HomeMy WebLinkAboutOrdinance - 1065-1951 - Providing For The Construction And Maintenance Of Portion Of Hwy 62 - 03/08/1951o3-oe-t.951
MUNICIPAL OI".Dil~ANCE # 1065
(Construction and Maintcnanco)
AN OflDINANCE PROVIDUW FOR THE CONSTRUCTION AND MAINTENA..~CE OF THE PORTION OF
l!IGH'ivAY NO. U.S. 62 ( 19th STREET) IN THE CITY OF Lubbock •
BETWEEN Tf.E FOLLOWING LBliTS, TO-WIT: Texas Avenue & East CiEz Limits ,
HEREINAFTER REFERRED TO AS "THE PROJECT" Al-lD AUTHORIZING TiiE' i.dAYOR OF THE CITY TO
EXECUTE AND THE CITY SECRETARY TO AFl<'IX THE CORPORATE SEAL AND ATTEST THE Sl:i!~E, A
CERTAHY CONTRACT BETWEEN THE CITY J.ND THE STJ..TE OF TEXJ.S PROVIDING l''OR THE COlmTii.UC-
TION, ~~J.INTENJ..NCE, EXISTENCE JJ·W USE OF Si.ID PROJECT AUD DETERMINING THE Lli..BILITIES
.AND RESPOI~SIBILITIES OF THE CITY am THE STi.TE 01•' TEY..:.s V:1TH REFERENCE THERETO; ;.No
DECLi,.RING PJ.! ElliERGENCY l:.ND PROVIDil~G THi,T THE ORDINANCE SHLLL BE EFFECTIVE FROH . .".ND
i..FTER ITS Pl.SSJ.GE.
VrnEREi$, the public oonveniencc, snfety ~nd necessity of the City, and the
people of the City: require thc.t the portion of Higm•ray No. US 62 from -----
Texas Avenue . to East Citl Limits !ia ~9th Street
be-construotod, since the existing condition constitutes a serious inconvonicnco to
the public, which )t is urgently required to bo romediod; and
~;lfEf~;;s, tho City hets requested the State of Texns to contribute financially in
the project; and
~'!HERE/$, tho State of Texas has made it known to the City that the State ·will
assist the City in tho improvement and maintenance of $aid project providing the
City c.pprovcs the plans for said project. t .
l~OW TJ:!EREF'ORE/, BE IT ORDltH!ED BY THE CITY COUNCIL: (
SECTION 1. Thut since the publi~ convenience, sefety ~nd necessity of the City
and the people of the City require it, scid project shall be constructed.
SECTION 2. That the State of Tex~s be and is hereby authorized to ~ntcr upon,
construct and'maintnin the project nt tho locftion and in tho mcnner sh~1n on the
plc.n attached hereto, mo.rked "Exhib~t A11 , E:nd mo.do c. part hereof in all respects.
SECTION 3. The Mnyor of the City be and is horeby authorized to execute for
and on behalf of the City c.n agreement and contraot with the State of Texts in ac-
cordance with end for the purpose of oe.rrying out the terms and ryrovis ions of this
ordinance, in the form o.ttnched hereto and marked "Exhibit B11 • The Me.yor of the
City is furthor authorized to a~prove end sign the detailed plans for construction
of the project or any section thereof whon and as such plans arc comryleted and nrior
to award of construction oontre.ct by the State.. The Ci t~r Sccrctcry is heroby
directed to attest the agreement e.nd contract and to v.ff'l.x the nropor seal of the
City hereto.
