Chapter 4: Lighting Agreements

Section 1: Overview

Introduction

All lighting projects within the corporate limits of a city or town involving state financing require an executed agreement between the local government and TxDOT. The agreement defines the responsibilities of each party in regard to construction, maintenance, and operation of the lighting system. The agreement should be executed before the project is let to contract.

Authority

TxDOT has the authority to construct, maintain, and operate lighting systems on highways on the state highway system. The rules are in Title 43 of the Texas Administrative Code,
Section 25.11
.

When an Agreement is Required

The most common instances requiring an agreement are when:
  • TxDOT installs a traffic signal, safety lighting, or a continuous lighting installation within the corporate limits of a city.
  • a proposed installation involves a city or other entity providing materials, labor, or engineering for which TxDOT will reimburse the city or entity, or
  • a county requests continuous or safety lighting on-system and agrees to pay for operation and maintenance.

When an Agreement is Not Required

A written agreement is not necessary when:
  • the traffic signal, safety lighting or continuous lighting system is installed by TxDOT in an unincorporated area completely within TxDOT right of way, or
  • a minute order covers the responsibilities of both TxDOT and the city, and the city has passed an ordinance or resolution accepting the minute order of the Texas Transportation Commission. A minute order may be used in lieu of an agreement depending on the level of detail addressing the responsibilities of each entity.

Ordinance or Resolution

Agreements with cities must be accompanied by an ordinance or resolution authorizing the elected head of the city or a designated representative to sign the agreement.
Agreements with counties must be accompanied by an order of the commissioner's court authorizing the county judge to sign the agreement.
The city or county secretary's certificate must also accompany all agreements to verify that the ordinance or resolution was passed by the city or county. If the secretary has signed and sealed the resolution or ordinance, then a separate secretary's certificate is not required.

Lighting Agreements

A lighting agreement is usually required whenever TxDOT installs continuous or safety lighting in incorporated cities or under special circumstances when requested by counties.
A continuous lighting system provides relatively uniform lighting on all main lanes and direct connections and complete interchange lighting of all interchanges. Continuous lighting requires the financial cooperation of the city, because the benefits derived extend beyond enhanced safety for motorists.
Safety lighting is used at urban or rural interchanges, highway intersections, and points of night time hazards to enhance safety of the facility. If the safety lighting is within a municipality, TxDOT must enter into an agreement with the city. The type of agreement depends on whether TxDOT will maintain the system directly or contract with the city for maintenance. TxDOT mainly installs lighting on roadways on the state highway system. TxDOT occasionally installs lighting on off-system roadways as part of larger projects when no state funds are being expended.

Initiation of Agreement

The design engineer should contact the city prior to designing the lighting system to determine the extent of lighting desired and to work out city participation. A lighting agreement, if necessary, should be initiated at that time.

Traffic Engineering Agreement (TEA) Templates

The following tables give a quick overview of the different types of lighting agreement templates. These lists are intended to act as an aid in quickly determining the correct agreement.
Safety Lighting Templates
Template No.
Short Title
Template Description
TEA 19
Safety Lighting (Blanket) (SM, CP)
Used for the construction, maintenance, and operation of safety lighting systems within municipalities where TxDOT provides maintenance and contracts with the city for electrical costs.
TEA 20
Safety Lighting (Blanket) (City M&P)
Used for the construction, maintenance, and operation of safety lighting systems within municipalities where the city provides maintenance on a force account (reimbursement) basis and receives reimbursement for electrical costs from TxDOT.
Continuous Lighting Templates
Template No.
Short Title
Template Description
TEA 21
Continuous Lighting SC(100) - (CMO)100 (B)
Used for the construction, maintenance, and operation of continuous highway lighting systems within a municipality where TxDOT constructs and retains ownership, while the city provides funding for all maintenance and operation costs.
TEA 22
Continuous Lighting SC(100) - CMO(100) (SL)
Used for the construction, maintenance, and operation of continuous highway lighting systems within a municipality where the lighting system has clearly defined limits. TxDOT constructs and retains ownership, with the city being responsible for maintenance and operation.
TEA 23
Continuous Lighting SC(100) - CMO(100) (SL)
Used for the construction, maintenance, and operation of continuous highway lighting systems within a municipality where construction, maintenance and operation costs, and ownership are split 50-50 between the city and TxDOT.

Modifying Standard Templates

Contract Services should be contacted if either party wishes to modify the terms and conditions of the standard contract templates.

More Information

For more information on the statutory authority and policies that guide TxDOT concerning negotiated contracts, see the .