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HomeMy WebLinkAboutR-1346-8-95RESOLUTION NO. 1346-8-95(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE TECHNICALLY PREFERRED ALTERNATIVE AND GEOMETRIC DESIGN FOR THE INSTALLATION OF CONTINUOUS FREEWAY ILLUMINATION ON US 75 FROM NORTH OF BETHANY TO SH 121 IN COLLIN COUNTY, AND ENCOURAGING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROCEED WITH THE PREPARATION RIGHT-OF-WAY MAPS AND CONSTRUCTION PLANS. WHEREAS, City of Allen and TXDOT have an agreement for construction, maintenance, and operation of a continuous highway illumination system for US 75 from Rowlett Creek to SH 121, and WHEREAS, TXDOT will not install continuous lighting from Rowlett Creek to Bethany until funding can be obtained, and WHEREAS, TXDOT will continue to maintain the existing safety lighting from Rowlett Creek to Bethany, and WHEREAS, The City will pay for the electricity and maintenance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1. The City Council encourages the State Department of Highways and Public Transportation to proceed with the preparation of plans and specifications, and the construction of the freeway lighting improvements as soon as practical. SECTION 2. The City Manager of the City of Allen is hereby authorized to execute in behalf of the City a contract with the State Department of Highways and Public Transportation. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTI , TEXAS, ON THIS THE 3RD DAY AUGUST, 1995. APPROVED: /foe Farmer, MAYOR ATTEST: Ju Mo son, CMC, CITY SECRETARY COPV AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEMS WITHIN MUNICIPALITIES FREEWAY OR EXPRESSWAYS (Specific Limits) STATE OF TEXAS § COUNTY OF TRAVIS § This AGREEMENT dated this 25 day of August , 1995, 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 Allen , Collin County, Texas, acting by and through its duly authorized officers under an ordinance or resolution passed the 3rd day of August , 19 95, hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties. W I T N E S S E T H WHEREAS, the City .has requested the State to contribute financial aid in the construction, maintenance and operation of a highway illumination system on US 75 from Roialett Creek to SH 121 in the City of Allen in accordance with Highway- Commission Minute Order 82420. Within the City, said illumination system hereinafter refereed to as the "illumination 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 CommYssion, has made it known to the City that the State will construct said highway illumination system, conditioned that the City, as provided in Highway Commission Minute Order No. 82420 and Article 6673b, Vernon's Texas Civil Statutes, will maintain and operate said illumination system. 1 of 6 Form 1074SL 04-93 A G R E E M E N T 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 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 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 ILLUMINATION SYSTEM WITHIN MUNICIPALITIES, 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 illumination system will be borne by the State, and the illumination system will remain the property of the State. 2 of 6 Form 1074SL 04-93 2. MAINTENANCE AND OPERATION RESPONSIBILITIES a. The City hereby agrees to furnish at its expense the electrical energy required for proper operation of the illumination system, such electrical energy to be provided at points on the illumination system as designated by the State. The City further agrees to maintain and operate the 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. b. The City will assume maintenance and operation on a date to correspond with the date construction of the illumination system is completed and accepted by the State. 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 illumination system is constructed by sections, this provision shall apply to each such separately constructed section. c. The City will obtain approval of the Executive Director before making any major 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 replacement where identical or accepted equivalent equipment to that originally installed is used. 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. 3 of 6 Form 1074SL 04-93 b. The State will not incur any financial obligation to the City as a result of this Agreement. c. This Agreement may be terminated sixty (60) days after the filing of a written notice by either party of a desire for cancellation. The State reserves the right to remove the illumination system upon cancellation of the Agreement. d. If, at any time, the City does not maintain and operate the illumination system in a satisfactory manner, the State reserves the right to either arrange for maintenance at the expense of the City or to remove the illumination system. Should the illumination system be removed due to lack of maintenance, the City hereby agrees to reimburse the State for the cost of removal. e. Should disputes arise as to the parties' obligations under this Agreement, the State's decision shall be final and binding. f. The City shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any matter affecting the performance of this Agreement. g. Changes in time frame, character, cost or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. h. This Agreement shall bind, and shall be for the sole and exclusive benefit of the respective parties and their legal successors. The City shall not assign or transfer its interest in this Agreement without written consent of the State. 