HomeMy WebLinkAboutOrdinance - 1081-1951 - Providing For The Construction And Maintenance Protion Of HWY 62 - 05/03/1951' ' ....
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Millc'TCIPAL ORDINANCE fl 1081
(Construction and Maintenance)
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AHD MAINTENANCE OF THE PORTION OF
HI GlfhAY NO. U.:A..62 ( 19th STREET) IN THE CITY OF Lubbock ,
BETWEEN TF~ FOLLCWliNG LI ~ITTS, TO-~ITs Texas Avenue and East Cith Limits ,
HEREINAFTER REFERRED TO AS "THE PROJECT" AND AUTHORIZING TilE kAYO OF THE CITY TO
EXECUTE AND THE CITY SECRETARY TO .hFFlX THE CORPORATE SKilL .AND ATT~ST THE Sl~U:, A
CERTi.IN CONTRb.CT BETWEEN THE CITY AND THE STJ.TE OF TEXJ~S PROVIDING FOR THE CONSTl<UC
TION, ~r.J.INTENANCE 1 EXISTENCE lJ\D USE OF Si.;ID PROJECT JJW DETERMINING THE LIJ.BILITIES
AND RESPOl\SIBILITIES OF THE CITY .. ·.ND THE ST .. /TE Oii' TEX:.S WITH REFERE NCE THERETO; ;.ND
DECLi.RING .fJ:-1 EHEIWENCY LND PROVIDING THLT THE ORDIN:.NCE SlL'.LL BE EFFECTIVE FROH .. ·.ND
J:.FTER ITS Pf.SSJ.GE.
VffiEREi.S , the public oonvenienco, sflf'ety o.nd necessity of the City, and the
people of the City, require thc.t the portion of Higm·•ay No. U.S. 62 from -----
Texas Avenue to East Ci ty Limits via 19th Street
be construct ed , sinco the exist ing condition constitutes a serious inoonvonionoe to
the public, which jt is urgently required to bo rcmodiod; and
hHERE.\S, the City hes requested tho State of Texas to contribute financially in
the project; and
1"1IEREJ..S. tho State of Texas has me.de . it known to the City that the State will
assist the City in tho improvo~ent and maintenance of said project ~roviding the
City a~Prov c s the plans for se.id pr oject .
lWW THEREFORE 1 BE IT ORDi~INED BY THE CITY COID,J CIL:
SECTION 1. Thct since the public oonvenicnoe, s~fety end neo~ssity of tho City
and the people of the City require it. said project shall be constructed.
SECTION 2 . The.t the Stete of Tex&s be and is hereby authorized to enter upon,
construct and maintain the project at tho locrtion and in the mcnner shovrn on the
plo.n attached hereto, markod "Exhibit A", end made o. part hereof in all resp ects •
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SECTION 3. Tho Mayor of the City be and is hereby authorized to execute for
end on behalf of 'the City on agreement and contract with the Stato of Tcx~s in ec ~
cordanoe vnth and for tho purpose of carrying out the torms and ~revisions of this
ordinance. in the form nttnchod horeto and marked "Exhibit Btl. The M&yor of the
City is further authorized to n~prove ond sign tho detailed plans for construotion
of the project or any seotion thereof when and es such plans are oomnleted end p rior
to award of construction oontrs.ot by tho State. Tho City Seorctr.ry is hereby ·
directed to attest the agre0mcnt end contract and to a ffix the nropcr seal of the
City hereto.
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SECTION 4. The fact that there is an imperative nooessity that the v•ork pro
vided for in said oontraot be begun nnd carried out promptly, and 'that such contract
should accordingly be forthwith executed• creates a public emergency requirin {~ that
this ordinance be passed finally on the dete of its introduction, ond the ll:ayor hav
in.g in writing declared the existence of such emerge ncy and requeste d such pass a ~c, 3 this ordino.noe shall be p a s .sed finally ~n the elate of its introduction, this 3rd
May , J •• D, l!J5'1 , end shall take effect i!1'111lcdiately upon its p#lssa ~o
nproval by the }1ayor.
