R-2018-01 Agreement Between the City of La Porte and TxDot for Lighting System

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RESOLUTION NO.2018- 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,TEXAS,ENTERING INTO AN AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF INSPECTION LIGHTING SYSTEM UNDER SH 146 WITHIN THE CITY OF LA PORTE. WHEREAS,the City of La Porte has requested Texas Department of Transportation to allow construction, maintenance,and operation of a underpass lighting system underneath the freeway designated as State Highway 146 at the intersection of West Barbour's Cut Blvd. within the limits which is in accordance with 43 Texas Administrative Code, Section 25.11;and WHEREAS,within the City of La Porte,said lighting system hereinafter referred to as the"lighting system" is to consist of lighting to be built underneath State Highway 146 at West Barbour's Cut Blvd. at the truck inspection station. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte 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 the construction or betterment work as required by said plans and specifications and the State will review the plans before construction begins. Section 2. The City of La Porte agrees to furnish at its expense the electrical energy required for proper operation of the lighting system. The City further agrees to maintain and operating the lighting system in an efficient and slightly condition. The City shall assume maintenance and operation of the lighting system once accepted by the State. Section 3. The City of La Porte will obtain approval of the Executive Director before making any major changes in the design and/or operation of the lighting system as designed 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. Section 4. The 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. Section 5. This agreement may be terminated sixty 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. Section 6. 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. Section 7. This Resolution shall be effective upon its passage and approval.