4 of 6 Form 1074SL 04-93 i. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never be contained herein. j. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. 4. INDEMNIFICATION To the extent permitted by law, the City indemnify and save harmless the State, its agents or employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement. 5 of 6 Form 1074SL 04-93 IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, The City of Allen on the 3rd day of August , 19 95 , and the Texas Department of Transportation on the day of , 19 ATTEST: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the Authority of Minute Order 100002 and Administrative Circular 26-93, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission. APPROVED: By: Director, raffic Operat ns Division DATE: ee2OM-6— 6 of 6 Form 1074SL 04-93 Memorandum Texas DepaVnent of Transportadon TEXAS DEPA%TMENT OF TII,'ISPIITATiCN NO. lb I - AUu 29 1995 � ULila5 I L/,cis RECEIVED TO: Ms. Terry Sams DATE: August 24, 1995 Dallas District FROM: Gary K. Trietsch, P.E. Originating Office: Traffic Operations -TE SUBJECT: Lighting Agreement - FORM 1074SL Control: 0047-06-089 Highway: US 75 from Rowlett Creek to SH 121 County : Collin Attached for your file and distribution is one signed original of the subject agreement executed between the State and the City of Allen. An original signed agreement is being retained for our files. EBJ:cn Attachment () Dist. Engr.( ) () Asst. Dist. Engr.�f O--------- CII F I October 5, 1995 Control 0047-06-089 US 75: From Rowlett Creek To SH 121 City of Allen Collin County Mr. Jon McCarty City Manager City of Allen One Butler Circle Allen, TX 75002 Dear Mr. McCarty We are forwarding a signed copy of the Continuous Illumination Agreement executed between the State and the City of Allen for the above subject project. A copy of the TxDOT Maintenance Level of Service for Illumination is also attached for your reference. Sincerely, jwxt y'YI • ja' Terry M. Sams, P.E. Director of Transportation Operations Attachments MBY:my cc: Sams/Young Turk/McNeil C-8 C-3 Lovil 1 y AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY ILLUMINATION SYSTEMS WITHIN MUNICIPALITIES FREEWAY OR EXPRESSWAYS (Specific Limits) STATE OF TEXAS § COUNTY OF TRAVIS § This AGREEMENT dated this 25 day of August , 199_, 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 Allen , Collin County, Texas, acting by and through its duly authorized officers under an ordinance or resolution passed the 3rd day of August , 19 95, hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties. W I T N E S S E T H WHEREAS, the City has requested the State to contribute financial aid in the construction, maintenance and operation of a highway illumination system on* US 75 from Rowlett Creek to SH 121 in the City -of A11en_ in accordance with Highway- commission Minute Order 82420. Within the City, said illumination system hereinafter refer3qed to as the "illumination system" is to consist of continuous lighting to be built in sections as financed and designated by the Texas Transportation Commiss-ion; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation CommYssion, has made it known to the City that the State will construct said highway illumination system, conditioned that the City, as provided in Highway Commission Minute Order No. 82420 and Article 6673b, Vernon's Texas Civil Statutes, will maintain and operate said illumination system - 1 of 6 Form 1074SL 04-93 A G R E E M E N T 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 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 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- ILLUMINATION SYSTEM WITHIN MUNICIPALITIES, 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 illumination system will be borne by the State, and the illumination system will remain the property of the State. 2 of 6 Form 1074SL 04-93 2_ MAINTENANCE AND OPERATION RESPONSIBILITIES a. The City hereby agrees to furnish at its expense the electrical energy required for proper operation of the illumination system, such electrical energy to be provided at points on the illumination system as designated by the State. The City further agrees to maintain and operate efficient and sightly condition, including the illumination system in an the furnishing of all equipment and labor and making any replacements which may become necessary, without cost to the State. b. The City will assume maintenance and operation on a date to correspond with the date construction of the illumination system is completed and accepted by the State. 