AGENDA CAPTION:
Title
Consider approval of Resolution 2026-14R, approving an agreement with the State of Texas that clarifies responsibility for the construction, maintenance, and operation of continuous highway lighting systems within and through the corporate limits of the city; authorizing the City Manager, or her designee, to execute said agreement on behalf of the city; and declaring an effective date.
Body
Meeting date: January 20, 2026
Department: Utilities - Assistant Director Brian McHenry
Amount & Source of Funding
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Fiscal Note:
Prior Council Action: Resolution 1990-30R
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Background Information:
On April 9, 1990, Resolution 1990-30R approved an agreement between the City of San Marcos and the State of Texas designating the responsibilities related to construction, maintenance and operation of highway lighting systems on IH 35 within the corporate limits of the city. The reality of additional highway lighting within the City and the passage of time necessitate that the agreement be updated with the State of Texas.
2026 MMA Elements:
• Clarifies the right of the City to review and inspect lighting systems constructed by the State within the City.
• Institutes a requirement for the State to provide an initial stock of spare parts equal to 20% of all parts involved in a newly constructed project within the City.
• Grants the City first right of refusal for all parts in the event of a removal phase.
• Adds a mediation clause for resolution of potential disputes.
• Updates map outlining TxDOT and City responsibilities in the Construction, maintenance and operation of State System highways within the San Marcos city limits to include IH35, SL 82, SH 21, SH 80, SH 123, FM 621, FM 2439, RM 12 and FM 110.
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Recommendation:
Staff recommends approval of the updated AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF CONTINUOUS HIGHWAY LIGHTING SYSTEMS WITHIN A MUNICIPALITY between TxDOT and the City of San Marcos.