COUNTY OF_-'=L=--u~D-.b...:.(J.,..,eiU.l<~-
I, Lavenia Lowe , tho duly apnoirited,.,.. --------------------~--~~~~~ __ . ._ _______________ .
qualified and noting oity s~crctary of the City of __ Lu~~b_b_o_o_k ______________________ ,
Texr.s, hereby certify that the foregoing pc.gos constitute a true and correct copy of
an ordinenoo duly nessod by the City Council at a me eting hold on May 3 , ----~~·---------
A.D., 1951, ~t 1:30 o'olockP. M.
To certify which, witne ss my har.d nhd seal of the City of ----=L~u~u~bo~o~k~---I
TEXJ..S, this due __ 3_r_d _____ dny of __ M_a..;,y ______ ""'"', 1951, at
----------~L.u~b~b~g~c~k~------~' Tex&s.
Vsecrete'ry ot~ec· y of
T r.X E\S -------------------------
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MUNICIPAL CONSTRUCTIOl~ MID YAI NTENANCE AG:nEEI IE:NT
STfi_TE OF TEXi..S 0
COUNTY OF TRAVIS ()
This agreement made this _________ day of __________________ , 19 ___ , by and
between The State of Texas, hereinaft e r referred to as the "State", 11arty of the
first part , and the City of ~ Lu~ook County ,
tl 1081
Texas 1 acting by and through its duly authorized offioer s under an ordinance/pas s ed
the 3rd day of __ ___;;M:;.;;a:::.l.c.-----' 19~, hore1.nefter called the "City", part~
of the second part .
W ! T N E S S E T H
WHEREAS, the City has requested the State to contribute fine.ncial aid in the
improvementanc ma i ntenance of ~-St... Street within such City ,
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f rom %.-. .A..... to ------~------~~----------------------------~---~~Q~"~'-~-'~-'-·----------·
the route of Hi ~hway No. '0'. 1. U and hereinafter ca l led the "Project", a nd
has by nroper ordinance authorized the State to e nter uoon snd i ~prova end ma int ain
or assi~t the City i n the imnrovement and maintenance of said ~reject ; and
i":EEREI..S, the St ate IIi r::hway Engineer, c:ot i ng for and in behalf of the Stote Hi gh
V'O.Y Com.--nission, has made it knO\·m to the City that the State will a~>si~t the Ci t y i n
the improvement and mainte nance of so.id nrojec t, conditi one d that the City, n.s c0n
tennlated by Senate Bill 415 1 Acts 46th Legislat ure 1 Re3ule.r Session , ·will ent e r
into agreements with the State for the n ur~ose of determin i ng t~e liabiliti es a nd
responsibilit i es of the ~arties with reference thereto .
A G R E E U E N T
NO\'i THEREFORE , in consideration of the oremisor-and of the rrtutual coven{.nts and
agreement s of the p a rties hereto to he by them resT)ect ively ko':>t and ')erformed as
herei nafter set forth, it is agreed as follows:
Project Authoriz ation
It is understood nnd q;roed 'betwee n the parties hereto that the City by virtue
of the provisi ons of its charter and t he la"'s of the St a te of Texas has exclusive
control of ~nd jurisdiction over all streets and nublic '~ys wi thin t he incor p orated
limits of such Cj_ty , ond thet tho City has reque~ted an0 consented to the. construc
tion and maintenance of the project and the State in the construct i on and main t ~
nance of such pr oj e ct does so at the suocial instance &n~ r e quost of the City . The
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City, in consideration of the mutual covenants herein conta'ined, does hereby agree
to and does hereby authorize the Ste.te to improve or assist in the imnrove!aent of
said project at the location and in the manner shovm on the plan ap proved by both
parties and attached hereto, marked "Exhibit A", and made a part hereof in all
respects.
