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HomeMy WebLinkAboutOrdinance - 1386-1953 - Providing For The Construction And Maintenance Of Portion Of Hwy 290 - 05/14/1953\_) ~£{, 05-14-\.953 MUNICIPAL CRDINANCE NO. 1386 ( (Construction and Maintenance) ~ ~ 'tltt AN ORDINANCE PROVIDING FOR THE OONSTRUCTION AND MAINTENANCE OF THE PORTION OF 1 ,/ HID:HWAY NO. ST. 290 (NINETEENTH STREET) :m TilE CITY OF LUBBOCK, BE'IWEEN THE FOLLOW::.. ~~ ING LDHTS, TO-WIT: INTERSECTION OF U.S. H\'IY. 62 & \VEST CITY LnUTS, HEREINAFTER ~ REFERRED TO AS "THE PROJECT" AND AUTHORIZ:rnG THE l>iAYOR OF THE CITY TO EXECUTE AND , THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SA!•iE, A CERTAIN CON- TRACT BETWEEN T'rlE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CONSTRUCTION, MAIN- TENANCE, EXISTENCE AND USE OF SAID PROJECT AND DETERMINING THE LIABTI.ITIES AND RES- POifSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO; AND DECLAR- ( ~ ING AN EMERGENCY AND PROVIDING THAT THE ORDDlANCE SHALL BE EFFECTIVE FROM AND AFTER J.r J'C'~}TS PASSAGE. . ~~ WHEREAS, the public convenience, safety and necessity of the City, and the people ~ of the City, require that the portion of Highway No. St. 290 from the intersection ~--of U.S. Highw~ 62 to the West City Limits be constructed, since the existing con- ~ dition constitutes a serious inconvenience to the public, which it ia urgently re- ~f;/-qui.red to be remedied; and ~ WHEREAS, the City has requested the State of Texas to contribute financially in ~ the project; and ;;w- J.'].. '"2- rf'J-:J. 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 providing the City approves the plans for said project. NOv THEREF<RE, BE IT ORDAINED BY 'nlE CITY COUNCIL: ~ ~ SECTION 1. That since the public convenience, safety and necessity of the City ~ and the people of the City require it, said project shall be constructed. ~7 SECTION 2. That the State of Texas be and is hereby authorized to enter upon, ~;e. construct and maintain the project at the location and in the manner shown on the ·plan attached hereto, marked 11Exhibit 11A11, and made a part hereof in all respects. 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 ac- cordance with and for the purpose of carr,ying out the terms and provisions of this ordinance, in the form attached hereto and marked 11Exhibit B11 • The Mayor of the City is further authorized to approve and sign the detailed plans for construction of the project or any section thereof when and as such plans are completed and prior to award of construction contract by the State. The City Secretary is hereby directed to attest the agreement and contact and to affix the proper seal of the City hereto. SECTION 4· The fact that there is an imperative necessity that the work pro- vided for in said contract be begun and carried out prompt~, and that such contract should according~ be forthwith executed, creates a public emergenc.r requiring that this ordinance be passed final~ on the date of its introduction, and the Mayor hav- ing in writing declared the existence of such emergency and requested such passage, this ordinance shall be passed finally on the date of its introduction, this 14th -1- d~ of May, A.D. 1953, and shall take effect immediate~ upon its passage and approval by the Mayor. AND IT IS SO ORDERED. Passed b,y unanimous vote of the City Commission this the 14th day of May, 1953. STATE OF TEXAS COUNTY OF LUBBOCK I, La. venia Lowe city secretary of the City of the foregoing pages constitute a by the City Council at a meeting 10:00 o 1 clock A.. M. , the d~ appointed, qualified and acting Lubbock , Texas, hereby certify that true and correct copy of an ordinance d~ passed held on May 14 , A.D., 1922.._, at To certify which, witness 11\Y hand and seal of the City of Lubbock , Texas, Texas. this due 14 day of May , l9.,.2L, at Lubbock Lubbock Texas OKvew -2- MUNICIPAL CONSTRUCTION A.TI.fD MAINTeNANCE AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF TRAVIS § This agreement made this day of , 195 __ , by and between The State of Texas' hereinafter referred to as the 11State11, party of the first part' am the City of Lubbock, Lubbock County, Texas, acting by ~d through its duJ.Jr authorized officers under an ordinance passed the 14th day of ay , 19~, herein- after called the "City", party of the second part. WITNESSETH WHEREAS, the City has requested the State to contribute financial aid in the improvement and maintenance of Nineteenth Str eet >>'ithi n such City, from inter s "!ction with U.S. Highway 62 to West City Limits, the r oute of Highway No. State 290 and hereinafter called the 11Project", and has by proper ordinance authorized the St:..te to enter upon and improve and maintaL~ or assist the City in the improvement and HJ.aintenance of said project; and WHEREAS, the St;>.te Higln-ray Engineer, acting for and in behalf of the State Hiwh- '~Y Commission, has made it known to t he City that the State will assist the City in the improvement and .naintenance of said project, conditioned that the City , as con- templated by Senate Bill 415, Acts 46th Legislature, Regular Session, will enter in- to agreements with the State for the purpose of determining the l iabilities and res- ponsibilities of the parties with reference thereto. AGREEM ENT N~ THEREFORE, in consideration of the premises and of the mutual covenants and agre~nents of the parties hereto to be by them respectively kept and performed as here- inafter set forth, it is agreed as follows: Project Authorization It is understood and agreed between the parties hereto that the City by virtue o£ the provisions of its charter and the laws of the State of Texas has exclusive control of a.n.d j~1risdiction over all streets a.nd f>ublic ways within the incorporated limits of such City, and that the City has r equested and consented to the construction J,nd waintenance of the proje ct and the State in the construction and maintenance of such project does so at the special instance and request of t he City. The City, in con- sid0ration of the r~tual convenants herein contained, does hereby agree to and does hereby authorize the St~te to improve or assist in the improvement of said project at the l ocation and in the wanner shown on the plan approved by both parties and attached hereto, marked "Exhibit A11, and made a part hereof in all respects. The City wil l provide without cost to the State a right of way for the project --tree of all obstructions and encroachments, and of a 1cidth sufficient to provide properly for the improve1 _ents shown on the plans, and will not in th' future permit -1- encroachments on said right of way. Existing Utilities The City will provide for the installation, removal or other necessar.y adjust- ment