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.INTENANCE1 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 REFERENCE 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 City Limits via 19th Street
be constructed, sinco the existing 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~Provc s the plans for se.id pr oject.
lWW THEREFORE1 BE IT ORDi~INED BY THE CITY COID,JCIL:
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 respects •
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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 affix 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 emergency and requested such passa ~c, 3 this ordino.noe shall be pa 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 meeting 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.XE\S -------------------------
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MUNICIPAL CONSTRUCTIOl~ MID YAI NTENANCE AG:nEEIIE:NT
STfi_TE OF TEXi..S 0
COUNTY OF TRAVIS ()
This agreement made this _________ day of __________________ , 19 ___ , by and
between The State of Texas, hereinafter 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 offioers under an ordinance/passed
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 mai ntenance of ~-St... Street within such City, ------~------~----------
f rom %.-. .A..... to ------~------~~----------------------------~---~~Q~"~'-~-'~-'-·----------·
the route of Hi ~hway No. '0'. 1. U and hereinafter cal led the "Project", and
has by nroper ordinance authorized the State to e nter uoon snd i~prova end maint ain
or assi~t the City i n the imnrovement and maintenance of said ~reject ; and
i":EEREI..S, the State IIir::hway Engineer, c:oting 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 Cit y i n
the improvement and maintenance of so.id nroject, conditioned that the City, n.s c0n-
tennlated by Senate Bill 4151 Acts 46th Legislature1 Re3ule.r Session, ·will enter
into agreements with the State for the nur~ose of determini ng t~e liabilities and
responsibiliti 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
agreements of the parties hereto to he by them resT)ectively ko':>t and ')erformed as
hereinafter set forth, it is agreed as follows:
Project Authorization
It is understood nnd q;roed 'between the parties hereto that the City by virtue
of the provisions of its charter and t he la"'s of the State of Texas has exclusive
control of ~nd jurisdiction over all streets and nublic '~ys wi thin t he incorporated
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 constructi on and maint~
nance of such pr oject 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 approved 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 plens1 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 approva l of the oonstruo-
tion plans for eac~ i ncrement or the unit pri or to av~rd of contract.
DIVISION OF CON&TRUCT ION iillSPONSIBlLITIES
T·he City and :the St~te will !lrovide for t he followinc; items of construction
for whioh each assumes 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 made. 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 agreement, and
the City agrees to the removal. of suoh device 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 agreement outlining the responsibilities for installat ion and maintenance.
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 ine 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 lightinb 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 system 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 pe rmit from the Btc.tc be fore any
utility installation, repair, removal or adjustment is undertaken, crossinc over or
under the project or entering the project ri!;ht-of-we.y. It is further ag:roed that
tho City >'fill comply or require oomplianoc by others with the spocificd ions for
backfilling, replacing ,avements, and other features of construction as stipulated
in the permit. In event the City or others f F<il to nerform all work in e.ccordanco
with tho requirements of the 'speoii'icntions in the !Jermit, 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 emoval 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 onforce 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 repre sented 'by the Stc.te High-
wr.y Engineer nfter traffic and engineering surveys hnve b een conduc-cou.
The City o.grees to prohibit the pltmting of treos or shrubbe ry or tho creation
c.r construction of any other obstruction within tho rie;ht .. of-vray without prior
'1!''.,.e Jment vrith the State.
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The City F>,grees to prohibit the movement of loads over the project and other
Stnte maintained streets which exceod the legul limits for desig-'1nted Stv.te high-
ways for either weight, length, height or width except those having proper permits
from tho Stnte for such movement.
Tho State ''rill be responsible for the erection e.nd mnin·tenance 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 pr9vision is supplemented, or in case of conflict is
superseded in respect to the point in conflict only, by tho srecifio maintenance
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-
sponsibility 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, drivcways1 and other facilities with-
in this aren, excopt storm ~ewers and apourtcnanoc thereto that e.ro constructed by
tho Stote.
Tho City will mnintain 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 sanitery 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 erond between tho Partie
hereto thr.t all obligations of the State and the City as cre~tcd herein shall ter-
minnto if. !lnd wncn the projo.ct is no l .ongcr the route of a Stc 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 which the Str.te i s or may
be liable arising out of, incident to. or in uny vro.y connected with 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 requested
-l;o do so in v1riting, assist ·or relieve tho S.tc.t o from defending any such sui ts
brought against it. ·
·Nothing in this r.grecment shall be construed to place· any liability on the
City for personal injuries 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 Stf'.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 Hie;ln'•a.y Commission
Hf:mbor, St> te Hie;hvrc.y Commission APPROVAL RBCO~~fENDED:
Member, Stnte Hi[hny Commission District En~incor
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