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HomeMy WebLinkAboutOrdinance - 1337-1953 - Providing For The Construction And Maintenance Of A Portion Of HWY 82 - 02/11/1953c oz.-t -L9 ~ MUNICIPAL ORDINANCE NO. 13!37. ) (Construction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND ~aiNTENANCE OF A PORTION OF U. S. HIGID'/AY 82 IN THE CITY OF LUBBOCK BE'IWEBN THE FOLLOWING LIMITS TO-WITt Beginning at the intersection of State High~my No. 290 and U. s. Highw~ No. 62, thence Northeasterly via a new location lying Southeaster~ of and parallel to the Seagraves branch of the P. & s. F. Ry. to an inter- section with Fourth Street in such City, thence via said Fourth Street to Avenue Q. AS A STRE!!r'T (OF WHICH THAT PART BETwEEN THE BOOINNlNG AS HEREINBEFORE DESCRIBED AND THE INTERSECTION OF FOURTH STREET AND COLLEGE AVENUE SHALL BE A FREErlAY.) HEREINAFTER REFERRED TO AS "THE PROJECT" AND AUTHORIZOO THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX TH£ CORPORATE SEAL AND ATTEST 'I'HE SAME, A CERTAIN CONTRACT BET'WEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CONSTRUCTION, MAINTENANCE, EiCISTENCE AND USE OF SAID PROJECT AS A FREEWAY ON THAT PARr HEREINBEFORE DESIGNATED AND DETERMINING THE LIABILITIES AND RESPON- SIBILI'fiES OF TH& CITY AND THE STATE OF TEXAS WITH REFERENCE ~TO; AND DECLAR- ING AN EMERGENCY AND PROVIDING 'l'HAT THE ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER rrs PASSAGE. w1iEREAS, the public convenience, safety and necessity of the City, and the people of the City, require that the portion of the U. S. Highway No. 82 from the intersection of State Highway No. 290 and U. S. Highway No. 62, to the intersection of Fourth Street and Avenue Q be constructed, since the existing condition constitutes a serious inconvenience to the public, which it is urgently required to be remedied; and WHEREAS, the City has requested the State of Texas to contribute financial- ly in the project; and WHEREAS, the State of Texas has made it known to the City that the State will assist the City in the improvement and maintenance of said project as a street of which a part has been designated as a Freeway, hereinbefore described providing the City approves the plans for said project. NOW THEREFORE, BE IT ORDAINED BY THE CI1'Y COMMISSION OF THE CITY OF LUBBOCK:' SECTION 1. That since the public convenience, safety and necessity of the ity and the people of the City require it, said project shall be constructed as ~ street of which that part between the begi nning of the project and the intersec- t ion of Fourth Street and College Avenue is hereby designated as a Freew~. A Free- is defined by House Bill No. 771, Acts Fifty-First Legislature, Regular Session. SECTION 2. That the State of Texas be and is hereby authorized to enter on, construct and maintain the project at the location and in the manner shown n the plan attached hereto, marked "Exhibit A", and made a. part hereof in all re- pects. SECTION 3. The Mayor of the City be and is hereby authorized to execute for and on behalf of the City an agreement and contract with the State of Texas in accordance with and for the purpose of carrying out the terms and provisions of this ordinance, in the form attached hereto and marked ttExhibit B". The Mayor of the City is further authorized to approve and sign the detailed plans for construc- tion of the project or any section ther~of ~en and as such plans are completed and prior to award of constructio~b~0~~aState. The City Secretary is hereb,y, . .' ~. o . • directed to attest the agreement and contract and to affix the proper seal of the City hereto. SECTION 4. The fact that there is an imperative necessity that the work provided for in said contract be begun and carried out promptly, and that such contract should accordingly be forthwith executed, creates a public emergenc,y requiring that this ordinance be passed finally on the date of this introduction, and the Mayor having in writing declared the existence of such emergency and re- quested such passage, this ordinance shall be passed fina~ on the date of its introduction, tbis February ll, A.D. 1953, and shall take effect immediately . upon its passage and approval b,y the Mayor. AND IT IS SO ORDERED. On motion of Commissioner Carpenter, seconded b,y Comnussioner Davis, the foregoing Ordinance was passed on this the 11th day of February, 1953 b,y the following vote: Commissioner. a voting "YEA11 : Morris, Carpenter and Davis and Mayor Tripp. Commissioners voting 11NAY11 : None ATTEST: •• ........ "State Highway -contract for canst. 4th S~ f\tl other copies ~xecuted by the Mayor an~ ~eturned to City ffiL~eer 2-21-53 to retu:Tn to Highway Dep(t). 0 1,._ STATE OF-TEXAS '[/ f"ltl}q;4i Permanent file l across Tech Campus to inlersection of 19th St. and P & S F Ry.(Seagraves Branch) .