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HomeMy WebLinkAboutOrdinance - 883-1948 - Construction And Maintenance Of HWY 84 & 87 - 08/12/1948c( Of>~ l't • ILiJ.t)l MJUICIPAL ORDINANCE No • 88} (Construction, Reconatruct:ton and Mlintenanca) AN ORDINANCE PROVIDING FOR THE ........ CONSTRUCTION .AND MAINTENANC1 'OF THE '~ .•. ,iORTION O~ .. :U..S ..... HiallWAY NO. aa.&.81IN THE CITY OF ........ lll.l.bb9:Qk ............. : .................... -........................... ' ................................................... ~ ............................................................................................................ ~ .................... -.... -....... ........... ' HEREINABOVE REFERRED TO AS "TBE STREEI' PROJECT" AND AUTHORIZING THE MAYOB OF TBE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND A'lTEST THE SAME, A CERTAIN CON'l"RACT BErWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, ............. CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET · PROJECT: FOR THE INDEMUFICATION OF THE STATE OF TEXAS, BY THE CITY AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTH!i!R PROP.EETY, AND FOR EXPENSES IN CONNECTION WITH /lEI CLAIM OR SUIT THEREOF: AND DECLARING AN·:· EMERGENcY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFEcTIVE F.ROM MID AFTER ITS PASSAGE. ~' the public convenience, safety and necessity of the city, arid the people of the city require that the portion of .... A~llll.~ ... A .. ~Xld .. i:t:.~ .... e~~-M~.~ ... :fr:Qm. ........ .. ... ~r.~~~:Y. .. }:!? ... ~.~-.. ~~9.~:9.!?: .. ~.~~Y.: .. ~~~~~.~ .. : ............. -.............................................................................................................. .. be ............ constructed. Since the existing street constitutes a danger and serious in-convenience to the public, it is lllgently required to be remedied; Md WHEREAS, the city has requested the State of Texas to con~ribute financial-ly in the· street project; and WHEREAS, the State of Texas has made it lmown to the city that it will assist the city in the street project by furn1ehi.l'l(5 the necessary funds for actual .• construction, reconstruction and maintena.nce; and by supervieiQg construction, pro-/ viding the city approves the plane, grades and align.t~Bnt for said project; and WHEBEAS, the city, in consideration of the providing of said project, agrees to indemnify the State of Texas against all damages or claims for damage to ad~61ning, abutting or other property for which the State is liable, arising out or'~ incident to, and in any way connected with the installation, th8. ........ construc-tion, the existence, the use and maintenance of the street proJect or the passage and enforcement of this ordinance .. NOW THEREFORE, BE fr ORDAINED BY THE em COUNCIL: I ~TION l. That since the p~blic convenience, safety and necessity of the oity ~ the peop~e of the city require it, said street shall be ........... constructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon ........... construct and maintain the street project at the location and in the mariner shown on the plane, attached hereto and .marke4. "Exhibit A" and made a part hereof in all respects. SECTION 3. That nothing in this ordinance sba].J: be construed to obligate the State .of Texas to pay any direct, inc·idental, or oonaequental damages to ( SECTION 4. For and rn consideration o"f ·the mutual comenants herein con-tained, the. city does hereby agree to indemnify the State of Te%as agains~,all damsges and claims for de.mages to adjoining, abutting, or other property for which the $tate of Texae is liable, arising out of, incident to, or in any waY. connected with the installation, the ..... _.conetruetion, existence, use and maintenance of said street proJect and does hereby agree to indemnify the State of Texas against all ~ourt coats, attorneys' fees and all expenses in connection with suite for such damages, and shall, it requested to do so in writing, assist or relieve the State of Texas from defending any such suits brought 8£'.Linst it. SECTION 5. Nothing contained herein shall ever be construed to pM.ce upon the State of Texas any manner of liability for injury to or death of persons or for d.ama.gee to, or loss of property arising out of or in any mann~r connected with the maint~nance or use of the street project and the city will eave the State of Texaa harmless from any damages arising out of said main~ce and/or uee·of said street. proJect. · SECTION 6. The Mayor of the city be and is hereby authorized to execute for and on behalf of the city an aereement and contract w1 th the State of Texas in accordance Vith and for the purpose of carrying out the terms and. provisions of this ordinance, in the form attached hereto and marked "Exhibit B11• The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the city hereto. · SECTION 7 ,. The .Mlyor of the city, having requested ;in writing that this ordinance take effect. forthwith end there being in fact an emergency and 1mpel'6t1 ve necessity that the work herein provided for be begun and carried out