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 illumination system is constructed by sections, this provision shall apply to each such separately constructed section. c. The City will obtain approval of the Executive Director before making any major 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 identical or accepted equivalent equipment to that replacement where originally installed is used. 3. GES L 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. 3 of 6 Form 1074SL 04-93 b. The State will not incur any financial obligation to the City as a result of this Agreement. c. This Agreement may be terminated sixty (60) days after the filing of a written notice by either party of a desire for cancellation. The State reserves the right to remove the illumination system upon cancellation of the Agreement. d. If, at any time, the City does not maintain and operate the illumination system in a satisfactory manner, the State reserves the right to either arrange for maintenance at the expense of the City or to remove the illumination system. Should the illumination system be removed due to lack of maintenance, the City hereby agrees to reimburse the State for the cost of removal. e. Should disputes arise as to the parties' obligations under this Agreement, the State's decision shall be final and binding. f. The City shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any matter affecting the performance of this Agreement. g. Changes in time frame, character, cost or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. h. This Agreement shall bind, and shall be for the sole and exclusive benefit of the respective parties and their legal successors. The City shall not assign or transfer its interest in this Agreement without written consent of the State. 4 of 6 Form 1074SL 04-93 i. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never be contained herein. j. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. 4. INDEMNIFICATION To the extent permitted by law, the City indemnify and save harmless the State, its agents or employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement. 5 of 6 Form 1074SL 04-93 IN WITNESS WHEREOF, the parties have thereunto affixed their signatures, The City of Allen on the 3rd day of August , 19 95 , and the Texas Department of Transportation on the day of . 19 ATTEST: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the Authority of Minute Order 100002 and Administrative Circular 26-93, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs by the Texas Transportation Commission. APPROVED: By: Director raffic Operat ns Division DATE: 6 of 6 Form 1074SL 04-93 1 i l CITY OF ALLEN CERTIFICATION CITY OF ALLEN, TEXAS § COLLIN COUNTY, TEXAS § I, Judy Morrison, City Secretary of the City of Allen, Collin County, Texas, do hereby certify that the attached is a true and correct copy of Resolution No. 1346-8-95(R), duly passed and approved by the City Council of the City of Allen, Texas, on the 3rd day of August, 1995. WITNESS MY HAND AND SEAL OF SAID CITY, this the 4th day of August, 1995. 7 Mo iso., CMC City Secretary City of Allen, Texas ONE BUTLER CIRCLE ALLEN. TEXAS 75002-2773 214n27-0100 � 1\ RESOLUTION NO. 1346-8-95(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SUPPORTING THE TECHNICALLY PREFERRED ALTERNATIVE AND GEOMETRIC DESIGN FOR THE INSTALLATION OF CONTINUOUS FREEWAY ILLUMINATION ON US 75 FROM NORTH OF BETHANY TO SH 121 IN COLLIN COUNTY, AND ENCOURAGING THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROCEED WITH THE PREPARATION RIGHT-OF-WAY MAPS AND CONSTRUCTION PLANS. WHEREAS, City of Allen and TXDOT have an agreement for construction, maintenance, and operation of a continuous highway illumination system for US 75 from Rowlett Creek to SH 121, and WHEREAS, TXDOT will not install continuous lighting from Rowlett Creek to Bethany until funding can be obtained, and WHEREAS, TXDOT will continue to maintain the existing safety lighting from Rowlett Creek to Bethany, and WHEREAS, The City will pay for the electricity and maintenance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1. The City Council encourages the State Department of Highways and Public Transportation to proceed with the preparation of plans and specifications, and the construction of the freeway lighting improvements as soon as practical. SECTION 2. The City Manager of the City of Allen is hereby authorized to execute in behalf of the City a contract with the State Department of Highways and Public Transportation. DULY PASSED. AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLU4 COUNTY, TEXAS, ON THIS THE 3RD DAY AUGUST, 1995. ATTEST: Ju Mo on, CMC, CITY SECRETARY APPROVED: /foe Farmer, MAYOR