(> , We;st cd' LU:>bock. n _ MUNICIPAL OONSTRUCTION AND MAINTENANCE AGREEMENT r:: COUNTY OF TRAVIS () trt~~ .. r ~Lf- This agreement made this -~-day of ____ ;....:.. ____ , 19_, by and be- ? tween The State of Texas, hereinafter referred to as the 11Statett, party of the first y-'f--,:,\ part, and the City of Lubbock , Lubbock ·'-' 1-el~ County Texas, acting by and through t ~. its duly authorized officers under an ordinance passed the 11 day of FebruaEY , 19 53 , hereinafter called the 11City11, party of the second part. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the improvement and maintenance of a street beginning at the intersection of State High- way 290 and u. S. Highway No. 62, thence Northeasterly via a new location lying South- easter~ of and parallel to the Seagraves branch of the P. & s. F. ~., to inter- section with Fourth Street in ~uch City, thence via Fourth Street to Avenue Q, the route of u. s. Highway 82, and hereinafter called the 11Project11 and has by proper ordinance authorized the State to enter upon and improve and maintain or assist the City in the improvement and maintenance of said project as a Street of which that part from the beginning of the project to the College Avenue and Fourth Street intersection has been designated as a Freeway; and WHEREAS, the State Highway Engineer, acting for and in behalf of the State High- way Commission, has made it known to the City that the State will assist the City in the improvement and maintenance of said project, 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 purpose of determining the liabilities and responsibilities of the parties with reference thereto. AGREEMENT NOW THEREFORE, in consideration of the premises and of 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; It is Understood that the portion of this project designated as a 11Freewayn shall be constructed as a street to consist of a 11Freewa.y11 as defined by House Bill No. 771, Acts Fifty-First Legislature, Regular Session, supplemented by "Frontage Street" as mutually agreed to by the City and the State. The term 11Project11 as used in this agreement and hereinabove described as to termini, shall include grading, pavement, curbs and gutters, sidewalks, bridges, grade separation structurea, culverts, storm sewers, outfall channels as well as other usual appurtenances common to a normal street project. The term 11Freewayn, denotes that portion of the project consisting of the inner pavement lanes designed to serve through traffic. The term "Frontage Streetsn denotes the outer streets, auxiliar,r to the Freeway, designed to serve abutting property and adjacent areas. · -1- r;.-l t ' . Project Authorization It is understood and agreed between the parties hereto that the City by virtue or the provisions of ita charter and the laws of the State of Texas has exclusive control of and jurisdiction over all streets and public ways within the incorporated limits of such City, and that the City has requested and consented to the construc- tion and maintenance of the project and the State in the construction and maintenance of such project does ao at the special instance and request of the City. The City, in consideration of the mutual covenants herein contained, does hereby agree to and does hereby authorize the State to improve or assist in the improvement of said pro- ject at the location and in the manner shown on the plan approved by both parties and attached hereto, marked 11Exhibit A11 , and made part hereof in all respects. RIGHT Q! WAY The City will provide without cost to the State a right of w~ for the project free of all obstructions and encroachments, and of a width sufficient to provide proper~ for the improvements shown on the plans, and will not in the future permit encroach- ments on said right of way. EXISTING UTILITIES The City will provide for the installation, removal or other necessary adjust- ment of aey and all utilities and services, whether publicly or privately owned, as ~ be necessar,y to permit the proper improvement, maintenance and use of said pro- ject. Existing utilities shall be adjusted in respect to location and type of in- stallation in accordance with requirements of the State. If, upon receipt of written request by the State, the City does not promptly carry out this prov;sion, and if such delay results in additional expense to the State, such expense will be the direct charge and obligation of the City. ENGINEFJRING SERVICES The State will prepare or provide for the construction plans, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction, reconstruction or bette~ent work as required by said plans. As the project is developed to the construction stage, either as a unit or in increments, the State will secure the City's approval of the construc- tion plans for each increment or the unit prior to award of contract. DIYISION OF CONSTRUCTION RESPONSIBILITIES The City and the State will provide for the following items of construction for which each assumes financial responsibility. Assumed !?z the City: Construction of the Railroad overpass at left of Station 50 ~ 00. Construction of grading, concrete pavement, curb and gutter, asphalt pavement and its support in the driveway under overpass at Station 50 ~ 00 and shall provide storm sewer inlet and pumpfung facilities for dewatering this driveway. A proportional part of the construction of Storm Sewers and appurtenances thereto, these proportions being as foll ows: -2- Sewer System West of College Avenue and Inlet and Leads at S. E. Corner of College Avenue and Fourth Street • From Avenue R to Avenue Q and Inlets and Leads immediately West of Avenue R Proportion . . . . . . . . . . . . 