HomeMy WebLinkAboutOrdinance - 1597-1954 - Ordinance Providing For The Construction And Maintenance Of Portion Of F.M. HWY - 08/26/1954ll2.a-.o
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MUNICIPAL ORDINANCENo. 1597
(Construction, Reconstruction and Maintenance)
Form 1002
AN ORDINANCE PROVIDING FOR THE· CONSTRUCTION AND MAINTENANCE OF THE
PORTION OF F .M. HIGHWAY NO. 1264 . IN THE CITY OF _ __..L;;.;::u;.;:;b~bo~o~k=-----------
--------------------------------------------------------~--------------' HEREINABOVE REFERRED TO AS "THE STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE
CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATl'EST 'l'BE
SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE
INSTALLATION·, CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET
PROJECT; FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY TBE CITY, .AGAINST AIL
DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION
WITH J.JfY CLAIM OR SUIT THEREOF: AND DECLARING AN EMERGENCY AND PROVIDING THAT 'miS
ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the public convenience, safety and necessity of the city, and the
people of the city require that the portion of Collei§ Ayeijue tram Etskine
Street to the north City Limit
be _____ constructed. Since the existing street constitutes a danger and serious in-
convenience to the public, it is urgently required to be remedied: and
WHEREAS, the city has requested the State of Texas to contribute financial-
ly in the street proj ect; and
WHEREAS, the State of Texas has made it known to the city that it will
assist the city in the street project by furnishing the necessary funds for actual
construction, reconstruction and maintenance; and by supervising construction, pro-
viding the city approves the plans, grades and alignment for said project; and
WHEREAS, the city, in consideration of the providing of said project,
agrees to indemnify the State of Texas against all damages or claims for damage to
adjoining, abutting or other property for which the State is liable, arising out
of, incident to, and in any way connected with the installation, the ____ construc·
tion, the existence, the use and maintenance of the street project or the passage
and enforcement of this ·ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL:
SECTION 1. That since the public convenience, safety and necessity ot the
city and the people of the city require it, said street shall be constructed.
SECTION 2. That the State ot Texas be and is hereby authorized to enter
upon_construct and maintain the street project at the location and in the manner
shown on the plans, attached hereto and marked 11Exh1bit A11 and made a part hereof'
in all respects.
SECTION 3. That nothing in this ordinance shall be construed to obligate
the State of Te:xas to pay any direct, incidental, or consequential damages to
adjoining, abutting or other property in enforcement of this ordinance or by
reason af the install.ation,_.construction, existence, use and maintenance of
the street project authorized herein.
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·.~ '''\ ."" Form 1002
SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city does hereby agree to indemnify the State of Texas against all
damages and claims for damages to adjoining, abutting, or other property for which
the State of Texas is liable, arising out of, incident to, or in any way connected
with the installation, the construction, existence, use and maintenance of said
street project and does hereby agree to indemnify the State of Texas against all
court costs, attorneys' fees and all expenses in connection with suits for such
damages, and shall, if requested to do so in writing, assist or relieve the State
of Texas from defending any such suits brought against it.
SECTION 5. Nothing contained herein shall ever be construed to place upon
the State of Texas any manner of liability for injury to or death of persons or for
damages to, or loss of property arising out of or in any manner connected with the
maintenance or use of the street projec·t and the city will save the State of Texas
harmless from any damages arising out of said maintenance and/or use of said street
project.
SECTION 6. 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 ''Exhibit B". The City
Secretary is hereby directed to attest the agreement and contract and to affix the
proper seal of the city hereto.
SECTION 7. The Mayor of the city, having requested in writing that this
ordinance take effect forthwith and there being in fact an emergency and imperative
necessity that the work herein provided for be begun and carried out promptly and
with expedition and that the contract aforesaid shall be immediately made, executed
and delivered to the end that such work herein provided for may be begun and
carried our promptly and with expedition. The readi:r:tg of the ordinance on three
several days is hereby dispensed with and the same shall be in full force and
effect from and after its passage.
AND tf JS SO Ol\DS~Ua)•
OOm-oa ol ~-1' . Thomas t •ecOOdecl by Comm'-• O • ....,.. , . Fowe;et. 11, ,,.,.• We Ottdb•aac• •• patted.-tbl8 tile, 1,,~6!hay
el l u Al'IUO.ts Ill I f 19Mt by t.helollo1d._ vote~
C.oznmS.t~J'S vot.taa ••YEAn: Baker ,Carpenter ,Forrest, Thomas & Mayor Tripp
Gomml.nt01&P• ..U.0S ••NAY'*f None
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MUNICIPAL CONSTRUCTION~ ....,MA ..... IN .... TE.......,NA;;;;.NC;..;.;;..,;o;;.E AGREEMENT .