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SECTION 4. The fact thet there is an impArntive necessity that the work pro·
vided for in said contract be begun and carried out promptly, and that such contract
should accordingly be forth~ith executed, creates a public emergency requiring that
this ordinance be passed finally on the date of its introduotion, o.nd the Mayor hav-
ing in writing dcolarod the existence of such emergency and requested such passago,
this ordino.nco sh~ll be passed finv.lly on the 0ate of its introduction, this 8 t h
March , L.D. 1951 , and shall tako effect immediately upon its pnssa~e
nnd c.ppr~val by thf}~:~r •. fJ ~/( ~::-..t.c.J MAYOR
ATTEST. ---~~f~~tary-:' " (----~:7'-----------
STl~TE OF TEXJ.S
COUNTY OF ___ .:l::IL~ub~bo:;;,;c:.:.:k~-
I, ________________ L~a~v~e~n~l~a~L~o~w~e~-----------------------' the duly appointed,
qualified and acting city sP.oretary of the City of ___ L __ u_b_b_o_c_k--.----------~------'
TexE'.s, hereby certify that the foregoing pc.gos constitute a truo and correct copy of
an ordinnncc d\.\ly ne.ssod by the City Council e.t a meeting held on March 8
A.D., 1951 , t:t_1_: 3_o ___ o' clock P . M.
To oortify which, witness my hand nhd seal of the City of ..:L:;U~b~b~o~c~k:....-----
TEXJJ), this due 8th day of March , 19_51 , at ------....---------------.-----------
Lubbock , Te.x&s. ----------------------------
Lubbock Tcxt\s --~~~~~~-----------
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lWNICIPAL CONSTRUCTIOl: AND l'AINTENANCE AGREEi iENT
S Tl~TE OF TEXAS 0
LUBBOCK e COUIJTY OF ~ ()
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This agreement made this ~8~t""b,__ __ day of ;March 1 19__..5.1 by and
between The State of Texas, hereinafter referred to as the "State", oe.rty of the
first part, and the City of -~L::;.u;:;;b~b:;.;:o:;,;:o;.::.Jt:....----------~L~u~b~b:;.;:o~o~k~------County,
Texas, acting by end through its duly authorized officers under an ordinance passed
the _...,.;$;:;.;t::;.;h;:.;;._,_day of _..:.Mao=r::..=;c.:.:h:....-____ , 19.:.2J. hereinefter oalled the "City'1, party
of the second part.
W l T N E S S E T H
~~ the City has requested the State to contribute financial aid in the
improvement and tt~.aintennnce of 19th Stl"eet Street within such City~ --~~~~~~-----------
from Texas Avenue to East Oity Limits , --~~~~--------------------~------------~~~~~--~~~-------
the route of Hi6hway No. u. s. 62 and hereinafter called the ''Project", nnd
has by proper ordinance authorized the State to enter unon and i'Tlprove and maintain
or assist the City in the imnrovement nnd matntenanoe of said ~ro ject ; end
V~IIEREJ.S, the State Hi ~hway Engineer, t\cting for and in behalf of the State High-
vro.y Com;nission, has made it knot-:n to the City that the State will eFsi.st the City in
the improvement and maintenance of snid oroject, conditioned that the City, as con-
templated by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter
into agreements with the State for the pur~ose of determining the liabilities and
responsibilities of the narties with reference thereto.
A G R E E ~ E N T
NCWi THEREFORE, in consideration of the nremtses and of tho mutual covenants and
agreements of the parties hereto t o be by them resryectively kent snd nerformed as
hereinafter set forth, it is agreed as follows:
Project Authorization
It is understood o.nd &greed between the parties hereto that the City by virtue
of the provisions of its charter and the la¥'8 of the St~te of Texas has e4clusive
control of and jurisdiction over all streets a.nd oublic wc.ys within the incorporated
limits of suoh City, nnd thnt the City has requested anQ consented to the construc-
tion nnd maintenance of the project and the State in the construction and mainte-
nance of such oroject does so at the spocial instance and request of the City. The
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e City, in consideration of the mutual covenants herein contained, does hereby agree
to and does hereby authorize the State to improve or as~ist·in the im-orovement of
said project at the location and in the manner shown on the nlan approved by both
pnrties and attached hereto, marked "Exhibit A" 1 and made a -of.u•t hereof in all
respects.