RIGHT OF WAY
The ·city 't'!ill provide without cos't to the State a rir:ht of way for the oroject
free of all obstructions and encroachments, and of a width sufficient to "!'rovide
p:r-operly for the improvements shov·m on the plans, and ''rill not i.n the future permit
enoroaohments on said right of way.
EXISTING UTILITIES
The City will provide for ·the installation, removal or other necessary adjust
ment of any and all utilities Elnd services, ·whether publicly or privately o~med, as
may be neoesso.ry to permit the p.rop.er ·improvement, maintenance and use. of said pro•
jeot.· Existing utilit~es shall be adjusted in respect to location anc type of in·
stalle.tion in f!.OCordanoe with requirements of the State. I£, upon receipt of
written request by the State, the City does not promptly carry out this provision,
and if suoh delay results in additional expQnse to tho State, such exoense will be
the direot cha:r-ge and obligation of the City.
ENGHTEERI NG s:gRVICES
The State will prepare or provide for the construction plens 1 advertise for
bids, and let -t~e construotion contract, or otherwise nrovide for the oonstruotion
and will suporvis~ the construction, reconstruction or betterment v:ork as required
by said plans. As the project i~ developed to the construction stago, oither as a
. unit or in ;i.norements, the Sta.te will seoure the City's ap p rova l of the oonstruo
tion plans for eac ~ i ncrement or the unit pr i or to av~rd of contract.
DIVISION OF CON&TRUCT ION iillSPONSIBlLITI ES
T·he City and :the St~te will !l rovide for t he followinc; ite ms of constr uction
for whioh each as sume s financial resnonsibility.
lbe ll'V WJ!i ~-I• ~ ooaat~t• tot ._ .a t.actll nt.otOMtlfl ~·. tl.,.
ftOft'a ...._.41'Aintft8 tre .._ l~baaa• rl~ 1S.. at atnt• tf~•
lht ... -. dtt' ,_.. ,_ .. qcm&~l-...... ot ~los. -~ ~
aDCJ t.-'"~• o~ tM.U~ ~ •. u.clitQ .C-'*• nora e .. .., at24 l!>8kl*tt s~ ...
lt·-t.N4 bf ·fto Oitv-' _,.....,..-tbe a•w, \• Ct'Y tar»....,.,.._
d ~ tte t._. ot oOSttrunlift ,.._l.Ut•• 1ft .a.,_. t~ ~
of OOUVU.tlon wt.t1 .lte .._,..tD!ttl 'bl. t1a1t atete; .., .,_ ,.lea U4 oO(ltti'U~lo-l ot
.._ ot.'r•• toftt.• ot • ,..,.. wt.t1 '-..... ~ 'o r~oo .s ttae •~•l 01
._eta~. ·
I, 4te""' \7 W Ol--~ aWfouM 111'' ~ 8---;, _, ,._ or •u of tlMt l'
ot . o--ruotJa wbtoh .... tbt Oltl'• N ...... liil\7 "*V ta. lHl\1614 S.~ tbt plt&U ta4 -.ape.not._~•"'*"'*'*"•....__. .. .-su.-.~ 11~•
t.t .a..._ All tbt.e ~. ti ....u. ot O'Oft '*"'l.Ol,ntoa lm4 -'hotS ot ,..