44% . . . . . . . . . . . . 50% Construction of all concrete curb and gutter, median curb, sidewalks and drivewa,ys not hereinafter assumed by the State. Payment direct to the contractor of insurance premiums for all insurance requirements by the P. & S. F. Ry. Co. while worki lhs being performed on railroad right of way. All costs involved in the moving of the railroad spur from its present location at or near Station 91 to its new location at Station 74 f 36.5, and installation of a concrete railroad crossing and drainage structures under the track. Assumed }?z. ~ State: The construction items of grading, roadway pavement and its support, initial placement of concrete curb and gutter and median curb, overpass structure at Station 50 ~ 00, cross drainage structures, and that proportional part of the storm sewers and appurtenances thereto not assumed by the City as hereinbefore defined. Replacement o£ existing sidewalks and driveways located within the construction limits of the project TRAFFIC QONl':Q.OL DEVICES The City agrees that traffic control devices, such as stop and slow signs, traffic signal lights, parking meters and other types of devices for traffic con- trol in respect to type of device, points of installation, and necessity will be fixed by agreement with the State as represented by the State HighliaY Engineer after traffic and engineering surveys have been made. The City agrees that it will not install or maintain .or permit the installation or maintenance of any type of traffic control device which will affect or influence the utility of the project without having obtained in writing the prior approval of the State. Traffic control devices installed prior to the date of this agreement and which will affect or influence the utility of the project are hereby made subject to the ter.ms of this agreement, and the City agreea to the removal of such devices unless their continued use in place is approved in writing b,y the State. It is understood that future traffic signal lights installed as a joint project between the City and State will be the subject cf a separate agreement outlining the responsibilities for installation and maintenance. PAVEMENT STRIPING The State agrees to construct and maintain all longitudinal center line and non-passing barrier stripes. The City agrees to construct and maintain any additional traffic striping it m~ desire subject to the approval of the State. STREET LIGHTING SYSTEM The City agrees to install and maintain any street lighting system desired b.r the City and to pay for all electric energy as may be required ~or its operation. The street lighting system installation will be subject to the approval of the State. -3- .. .. • . ~ FUTURE UTILITIES The City will secure or cause to be secured a permit from the State before ~ utility installation, repair, removal or adjustment is undent~ken, crossing over or under the project or entering the project right-of-way. It is further agreed that the City will comply or require compliance b,y others with the specifications for backfilling, replacing pavements, and other features of construction as stipulated in the permit. In event the City or othersfail to perform all work in accordance , with the requirements of the specifications in the permit, the City agrees to p~ to the State promptly the cost foz: making correction of a.ny deficiencies in the original work. The City will not remove or permit the removal of any concrete curb and gutter or any facility constructed by the State without a written permit from the State. On concrete curb and gutter constructed by the City, the length and location of all driveways (curb laid back) shall receive approval of the State prior to construc- tion. TRAFFIC REGULATIONS AND SAFETY P~~IONS The City agrees to prohibit parking on all sections of the project hereinbefore designated as a 11FreeW"a\Y11 and to restrict all parking to parallel parking, only, on the other sections of the project, and to restrict parking to parallel parking and only on one side of the Frontage Street. The City agrees to prohibit parking on all parts of the project for the purpose of loading or unloading in any manner that will obstruct traffic lanes or interfere with the free movement of traffic on all moving lanes at aqy time. The City agrees to prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right-of-way without prior agreement with the State. The City agrees to prohibit the movement