STA 'IE OF TEXAS ( )
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tj-1~ This agreement made this __ 2_6t_h_ day of _A_u_gu_e_t ____ ., 19 ~ by and
?-tFf_d. between The State of Texas, hereinafter referred to as the "StC}te", party of the
~first part, ~nd the City of J.ubboolt 1 S..bbootr County,
~r-Texas, acting by and through its duly authorized officers under an ordinance passed
? .... ~ \ the 26th day of August 19 ...:.!:., hereinafter called the "City",
~ .J-4 party of the second part.
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WITNESSETH
WHEREAS, the City has requested the State to contribute financial aid in the
improvement and maintenance of __ C ... oU--.•-P .... _Aw__,_uae_.. ..... ____ Street within such City,
from _...;:;Er;::..:::llk::.::1=D8:;,_..;:;S;.;:t1"=-•:.::n~-----to --tb!=_.N ... CX"~tllo:::;o..,;C-=1.:;.9.......,!.-=tm;:;:J::;.::t::..--_____ _.1
the route of Highway No. F,M, 121t and hereinafter called the ttProject tt, 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; and
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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 ip
the improva~ent 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 followst
froJect Authorization
It is understood and agreed between the parties hereto that the City by virtue
of the provisions of its 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 mainte•
nance of such project does so at the special instance and request of the City. The
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City, in consideration of the m~tual covenants herein contained, does hereby agree
to and does hereby authorize the State to improve or assist in the improvement of
said project at the location and in the manner shown on the plan approved by both
partjes and attached her.eto, mar.'<:ed ''Exhibit Affr and marJe a part. herecf in n.l.l
respects.
RIGHT OF WAY
The City will provide without cost to the State a right of way for the project
free of all obstructions and encroachments, and of a width sufficient to provide
properly for the improvements shown on the plans, and will not in the future permic
e'·Lcroachrnents on said right of way.
EX":STING UTILITIES
The City will provide for the installation, removal or other necessary adjust-
ment of any and all utilities and services, whether publiclY or privately cwncd7 as
m~y be necessary to permit the proper improvement, maintenance and use of said pro-
j~cte Existing utilities shall be adjusted in respect to location and type of in-
st.2llation 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,
.:t':jd if such delay results in additional expense to the State, such expense will be
+he direct charge and obligation of the ~i ty.
J::~'!GINEERING SERVICES
The State will prepare or provide for the construction plans, advt:1rtise for
bids) and let the construction contract, or otherwise provide for the constructicn
~~d will supervise the construction, reconstruction or betterment work as required
r.f said plans. As tho project is developed to the construction stage, either as a
'mit or in increments, the State will secure· the City's approval of the construc-
~i0n plans for each increment or the unit prior to award of contract.
DIVISION OF CONSTRUCTION RESPONSIBILITIES
The City and the State will provide for the folloidng items of construction
for which each assumes financial responsibility.
TM Stat. 'Will ooutruot u.cl/or reoonatzouot Coll•p Ave~.P.M tl"ca Erakw
Street to the north olty limt't lDolu41zag the ••• oour••• 1tll JouD4at101l eu4 the
aaphal t eu.taoe u 8hcniiD OD. the plau.
The City o.g!"ees that tr,~ffi.c control devices., such as stop and slo\'1 signs, \ 1 tru:ffic s igm;l 1 ights, pt..rlr"ing :-r.eters and other tyres of devices for traffic con-
'\...../ trol in resn.oct to tyue of oovice, points of insttllution, and necessity ~·.rill be
fixed by c.grccment v!ith the State as represented by the State High•-.ra;>' Engineer after
'!;raffic e-.nd ongincoring surveys ha.ve been mace. The City agrees that it will not
inst;E,ll or n!:!intt>.in or per!"':lt the installation or maintenance of any type or traffic
co'ltrol device dlich >rill aff€.-ot o-infl'.wnce t!1e utility of the project without
h£-v·irg •)btained in r.ritint: the prior f.pprovd ."Jf the Stateo Traffic C')ntrol devices
u:--oi.r llcd prior to the date of this e.r;reoi'lellt end vrhich will f.l.ffoct or influence the
uti1 it·r of the project are hr-reby nade subject to tho terms of this aGreement, e.nd
tl.o Ci-ty :.grces to the r emovt.l of such devices U..'lless their contirnwd use in place
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5s Lpo~'.:l\'Cd in "."!riting b:· t';o Ste.te. It is und cr.stoot' th.~t futuro traffic signal
: ig,~.ts jnctr.lled as a. joint project by the City c.nc:;. ~tate will be the st~bject of a
~.ep1. t•<.·!-.e t•trreemel."t outlining the r os ><'"~nsibliities for installation o.ud mninteno.nceo
l'he t.tt te c-.g·rc os to co:1.struct end maintain a.ll longitudim.l center 1 ine and
non·pc.:::si: & b~:r:rier strip0e ., The City agrees to construct e.nd m~:ntLin any ac1dition ·
t..l i..r•.:'f).c stripm1.:; it Jnl.·~· c'1.sire subject to the apnrov~.l of' the Stute ..