--" wlll lit ocn.....a t1r a ,.,_.'9 .., ..... *o bt .....w ......_ ibt Ottr &ad tl•
*'-f1ior . ilo tbt t..-l•'-• of eueh _,Pk. i'ft •hAt p1ane.. 'lU ,_._ will ~ • plc~Dt• J.t . .._ oo=root. •u~• the ooa"nottoa.t..~~ tt. OUav 1411 ,a, to t~
8_. ,._ .-.w. oon 01 tlt. 4.'-Wblob ~ ~ Cl'7•t .,._oulblU'1•
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8 TRAFF'IC CONTROL DEVICES
The City agx-ees that traffic control devices, such as stop and slow signs,
traffio signal lights, oarking meters and other types of devices for traffic con
trol in resoect to type of device, points of installation, and necessity will be
fixed by agreement with the State as represo~ted by the State Higm~ay En ~ineer e.fte
traffj.c and engineering surveys ha.vo been ma de. The City a~rees that it will not
install or maintain or permit the installation or maintenance of any type of traffi
control device which will affect or influence the utility of the nroject without
ha.v in g o bta in~d in v•r it inc; the prior e.pp r oval of the State • Traffic co ntr o 1 device
installed prior to the date of this agreement and whioh will affect or in1'1 uence th
utility of the project are hereby made subject to the terms of this agreeme nt, and
the City agrees to the removal . of suoh devic e s unless their continued use in place
is approved in ~Titing by the ~tate. It is understood that future traffic signal
lights installed as e. joint project by the City and State will be the subject of a
separate agre ement outlining the responsibilities for installat ion and mainte n ance.
PAVEV.ENT STRIPING
The State agrees to c onstru ot and ma.i nt a in all 1 ong it ud ine.l o enter 1 in e and
non-passing barrier stripes. The City agrees to construct and maintain any addi
tional traffic striping it may desire subject to the approval of the State.
STREET LI GHTUJG SYSTEM
The City agrees to install and maintoin any street lightin b system des i red by
the City nnd to pay for all electric energy as may be required for its operation.
The street 1 ighting syst e m installc.t ion wi 11 be subject to the a.nproval of the
State.
r'UTURE UTILITIES
The City will seouro or OE\uso to be secured a p e rmit from the Btc.tc be fore any
utility installation, repair, removal or adjustment is undertaken, crossinc over or
unde r the project or entering the project ri!;ht-of-we.y. It is further ag:ro ed that
tho City >'fill comply or require oomplianoc by others with the spo cific d ions for
bac kfilling, replacing ,avements, and other features of co n struction as stipulat e d
in the permit. In event the City or others f F<il to n erform all work in e.ccordanco
with tho requirements of the 'speoii'icntions in the !Je rmit, the City l".grcos to pc.y
to tho Stc.te promptly the cost for making correction of any deficiencies in the
origino.l work.
The City wi 11 not remove or pe rmit the r e moval o.f e. ny c o no r C't e o urb and gut te
or any facility constructed by the Stnte without u written permit from tho Ste.te.
On concrete curb o.nd gutter constructed by the City, tho length £1nd location of all
drivevre.ys (curb laid back) sho.ll receive approval of the Stete prior to construction
TRAFFIC REGtn.ATIONS Mm SAFETY PROVISIONS
The City cgrees to pass and o nforce an ordinc.nce restricting parking to pe.re.lle ~
purking only. The City ngroes that other traffic regulations v·ill be est ~blished
a nd speed 1 imits fixed by c.greomcnt with the Stde as r e pr e sent e d 'by the St c.te High
wr.y Engineer n fter traffic and engineering surveys h nv e b e en conduc-cou.
The City o.grees to prohibit the pltmting of treos or shrubb e ry or tho creation
c.r construction of any other obstruction within tho rie;ht .. of-vray without p rior
'1!''.,.e J ment vrith the State.
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The City F>,grees to prohibit the movement of loads over the project and other
St nte maintained stre e ts which exceod the legul limits for desig-'1nted Stv.te high
ways for either weight, length, height or width except those having proper pe rmits
from tho Stnte for such movement.
Tho State ''rill be responsible for the erection e.nd mnin·t e nance of information·
al signs on tho project for direction of traffic, such signs to be of design and
location to conform to standard practices of the State.
DIVISION OF MAINTENANCE RESPONSIBILITIES .
i·"
This general maintenance p r9vision is supplemented, or in case of conflict is
superseded in respect to the point in conflict only, by tho srecifio maint enanc e
responsibilities as delineated in other provisions of this agreement.
