2017-207S:\Legal\Our pocuments\Ordinances\17\'I'xDOT Ordinance Lighting.doc
2017-207
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT
FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS
HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") has requested the State of Texas, acting by
and through the Texas Department of Transportation ("TxDOT"), to contribute financial aid for
the construction, maintenance, and operation of a continuous highway lighting system on the
freeway or expressway designated as IH-35E within the City limits from the south city limits to
north of US 380; and
WHEREAS, the City and TxDOT desire to enter into an Agreement for Construction,
Maintenance and Operation Agreement (the "Agreement") for continuous highway lighting, in
substantially the same form as attached hereto as Exhibit "A"; and
WHEREAS, the City Council finds that the Agreement is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement, in substantially the same form as attached hereto as Exhibit "A", on behalf of the
City with TxDOT, and is further authorized to carry out the rights and duties of the City under
the Agreement, including the expenditure of funds provided for therein,
SECTION 3, This Ordinance shall become effective immediately upon its passage and
approvaL
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PASSED AND APPROVED this the mm m�.� day �� ��,�� �.. ,, , 2017.
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��i�IS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �.;�"�� �.... . ....��
�I�I�I� � �;1:) AS ` �) LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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Page 1
Agreement No.
STATE OF TEXAS § Exhibit A
COUNTY OF TRAVIS §
AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING
SYSTEMS WITHIN A MUNICIPALITY
(FREEWAYS OR EXPRESSWAYS)
(Specific Limits)
`� �
THIS AGREEMENT, dated this �_ ��� �� � �m�"��`� , ��_�� f ��
and between the State of Texas, hereina�t�� r�f�rr�d t� �� t��"St�f�F" p�rty �� �h� �ir�t ��rt,
acting by and through the Texas Department of Transportation, and the City of
y � and throu�h its duly authorized officers under a
ordinance or resolution pa sed thetl� �. day of � �� , 2� '� ,
hereinafter called the "City," party of the second part, is made to become �f���iiv� u���r� �ully
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 freeway or
expressway designated as I_� �� � w��hin ih� ii�ni�s fr��� ���t�r_�it limit� t� n�rtf� �� �!� ���
inside the City which is in accordance with 43 Texas Administrative Code, Section 25.11.
Within the City, said 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 43 Texas Administrative Code, Section
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 this lighting system 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 being signified by the signatures of duly
authorized City officers in the spaces provided on the title sheet of the plans containing
the following notation.
Traffic—Traffic TEA22 Page 1 of 4 Revised 05/02/2008
CONTINUOUS LIGHTING SC(100) — CMO(100)(SL)
Agreement No.
"Attachment No. to special AGREEMENT FOR CONSTRUCTION,
MAINTENANCE, AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS
WITHIN A MUNICIPALITY (FREEWAYS OR EXPRESSWAYS) (Specific Limits) dated
The City-State construction, maintenance, and operation responsibilities shall be a
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
illumination system as designated by the State. 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. 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 the 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 will 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 by both
parties
B. The State will not incur any financial obligation to the City as a result of the 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
lighting system upon cancellation of the Agreement.
D. If, at any time, the City does not maintain and operate the lighting 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 lighting system. Should the lighting 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.
Traffic—Traffic_TEA22 Page 2 of 4 Revised 05/02/2008
CONTINUOUS LIGHTING SC(100) — CMO(100)(SL)
Agreement No,
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.
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 been 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 within subject matter.
K. The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide the
state auditor with access to any information the state auditor considers relevant to the
investigation or audit.
L. At the request of the State, the Local Government shall submit any information required
by the State in the format directed by the State.
Article 4. INDEMNIFICATION
The City acknowledges that it is not an agent, servant, or employee of the State and, thus, is
responsible for its own acts and deeds and for those of its agents or employees during the
performance of the work defined in this agreement.
IN WITNESS WHEREOF, the parties have thereunto �ffi��� �eir signatures, the City of
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and the �exas���rtment of Transportation on the day ''
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Traffic—Traffic TEA22 Page 3 of 4 Revised 05/02/2008
CONTINUOUS LIGHTING SC(100) — CMO(100)(SL)
Agreement No.
THE CITY OF DENTON
Executed on beh��f �� �� �ity by:
By ���,r�,,�`��� �a,e � Date
, �
Typed or Printed Name and Title a �� ��-�� �����"�
, � ����
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission
for the purpose and effect of activating and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by the Texas Transportation
Commission.
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James K. Selman, P.E.
Dallas District Engineer
Traffic—Traffic TEA22 Page 4 of 4 Revised 05/02/2008
CONTINUOUS LIGHTING SC(100) — CMO(100)(SL)