of any and all utilities and services, whether publicly or privately o\med, 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 provision, and if such delay results in additional expense to the State, such expense lv.ill be th~ direct charge and obligation of the City. Engineering 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 betterment 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 City1s approval of the construction ~lans for each increment or the unit prior to award of contract. Division of Construction Responsibilities The City and the State will provide for the following items of construction for which each assumes financial responsibility. Assumed py The Cit~ Construction of all Curb and Gutter. Assumed By the State The construction items of grading, roadway pavement and its support, and drain- age structures. Replacement of existing sidewalks, and driveways located within the construc- tion limits of the project. Traffic Control 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 Highway Engineer after traffic and engine~ring surveys have been made. The City agrees that it will not install or J.'Aintain or permit the ihstallation or Htaintenance of aey type of traffic control device which will affect or influence the utility of the project without having obtain- ed in v~iting 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 terms of this agreement, and the City agrees to the removal of such devices unless their continued use in place is approved 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 resp9nsitiiities for installation and maintenance. -2- 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 additi onal traffic striping it ~ desire subject to the a .proval of the State. Street Light ing System The City agrees to install and maintain any street lighting system desired by the City and to pay for all electric energy as may be required for its operation. The street lighting system installation will be subject to the approval of the State. Future Utilities The City will secure or cause to be secured a permit f~om the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under the project or entering the project right of ~· It is further agreed that the City will comp~ or require compliance by others with the specifications for back- filling, replacing pavements, and other features of construction as stipulated in the permit. In event the City or others fail to perform all work in accordance with the requirements of the specifications in the permit, the City agrees to pay to the State promptly the cost of n~king correction of any deficiencies in the original work. The City will not remove or permit the removal of any concrete curb and gutter or ~ facility constructed by the State \~thout a written permit from the State. On cor1crete curb and gutter constructed Qy the City, the length and location of all driveways (curb laid back) shall receive approval of the State prior to construction. Traffic Regulations and Safety Provisions The City agrees to pass and enforce an ordinance restricting parking to parallel parking only, and will prohibit parking on all parts of the project for the purpose of loading and unloading in any manner that will obstruct any traffic lanes or inter- fere with the free movement of traffic on all moving lanes at any time. The City agreds that other traffic regulations will be established and speed limits fixed by agreement with the State as represented by the State Highw~ Engineer after traffic and engineering surveys have been conducted. The City agrees to prohibit the planting of trees or shrubber,y or the creation or constrhction of any other obstruction within the right of way without prior agree- ment with the State. J The City agrees to prohibit the movement of loads over the project and other State maintained streets which exceed the le8al limits for designated State highways 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. Division of Maintenance Responsibilities This general maintenance provision is sup)lemented, or in case of conflict is super- seded in respect to the point in conflict on~, b,y the specific maintenance responsi- bilities as delineatea in other provisions of this agreement. -3- The State will maintain the r oadway pavement and its support the full length of the project, and all drainage structures. The State will maintain the area between right-of-way 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 which case the maintenance responsibility of the State will be only the area between the inside edges of the gutters. The City will maintain the curb and gutter and the area between the back of curb and property line on street type sections including all sidewalks, driveways, and other facilities within this area. The City will maintain all street lights, traffic lights, and signal devices, and will sweep, flush and otherwise keep the project in a clean and sanitary condition. Maintenance work qy the State shall be performed on~ 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 termin- ate if and when the project is no longer the route of a State highway. Indemnification The City agrees to indemnify the 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~ connected with the installation, the construction, the existence, the use and/or maintenance of such project and does here- by agree to indemnify the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damage and shall, if requested to do so in writing, assist or relieve the State from defending aQY such suits brought against it. Nothing in this agreement shall be construed to place any liability on tho 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 inju~ to or death of persons or for d~nage to or loss of property arising out of or in any manner connected with the maintenance or use of the project, and the City will save the State harmless from any damages arising from said mainten- ance 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 provid- ing the travelling public a fuo re adequate travel facility and shall never be the basis of any claim f~r State assumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. IN WITNESS WHEREOF, t:lfe parlies have her.eunto a.ffi.Xedi t'h.ell signatures, the City of Lubbock on the 14 day of May , 19.21._ and the Highway Department on the day of , 19_. -4- ATTEST: THE STATE OF TE.XAS Certified as being executed for the purpose and effect of activati ng and/or car~ing out the orders, established poli- cies, or work programs heretofore approved and authorized by the State Highway Commis- sion: BY ----~~~~~----~~~~--------Chi ef Engineer of Planning APPROVAL RECOMMENDED: District 3ngineer Engi neer Road Design Engineer, Land Servi ce Roads -5-