The Stcte will maintain the roadway pavement and its support the full l ength
of the ~roject, curb nnd gutter, median curbs, and the storm sowers and appurte
nances thereto that nre constructed by tho Stute.
Tho Stnte will maintain the area between right-of-way 1 ines on rural type
sections, except where this rural type section is e.ftorwnrds converted to a street
type section by the construction of' curb and gutters e.nd widening of pavement~ in
which onse the maintennnoo responsibility of the Ste.te will be only between the
curbs, e.nd the art;n between the back of ourb nnd property line will become the re
sponsib ility of the City.
The City v.rill maintain the r.rce. botvrecn th~ bnck of curb nnd property 1 inc on
street typo sections including all sidewalks, drivcways 1 and other facilities with
in this aren, excopt storm ~ewers and apourtcnanoc thereto that e.ro constru cte d by
tho Stote.
Tho City will mnintai n all stroet li~hts, traffic lights, and signal devices,
nnd '"ill s·weep, flush o.nd othcrvri-se keep the ~rojcct in n olce.n and sanit e ry condi
tion.
Maintone.noc work by the State ~hall be porf'ormod only as long as the project
is the route of (\ Stl:.tc higln··ay, and it is understood and a e r on d between tho Partie
hereto thr.t all obligations of the State and the City as cre~t c d herein shall ter
minnto if. !lnd wncn the projo.ct is no l .ongcr the route of a St c to highvre.y.
INDEMNIFICATION
· The City o.greos to ·indemnify the Sto.te o.r;ainst any e.nd all damc.gos and olo.ims
for dnmngos to c.djoining, a_butting or other property for wh ich the St r.te i s or may
be liable arising out of, incident to. or in uny vro.y connected wit h tho installation
the oonstruction,.the existence , the usc and/or maintenance of such project and doe
hereby agree to indemnify the State agninst e.ny ahcJ nU court costs, attorn0ys 1 fee .
end all expenses in connection with suits for such damage and shall, if requ es ted
-l;o do so in v1riting, assist ·or relieve tho S.tc.t o from defending any such su i ts
brought against it. ·
·Nothing in this r.g re cment shall be construe d to place· any liability on the
City for personal injuri es arising out o ~ the construction of such ~rojcct.
Nothing herein contained shall be. c.onstruod to nlace upon the Stnto any mnnn<r
of liability for injury to or doath of persons or for dnmagc to or loss . of property
-~ising out of or in nny manner connected with the maint~no.nco or usc of tho
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project, und the City 1·rill save tho St f'.te hnrmloss from any de.me.gcs arising from
so.id maintenance e.nd/ or usc of so.id nroject.
It is further understood and r.greod between the ne.rties hereto that tho im
provement r.nd/or mo.intenanoo of the ryrojoct by tho St~tto ic for the sole purpose of
~roviding the tro.vellin~ public a more ado~~atc travel facility and shall never bo
tho basis of &ny olo.im for Stcte o.ssumption, or n:<rticipo.tion in the payment , of
nny of the obligo.tions of the City incurred i.n tho imnrovoment, oe.st or nrosent, of
cny street project.
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IN r :ITNESS WHEREOF, the pe.rties hc.ve hereunto affixed their signatures, the
City of --•LI.Ioln~.o~ohu.h~o ....... c .... k.._...__ __ on the 5«a day of_M_a_y::..-· ------
Stcte on the dny of ----------------------~ 19 • ___,..
ATTESTs CITY OF ----------------
;e:~···--u:~;
Ti 1 e ~.e:J
APPROVED: THE STATE OF TEY~
BY
Cne.irman, St ,.,tc Hi e;ln'•a.y Commission
Hf:mb o r, St > te Hie;hvrc.y Commission APPROVAL RBCO~~fENDED:
Member , St nte Hi[hny Commission District En~incor
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