1986-053-RES WHEREAS, the City Council of the City of Paris is desirous of improving its streets and highways with
RESOLUTION NO. 86-053
WHEREAS, the City Council of the City of Paris is
desirous of improving its streets and highways with safety
lighting when practicable; and,
WHEREAS, in order to receive assistance from the State
Department of Highways and Public Transportation for safety
lighting it is necessary to enter into an inter-governmental
"Agreement for Construction, Maintenance and O,Veration of
Safety Lighting Systems Within Municipalities, attached
hereto as Exhibit A, which should in all things be approved
and which would be in the best interest of the City of Paris
to execute; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Mayor of the City of Paris, Billy Joe
Burnett, be, and he is hereby authorized and directed to
execute Agreement for Construction, Maintenance and
Operation of Safety Lighting Systems Within Municipalities,
Form 1397, revised 12-84, in the form as shown on Exhibit A
attached hereto which will cover current proposed projects
and future projects.
Passed and adopted this 9th day of June, 1986.
~,~~
Bi y.. Burnett, Mayor
'/
ATTEST:
~~,,\ ,~~~~~~
Mattie Cunning am, City C er
APPROVED AS TO FORM:
In;fi(~Afr?.eY
IN WITNESS WHEREOF, the parties have
of Paris. Paris, Texas
Jun'e , 19
Public Transportation on the
19
thereunto affixed their signatures, The City
. on the 9th day of
86 and the State Department of Highways and
day of
,
.
ATTEST:
Mattie'Cunningha~, City Clerk
"
CITY OF PARIS. Paris. Texas
BY
B111y Joe Burnett, Mayor
(Title of Signing Official)
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
Conmisslon:
APPROVED:
By:
Chief Engineer of Safety
and Maintenance Operations
DATE:
4-4
Form 1397
12-84
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. CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES
a. The State will prepare or provide for the plans and specifications, adver-
tise for bids, let the construction contract, or otherwise provide for the construc-
tion, and will supervise construction, reconstruction or betterment work as required
by said plans and specifications. As a project is developed 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 SAFETY LIGHTING SYSTEMS WITHIN MUNICIPALITY, dated_
1986
June 9
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 construction, maintenance and operation of the lighting system
will be borne by the State, and the lighting system will remain the property of the
S ta te .
2 of 4
Form 1397
12-84
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF SAFETY LIGHTING
SYSTEMS WITHIN MUNICIPALITIES
(State Maintains and Contracts for Power)
(Blanket Agreement)
STATE OF TEXAS ~
COUNTY OF TRAVIS ~
day of June
, 19 86
THIS AGREEMENT dated this 9th
, by and
.
between the State of Texas, hereinafter referred to as the "State", party of the
first part, and the City of
Paris
,
Lamar
County,
Texas, acting by and through its duly authorized~~ under a resolution or ordi-
n ance passed the 9 th
day of June
, 19 86
, hereinafter called the
"City, U party of the second part.
WIT N E SSE T H
WHEREAS, in order to provide a more adequate facility to the traveling public,
the construction, maintenance and operation of certain safety lighting systems is
required within the corporate limits of the City. Within the City, said safety
lighting system hereinafter referred to as the "lighting system" is to consist
of safety lighting to be built in sections as financed and designated by the
State Highway and Public Transportation Commission; 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, maintain and operate said lighting systems, subject to the conditions and
provisions stated herein, as provided for in Highway Commission Minute Order No. 82420.
1-4
Form 1397
12-84
EXHIBIT A
2. GENERAL
a. The State's obligation for operation and maintenance of the lighting system
shall cease should the route on which it is located be dropped from the State Highway
System.
b. This Agreement will cease to apply to sections of the lighting system in the
event ,that those sections are removed or become a part of a continuous illumination
system. .
c. This Agreement shall remain in force for a period of two years from the date
that it is signed by the State. and it is understood by both parties that at the end
of the Initial two-year period. the Agreement will be automatically renewed for two
year periods thereafter unless modified by mutual agreement of both parties, In the
event that the lighting sys~em installed in accordance with this Agreement becomes
unnecessary or is removed for any reason, this Agreement will terminate.
3-4
Form 1397
12-84
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
I, Mattie Cunningham, the duly appointed, qualified and
acting City Clerk of the City of Paris, Paris, Texas, hereby
certify that the foregoing pages constitute a true and
correct copy of a Resolution duly passed by the City Council
of the City of Paris at a meeting held on June 9, A.D.,
1986, at 7:00 O'clock P.M., in the Council Room, City Hall,
Paris, Texas.
To certify which witness my hand and seal of the City
of Paris, Paris, Texas, this 10th day of June, 1986, at
Paris, Texas.
Mattie Cunningham, City Clerk
of the City of Paris, Paris,
Texas