promptly e.nd. with expendition and that the contract aforesaid shall be immediately made, ~xecuted and delivered to the end that such work herein providaifor may be begun and carr:liad out promptly and with expedition. The read1118 of the ordinance on three several days is hereby dispensed with end the same shall be in full force and ~ effect from aM. after 1 ts pa8988e. Passed and approved by the City Commission this the -.1-..2_ 1948. /) I I---A .... _ /)'"' day o£ Auc:u st , /""\ STATE OF TEIAB" I l COUNTY OF 'li.Q~I I This agreement made this __ day of , 19_, by and between The State of Tems, hereinafter referred to as the "State", party of the first ];)art, and the City of Lubbock , Lubbock County, Tema, acting by and through its duly authorized officers under an ordinance passed the _12 __ day of AOOUST , 19_4_8, hereinafter called the "City", :party of the second :part. WITNESSETH Whereas, the City has requested the State to contribute financial aid in the improvement and/or maintenance on _____________________ ~------------------------Avenue A ~from-l.iB~ro~a~duwa!a.Jy'-------------_____ to North Cj t.y I.i mit. s at Avenue H within such City and has by proper ordinance authorized the State to· enter upon and improve and/or maintain or assist the City 1n the im~rovement and/or maintenance of said project; and WhereasJ the State Highway Commission under date of Oct 30 approved a 1945 ____________________ program of work which includes the project described above, and Whereas, the State Highway Engineer, acting for and in behalf of the State High-way Commission in activating such program, has made it kno'Wll to the City tba.t the State will assist the City· in the improvement and/or maintenance of said street project by furnishing the funds necessary to construct, reconstruct or otherwise place said street in a condition to properly serve motor vehicle traffic thereon by preparing plans for said bnprovement and supervising the construction, reconstruction or betterment work as provided in said plane or my be provided in said plans condi-tioned that the City, as contemplated by Senate Bill 415, Acts 46th Leg~el.ature, ReguLar Session, will enter into an agreement with the State for the purpose of determining the liabilities and reeponeibilities of the parties with reference there-to, determining and providing adequate and appro~riate means for the regulation of traffic, policing and maintenance of the project upon completion, and,provided further. that the City approves the plans, epecificatione, alignments and grades of Now therefore, in consideration of the premises and. at' the mutual. covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: -The State as its contribution to the improvement of said street proJect will prepare or provide for the plans and specifications, advertise for bids, and let the construction contract, or otherwise provide for the construction, and will supervise the construction, reconstruction or betterment work as required by said plans, and will :pa.y the cost of those items indicated on the plaM ae to be :paid for by the State. As long as the city street is a designa.ted highway, the State will maintain said street project except those portions as may be mde the City's oblie~J.tion as mntual.l.:r agreed to by the }larties hereto. The State will JZintain said street proJect or such portions thereof or extensions thereto as my be indicated on said plans for State maintenance, and such other portions as my be mutually afVeed to by the parties hereto. The City, 1n considers. tion of the mutual. covenants hare in contained, does hereby agree to and does hereby authorize the State to improve or assist in the improvement of said street project at the location, to the grades and in the mnner shown on the plans, which .plans when approved by both parties hereto will be attached hereto, marked "Exhibit A" and become a :part hereof in all respects. The City will provide for said street proJect a right-of-way free of all obstructions and of a width sufficient to properly provide for the improvements shown on the plans, without cost to the ·State and will not, in the futU.re, permit encroachments on said right-of-way. . The City will provide at its own expense for the installation, raising, lowerine, removal or other necessary adjustment of any and all utili ties or services, whether publicly or privately owned, as my be necessary to permit proper improvement, ma.intemnce and use of said street project, and, failure of the City to promptly carry out this provision upon the written request of the engineer shall, if such delay results 1n additional expense to the State, be the direct charge and obliaation of the City. The City agrees to pay to the Sta. te promptly the coat of' making repairS to the subgm.de or aurfacine IIBde necessary by reason of' the installation,· repair, removal, or adjustment or any such publicly or privately owned utUities or services, which may occur after the completion of' the street proJect. The City agrees tbat it will refrain from I8SS:tng an ordinance fixing a speed limit on the above mentioned street project of under twenty (20) miles per hour nor will it allow the erection of signs, eemphores and/or signals that will give preference to local routes which intersect with the said street project, nor that will slow up, hinder or delay traffic on sa.id above mentioned street project • ..1 ......... _..L-"".11 -"-.L-.L.