A lighting agreement is not necessary when a city is authorized through a Municipal Maintenance Agreement to install, operate, and maintain a safety lighting or continuous lighting system within its corporate limits at city expense.

If a local government defaults on any lighting agreement with TxDOT, TxDOT will discontinue any further funding of continuous lighting systems in that local government's jurisdiction, unless the executive director determines that such action would be inconsistent with the safety of the traveling public.

Local governments may finance, install, and operate illumination systems on marked state highways not lighted by TxDOT.

TxDOT cooperates with local governments in the consideration of such illumination systems. TxDOT personnel may assist and advise in the planning and design of such systems when requested by a local government.

Roadway lighting systems installed by local governments on a segment of the state highway system must meet all safety-related requirements under federal and state law and TxDOT functional manuals. These lighting systems should also conform to the National Electrical Code (NEC).

Local governments must obtain written approval from the TxDOT district office for all proposals to install, maintain, and operate on-system lighting. TRF is available to review and offer recommendations when requested by the district. Such installations must be in accordance with the municipal maintenance agreement, if applicable, and in some cases, the local government must obtain a utility permit from the district. A separate agreement is not necessary.

For blanket agreements (except for specific limits), the following quotation from the agreement should appear on the title sheet of the plans with the city authorized signature.

Attachment No. XX-XX 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.

The attachment sequence number (XX-XX) should be inserted into the quotation. Most districts use a yearly format for the sequence number, such as "Attachment No. 02-95."

Safety lighting is used at specific spot locations to enhance safety of the facility. TxDOT bears the cost of installation, operation, and maintenance of safety lighting at interchanges, highway intersections, and points of night time hazard in both urban and rural areas, as traffic needs dictate.

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.

When safety lighting (on traffic signal poles, separate poles, or underpass structures) is installed by TxDOT in an incorporated city as part of a traffic signal installation, and a separate power source is not required, the safety lighting is considered incidental to the traffic signal installation and is usually covered by a municipal maintenance agreement or a traffic signal agreement.

For more information see the Traffic Signals Manual, .

If a TxDOT installed or funded safety lighting system is later incorporated into the limits of a continuous lighting system in which TxDOT participated in the cost of installation, then the cost of operation and maintenance of the safety lighting system is shared by TxDOT and the local government on the same basis as they share the cost of operation and maintenance of the continuous lighting system.

If a TxDOT installed or funded safety lighting system is later incorporated into the limits of a continuous lighting system in which TxDOT does not participate in the cost of installation, then TxDOT continues to pay the entire operation and maintenance cost of the safety lighting system; however, TxDOT will not participate in the cost of operation and maintenance of the continuously lighted sections into which the safety lighting system is incorporated.

Full Title:

Agreement for Construction, Maintenance and Operation of Safety Lighting Systems Within Municipalities (State maintains and contracts for power) (Blanket Agreement).

Use:

For the construction, maintenance, and operation of safety lighting systems within municipalities when TxDOT maintains the safety lighting and is responsible for contracting for the electrical power.

If the city selects this agreement, TxDOT will:

The Safety Lighting (Blanket) (SM, CP) agreement automatically renews every two years.

A reduced copy of each signed title sheet referencing this agreement should be kept with the original agreement for record purposes.

Full Title:

Agreement for Construction, Maintenance and Operation of Safety Lighting Systems Within Municipalities (State contracts through city for maintenance and power) (Blanket Agreement).

Use:

For the construction, maintenance, and operation of safety lighting systems within municipalities where the city provides the maintenance and power to safety lighting systems.

The city will:

A reduced copy of each signed title sheet referencing this agreement should be kept with the original agreement for record purposes.

Continuous lighting provides lighting along a stretch of freeway or expressway to enhance the overall nighttime visibility and safety of traffic.

There are two kinds of standard agreements for continuous lighting systems - the "100 Percent Agreement" and the "50-50 Agreement." Which agreement is used depends on whether TxDOT bears the entire cost of the system or shares the expense with a local government.

The 100 percent agreement provides that TxDOT assumes the total cost of design and installation of the continuous lighting system, and that the local government assumes all cost of the subsequent operation and maintenance.

The 50-50 agreement provides that TxDOT and the local government share equally the cost of the installation, operation, and maintenance of the continuous lighting system

Full Title:

Agreement for Construction, Maintenance and Operation of Continuous Highway Lighting Systems Within a Municipality (Freeways or Expressways) (Blanket Agreement).

Use:

For the construction, maintenance, and operation of continuous highway lighting systems within a municipality where TxDOT constructs the system and retains ownership, while the city provides funding for all maintenance and operation costs.

Features of this agreement include:

This agreement applies primarily to continuous highway lighting systems on freeways or expressways.

The agreement automatically renews every two years.

A reduced copy of each signed title sheet referencing this agreement should be kept with the original agreement for record purposes.

Full Title:

Agreement for the Construction, Maintenance and Operation of Continuous Highway Lighting Systems Within a Municipality (Freeways or Expressways) (Specific Limits)

Use:

For the construction, maintenance, and operation of continuous highway lighting systems within a municipality where the city does not wish to execute a blanket type agreement, but wishes instead to execute a separate agreement for each lighting system with defined limits. TxDOT retains 100 percent ownership with the city assuming 100 percent responsibility for maintenance and operation.

Features of this agreement include:

This agreement applies primarily to continuous highway lighting systems on freeways and expressways. Districts should use this agreement if the city refuses to sign a blanket agreement.

Full Title:

Agreement for Construction, Maintenance and Operation of Continuous Highway Lighting System(s) Within a Municipality (Freeways and Expressways) (Specific Limits).

Use:

For construction, maintenance, and operation of continuous highway lighting systems within a municipality where construction, maintenance, and operation costs, as well as ownership, are split 50-50 between the city and TxDOT.

Features of this agreement include

The agreement applies primarily to continuous highway lighting systems on freeways or expressways.

For more information on lighting and other traffic engineering agreements, see the

Negotiated Contracts Policy Manual

, .