed work to the City and will secure the City's consent to construct the lighting system prior to awarding the contract, said City consent to be signified by the signatures of duly authorized City officers in the spaces provided on the title sheet of plans containing the following notation: "Attachment No. to special AGREEMENT FOR CONSTRUCTION, MAINTENANCE, AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY, (BLANKET), dated The City -State construction, maintenance and operation responsibilities shall be as heretofore agreed to, accepted, and specified in the Agreement to which these plans are made a part." B. All costs of constructing the lighting system will be borne by the State, and the lighting system will remain the property of the State. Article 2. MAINTENANCE AND OPERATION RESPONSIBILITIES A. The City hereby agrees to furnish, at its expense, the electrical energy required for proper operation of the lighting system, such electrical energy to be provided at points on the lighting system as designated by the State and reviewed and approved by the City. The City further agrees to maintain and operate the lighting 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. B. The City shall assume maintenance and operation on a date to correspond with the date construction of the lighting system is completed and accepted by the State, after the City has had the opportunity to inspect the lighting system and address any issues that may arise during the inspection. The State will provide written notification to the City of such acceptance. The City hereby agrees to furnish at its expense the electrical energy consumed by the system during the period of trial operation prior to acceptance by the State. If the lighting system is constructed by sections, this provision shall apply to each such separately constructed section. C. The City shall obtain approval of the Executive Director before making any major changes in the design and/or operation of the lighting system as designed and constructed by the State or before the removal of any part of the installation except for the purpose of replacement where identical or accepted equivalent equipment to that originally installed is used. Article 3. GENERAL A. This Agreement shall remain in force for a period of two years from the date that maintenance and operation responsibilities are first assumed by the City and shall be automatically renewed for two-year periods unless modified by mutual agreement of both parties. Traffic TEA21 Page 2 of 5 Revised 02/22/2019 CONTINUOUS LIGHTING - SC(100)-CMO(100)(B)