0998~~
RESOLUTION N0. /
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A RESOLUTION AUTHORIZING MAYOR TO EXECUTE
AN AGREEMENT WITH THE ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
FOR ROADWAY ILLUMINATION
ON INTERSTATE 40 AND INTERSTATE 55
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, THAT:
The Mayor be and he is hereby authorized to execute that certain
CONTRACT AGREEMENT with the Arkansas State Highway Commission for par-
ticipation by the City of [Jest Memphis in the installation, operation
and maintenance of partial roadway illumination on Interstate 40 and
Interstate 55 at various locations on the main lanes, ramps, frontage
roads, and cross roads within the City of [lest Memphis.
This Resolution adop
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iMEO CITY p,gRK"~ (~~
JAN 28 ~e~
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AGREEMENT
This Agreement, made and entered into this day of
1985, by and between the Arkansas State Highway
' Commission, hereinafter called "Commission", and the City of West Memphis,
Arkansas, hereinafter called "City",
WITNESSETH•
WHEREAS, the parties do hereby propose, for the benefit and safety of
the public to install, operate, and maintain partial roadway illumination
on Interstate 40 and Interstate 55 at various locations on the main lanes,
ramps, frontage roads, and cross roads within the City of Taest Memphis,
Arkansas; and
~+TfiEREAS, in order to provide this public service, the City has expressed
a willingness to assist the Commission in defraying the cost of providing
illumination.
NOW THEREFORE, in consideration of the above provisions, the parties
hereto agree:
(1) The Commission will make any necessary field surveys, prepare
construction plans and specifications, receive bids, award the construction
contract, and provide engineering supervision during construction and instal-
lation of the illumination facility, all subject to the approvals, Federal
laws, rules, regulations, and orders that apply to a Federal-aid project.
(2) Upon completion of the project, in accord with the plans and
specifications, and acceptance of the project by the Commission, the City
will be notified in writing by the Commission that said project has been
completed and is ready for operation and maintenance by the City.
(3) The City will cooperate with the Commission in the preparation of
the construction plans for the illumination project, to the extent of supply-
ing all necessary data regarding line loadings, City transformer locations,
and power tie-in locations essential to the proper installation of the illu-
mination facilities.
(4) Upon notif ication by the Commission's engineer in charge of the
project that the facilities are ready for testing, the City will proceed
A
r
without delay to make necessary power connections for proper testing of the
facilities prior to acceptance of the project and release by the contractor.
(5) Upon receipt of written notice that the project has been accepted
by the Commission, the City will immediately assume the continuing operation
and maintenance of the illumination facilities at no cost to the Commission.
The City further agrees to maintain and operate the installed facilities at
the level and intensity of illumination intended by the contract plans and
specifications, subject at all times to the inspection and approval of
representatives of the Commission.
In the event the City fails or refuses to maintain the facilities as
outlined herein, the Commission is hereby authorized to assume maintenance
of the project and, by the appropriate Resolution, request the State Treasurer
to withhold from the City sufficient funds from the Municipal Turnback Fund
to defray the cost incurred for such maintenance.
(6) And further, that this Agreement remain in effect so long as the
Highway Commission uses this same policy for street lighting; but if the
Highway Commission changes their policy and assumes responsibility for the
complete operation of this type street lighting in the other parts of the
State, this Agreement would be void.
(7) Any addition, deletion, or change in the covenants set forth above
shall be made only upon mutual agreement of the parties hereto.
(8) This Agreement shall be binding upon the parties hereto, their
successors or assigns.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands
and seals the day and date first written above.
ARKANSAS STATE HIGHWAY COMMISSION
BY