Right 2£. Way
The City will provide without oost to the Stc.te a right of vray for the project
free of all obstructions and encroachments, and of a width sufficient to nrovide
properly for the imorovements shown on the plnns, and will not in the fUture nermit
encroachments on said right of way.
Existing Utilities
The City will provide for the installation, removal or other nocessary adjust-
ment of any and all utilities and services, whether ~ublioly or privately ov~illd 1 as
may be necessary to permit the proper improvement, maintenance and use of said pro-
ject. Existing utilities shall be adjusted in resnoct to location and type of in-
stallation in ncoordanoe with requirements of the State. If, upon reoeipt of
written request by the State, the City does not nromptly oerry out this provision,
and if suoh delay results in additional expense to the st~te, such expense will be
the direct charge and obligation of the City.
Enginoering Services
Tho Stato will prop~rc or provide for the construction plans, advertise for
bids, and lot the construction contract, or othcnvisc nrovidc for the construction
end will supervise tho construction, reconstruction or betterment work as required
by said plans. Ae the project is developed to the construction stage, either as a
unit or in increments, tho Strtc will socure the City's a~nroval of the construction
plo.ns for each increment or tho unit prior to arrard of contract.
Division of Construction Rosponsibiliti~s
The City and the Sttttc will provide for the items of construction for which
each assumes fin&ncial responsibility.
If desired by the City and npnroved by the Stato, the City may ~reparo plans
e.nd undertake its items of construction responsibility. In such evont the sequence
of construction will be determined by the State, and the design and construction of
the City's portion of the project will be subject to ins9ection end tho ar.~roval of
the Stato.
If desired by th0 City and approved by the Stetc, any part or all of the items
of oonstruction which aro tho City's responsibility may be included in tho plans and
m~de a part of the construction work to be undertaken by tho St~te. If construction
is undertnken in this mnnnor, the detcils of cost perticipetion and method of pay-
ment will be covered by a separate n~reemcnt to be cxocuted between the City and the
Stt'te prior to the inclusion of suoh work in tho ple.ns. Tho Strtc will ')reparo the
plnns , lot the contract, supervise the construction, end the City will p~y to the
Stnte ·the actual cost ,f the items which E.re the City's rcsnonsibility.
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Traffic Control Devices
The City agrees that traffic control devices, such as stop and slow signs ,
traffic signal lights, parking ~eters and other types of devices for traffic oontrru,
in respect to type of device, points of installation, and necessity will be fixed
by agreement with the State as represented by the State Highway Engineer after
traffic and engineering surveys have been made. The City agrees that it rrill not
install or maintain or permit the installation or maintenance of any type of traffic
oontrol device Vlrhioh will affect or influence the utility of the project without
h~vin~ obtained in ~~iting the prior ap~roval of the State. Traffic control devices
installed prior to the date of this agreement and vmich vall affect or influence the
utility of the nrojeot are hereby made subject to the terms of this agreement, and
the City agrees to the removal of such devices unless their contin,led use in place
is aoproved in writing by the State. It is understood that future traffic signal
lights installed as a joint project by the City and State will be the subject of a
separate agreement outlining the responsibilities for installation and maintenance.
Pavement Stripi~
The State agrees to construct and maintain all longitudinal center line and
non-nassing barrier stripes. The City agrees to construct and maintain any addi-
tional traffic striping it may desire subject to the annroval of the State.
Str~et Lighting srstem
The City agrees to install and maintain any stroet lighting system desired by
the City and to pay for e.ll el0otrio energy as may be required for its opezoation.
The street lighting system installation will be subjeot to the approval of the
State.
Future Utilities
The City will secure or cause to be secured a permit from the Stetc before any
utilit~· installation, r epair, remove.l or adjustment is undertaken, crossing over or
under the project or entering the l?roject right-of.;•ray. It is understood that Sta.to
permits for cutting e. ditch along or across the pavement will require that the nave-
ment surface wilt be replaced within three days arter the ditch is out, and the
State's specifications for bs.ckfill ing and surfec i.ng v.ri 11 be cnre:fully followed .