of loads over the project and other State maintained streets which exceed the legal limits for designated State high- ways for either weight, length, height or width except those having proper permits from the State for such movement. The State will be responsible for the erection and maintenance of informational signs on the project for direction of traffic, such signs to be of design and location to conform to standard practices of the State. DffiSION OF MAINTENANCE RESPONSIBILITIES The general ma~tenance provision is supplemented, or in case of conflict is superseded in respect to the point in conflict only, by the specific maintenance responsibilities as delineated in other provisions of this agreement. The State will maintain the roadway pavement and its support the full length of the project, curb and gutter, and median curb constructed by the State, drainage structures, overpass structure at Station 50f00, and the storm sewers and appurtenances thereto that are constructed or partially constructed by the State. The State will maintain the area between right-of-~ lines on rural type sections, except where this rural type section is afterwards converted to a street type section by the construction of curb and gutters and widening of pavement, in -4- t .. which case the maintenance responsibility of the State will be only between the curbs, and the area between the back of curb and property line will become the re- sponsibility of the City. The City will maintain the area between the back of curb and property line on street type sections including all sidewalks, driveways, and other facilities with- in this area, except storm sewers and appurtenance thereto that are constructed b.1 the State. The City will maintain the driveway under the highway and railroad overpasses at Station 50 f. 00, including the pavement and support, the curb and gutter, inlet'm, railorad overpass structure and will assume all responsibility for the maintenance and operation of the drainage pumps provided for the dewatering this driveway. Maintenance work by the State shall be performed only as long as the project is the route of a State highway, and it is understood and agreed between the Parties hereto that all obligations of the State and the City as created herein shall ter- minate if and when the project is no longer the route of a State high~. FUTURE STREET CROSSOO§ It is understood and agreed between the parties hereto that the City will refrain on its part and will prohibit any other third party from carrying any present or future street across or into that part of this project hereinbefore designated as a Freeway at grade except as may be shown on the sketch attached hereto and marked "Exhibit A11 • This provision shall not prevent the City from constructing such underpasses or overpasses in the future as may be necessary to relieve traffic when plans and specifications have been approved by the State. The City agrees to indemnify t~e State against any and all damages and claims for damages to adjoining, abutting or other property for which the State is or may be liable arising out of, incident to or in any way connected with the installation, the construction, the existence, the use and/or maintenance of such project and does hereb,y agree to indemnif.y the State against a~ and all court costs, attorneys' fees and all expenses in connection with suits for such damaae and shall, if requested to do so in writing, aasist or relieve the State from defending any such suits brought against it. Nothing in this agreement shall be construed to place any liability on the City for personal injuries arising out of the construction of such project. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons or for damage to or loss of property arising out of or in any manner connected with the maintenance or use of the pro- ject, and the City will save the State harmless fram any damages arising from said maintenance and/or use of said project. It is further understood and agreed between the parties hereto that the improve- ment and/or maintenance of the project by the State is for the sole purpose of pro- viding the travelling public a 1nore adequate travel facility and shall never be the basis of aQY claim for State assumption, or participation in the payment, or any of the obligations of the City incurred in the improvement, past or present, of any street project. -5- "' . .. -. \: ',. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, -the City of _ .... L ... u=b ..... b"""oc;:..;.k.;;.__ on the 11 day of __ ..... F ... eb.-r~ua ......... rz ______ , 19 53 , and the State on the ----day of ---~~---' 195 __ , ATTEST: Secretary-Treasurer RECOMMENDED FOR APPROVAL: ) ~~~=-~------------> District Engineer ) ) ) ) ) CITY OF LUBBOCK Title .• Murrell R. Tripp, Mazor THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Hignway Commission: BY----~~~~--~~~-----------State Highway Engineer r·~~ \_/ Engineer Road Design =-~--~~~----------·) ) )