-DJ>.t .-, .. -\...&..- 1 ts own coat and oxpenao 1 shown on the p~ans1 wru.on ~a or nw.y vtt .UlU.l.l.;a.<.ot:u. v.u cu~-.u .Plans as the responsibility of the City. The City agrees to indemnify the Stato against any and all ~e and clnims for dnmase to adjoining, abutting or other property for which the Snate is er may _ be liable ar1a1ne out of, incident to or in any way connected with the tnsalla-tion, the construction, the existence, the ueo and/or maintenance of such etroet project and doos hereby agree to indemnify the State against any and ail court coats, attorneys' fees and all expenses in connection with suits for· such d~· aQd shall, if requested to do.so in writing, nssiat or relieve th~ State ~om defending any such suits brought against it. Nothing herein contained shall )e construed to place UpQn the State any manner of liability for injury to or death of persons or for damn~ to or loss of · property a.Mising out of or in any manner ~Jonnected w1 th the nw.intenance or use of the street ~reject and the City will eave the Stato ~armlose tram any ~e arising from· sai~ DJ£l.intenonco &w./or use of said street projoct. It is understood and agreed botwoen the parties heroto thnt the Oity by virtue of tho provisions of its charter and the laws of tho State of Texas has exclusive control of. and jurisdiction over all streets and public ways within the incorporated limits of such city and that tho City has requeetod ~eo~ to the CQrtetruction of the abovo otreet ~roject herein~bove named and the Sta~e in the construction of the ~bove stceet ~reject docs so at the special 1nstanoe and request of the City. The location, ~ados and manner of construction shown on the plans. attached hereto and marked 1\Exhibi t A" a.re made a part hereof. In case of conflict botween this QBreement abd said plans, tho plans shall govern • . ' •Nothing in this agreement shall be construed to place eny liability em the City for personal injury arising out of the co~truction of such street project. It is underi!Jtood nnd agreed between the parties hereto that all obligation of the·State, created herein, to maintain the herein ~bove described street proj-ect sh~ll end and terminate if and whon t~e Stato shall abandon, cnncel or re-. loca.te such designa.tion. i · It is ~ther understood and agreed bbtween the partios hereto that the improvoment onrl./or mnintenonoe of tho abov~ project by the ~tato is for the aola purpose of providing tho travelling public' a mo~ adequate travel facility and shall never be the basis of ony claim for ~tate o.e.sumption·, or participation in the po.yment, of ony of the obligations of ~he City incurred in the improvement, past or present, of any stroot project. 1 ' It is further unde~stood and agreed between the parties hereto that the City will pass an ordinance requiring parallel parking on all parts of the project within the City Limits!, to become effective within 60. day:.s · ?fter co~pletion of work. It is .further understood and /agreed between the parties hereto that the·City will, at such time as found necessary for proper traffic control hv the State. erect ,maintain and operate at its own eJ(pe nse a· "Stop" and li.T ' " • -~ .. -- IN WITNESS WHEREOF, the :parties have hereunto affixed .their signatures, the City of ........................................... Lv..b.bQ.C.k ................................................................ _, .. _ ... : ..... . .. .. ·-·--on the ......... _ ...... l-2-ta ......... ----·--day of .. Augu·st ............... -.......... -.... , 19 48-.. 1 and the Highway Department on the ................................................ -day of ................................................................ -........ _,,, 19 ............... •. AT'IEST: CITY OF . ..(.S.igne.d.) ..... _J~ ..... H ...... Rod.g.e.PS-·---.. -·-Laven ia Williams ................. c1t:y: ..... S"Efc·ret·ary .. ~ ............................................... . BY ............................................ ~Y.2.!.: .................................. -................................. . ( iiti~·-o"!"' si¢~'" orri~ 1'8if"'"''"-· ....................... . 'APPROVED: TBE STATE OF TEXAS BY · s·tate-E::i~way--tne:ineer ......... -.............. _ .... _ .. · chairman; .... state·-Iii8liw~y:···c·ommlaaion· APPROVAL Rl!XJOMMENDED: Me"mtier ,-.. ·st&t&1u'Shwa:Y ... <fom1as-ron:··--District Engineer l.fe.m1>~:r·~--.. ·stat~ .. ··nigh;ai .. c.Oiliiilia'aion ......... Note~ Any official signing for and on behalf of a muriicipality·should attach an original or authenticated copy of order, resolution, ordinanca, or charter prov1aiqn1 or a c 1 tat ion to . .statute, under the e.uthori ty of which this agreement ie executed.. Each agreement should be executed in duplicate.