The City will not remove or permit the removal of any concrete curb and gutter
or any facility constructed by the State v•ithout a vrrittcn T)ermit from the State.
On concrete ourb and gutter constructed by the City, the length and location of all
driveways (curb laid buc!<) shall receive aprroval of tho State orior to construction.
Tro.ffic Regulations ~Safety Provisions
The City agrees to pass and enforce an ordinance restricting parking to paral1el
pe.rking only. The City agrees that other ·traffio zoegule.ti ons will be established
and speed limits fixed by agreement with the Stato as represented by the State High-
way Engineer after traffic and engineering surveys have been conducted.
The City agrees to prohibit the planting of trees or shrubbery or the creation
or construction of any other obstruction within the right of , .. e.y without prior
agreement with the State .
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The City agrees to prohibit the movement of loE.ds over the ~roject and other St~te maintained streets whioh exceed the legal limits for design~ted St~te highways
for either weight, length, height or width except those having uroner ~ermits from
the State for suoh movements.
The State will be responsible for the ereotion and maintenance of informational
signs on the ~roject for direction of traffic, such si ~ns to be of design and loca-
tion to conform to standard practices of the State.
Division ~Maintennnco Res~onsibilities
This general mc.intonance provision is supplementod, or in cc.se of conflict is
superseded in respect to tho point in conflict only, by the specific maintenv.nce
responsibilities as delineated in other ~revisions of this a srocmen:t;.
The City will at its own expe!'lse sweep end otherwise keap the project in a
olean condition.
Maintenance work by the State shall be uerformed only as long as the Project is
the route of a StLte highway, and it is understood and agreed be~Neen the P~rties
hereto that all obligations of the Str,te end the City e.s created hArein shall termi-
nate if and when the project is no longer the route of a State highway.
lndemnifioati.on
The City agrees to indemnify the State against any and all damages and olaims
for d~ages tg adjoining, abutting or other uroperty for which the Stete is or may
be lia.b le arising out of, incident to or in any ,,ray connected w1. th the i nste.lla.ti on ,
the construction, the existence, the use and/or maintenance of such ~rojoct and does
hereby agree to indemnify the State against any and all court costs, attorneys' fees
and all expenses i.n connection with suits for such da'lle.go and she.ll, if requested to
do so in writing, a~sist or relieve tho State from defending any such suits brought
against it~
Nothing in this v.greement shall be construed t o place any liability on the City
for personel injuries arising out of the construction of such nrojcot.
Nothing herein contained shell be construed to ulece unon the St~to any manner
of liability for injury to or deeth of persons or for damage to or loss of 9ronerty
E'.rising out of or in any !l'la.nner connected v•i th the maintenance or use of the pro-
ject, und the City will save the Stat' harmless ftom any damegcs arising from said mv.inten~nco ~nd/or use of said project.
It is further understood and ~e:reed betv'een the ns.rties hereto thet the im-
provement and/or maintenance of the oroject by the Stete is for the sole rur~osc of
providing the travelling publ ic a more adequate travel f~cility end shnll never be
tho basis of any claim for St£te assumntion, or pnrticipntion in tho ~ayment, of any
of the obligations of the City incurred in th\· improvement, '1nst or nresent, of nny
street project.
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IN ~ITNESS VfHEREOF, the parties have hereunto affixed their signatures, the
City of Lubbock . on the 8th day of___.M.:.~o~a .... r"""-l'f,c..,.b.__ ___ ~, 19-51 e.nd the
Stcte on the ..,._. __ day of ---------·' 19 _
CITY OF _ _.L~U.AJ.B"""BO~. C~ll~--------
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APPROVED a THE STATE OF TEXAS
BY
Chairman, Stato Iii~h\·ray Commission ~-----·~s~t-c~to~I~li~3Th-w-ay~c~n-g-.i_n_c_o_r ________ _
}!ember, Strte Hiehvre.y commiss1on
Member, Stc.te Highn·.y Commission District E~incor
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