Tho City e.gr ;s to instl.ll t:tnd "'taintt.in t.tny street ~-i ~1 tin~; ["ystern dodrcd by
+Jhe 0ity end to ps:r f:>r all electric r.•n:.3rgy f:s ...,. :1 be> rec:_~ired fo1· its oneretion$
'lhe street li~·"lc·:r.,; ~'~·stem iJ'l~t~ llotion will bP s •J.=.jn.ct to ~ ... he o.uprov!'.l of the
&t1).i.,e~
I<'UTJb!: UT~LI'T'IES
1'~10 Cit~· Hill SE-tJurr:J or cf~usc to be secured a 1Jermit from the St~te before c..ny
t:ti:it~· i.l.st:.llLtion, repe.ir1 removc.l or c.djustmcnt is undertc..l:en, c1·ossing over or
un~er the project or ento.::..ng the pr'1jec_t right-of-way. It is further agreed that
the Cit~r will conply or require complirnce by othors with the snecificn..tions for
br.ckfill ing, reple.cing pE.1.·oments 1 E.nd other fe!'"tures of construe'!; ion as stipulated
jn the permit. In event the City or others fail to per!'orm a.ll vrork in accordr.nce
Y'i th the requirements of the specifioutions in the perr.1it 1 tho City agroes to pay
to tho St~.te promptly the cost for mv.king correction of ~:.ny defio~encies in the
CJri~int-1 \'ork.
The City Fill not remove or permit the re-:tovr.l of &.ny concrf3te curb and gutter
or any fc,cility constructed by the State without a rritten permit from the St~te.,
On corH'rotc curb and GUtter constructed by thP. City, tho length o.nd loce-.tion of oil
dr-lve\'ays (curb l c.id bo.ck) shall receive o.pprovo.l oL' the St• to prior to cons'truct-
i ono
TRAFFIC Rt.GJLII TI O:NS A.-ID SLFETY PRO VIS I o:!S
The City o.r::reos to pcss t..nd enforce an ordinc.r.c0 restri ct ing p(>.rking to
pere.ll· 1 !lurking only, Tf.e City agrE:Jc.s that ot her traffic ret;\.11 £ tions will bo
e~t£bl ::.sho1 r.nd s peed linits fixed by egreemcnt with the St£to as roorescnted by
·.,he St1 t e Hi<~h·.-:c.y r::nginocr ::..f'ter trt\ffic and enginecr~.ng surveys h£-ve been
conductedo
The Cit~r r.greee to prohibit the plr.nting of tro-::s or shrubbery or the cl·e£,tior..
'H' con~truction of en;• othor obstruction >"ithin t:1c ris;ht-of-,·ra.y without prior
a.e~''"'Ament with tho Stt-te., •
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'Xbe City agrees to prohibit the M::>vement of loads over the project and other
St3te mainta.int:d streets which exoeed the 19 ga.l limits for designated State high··
ways for either weight, lengthJ height or width except those having proper pennj~s
~ f:z.'O!tl the State for such movement.
The State will be responsible for the erection and maintenance o:f informational
si~s on the project for direction of traffic, such signs to be of design and
location to conform to standard practices of the State.
£~~ .Q! ;;.;.;MA;.;;,;n;..;..N.;;;.;.TEN...;...;...,;AN~C....;E RESPONSIBILITIES
This general mainte~ce provision is supplemented, or in case of conflict is
supeTseded in respect to the point in conflict only, by the spec;ii'ic maintenance
responsibilities as delineated in other provisions of this agreementQ
The State will maintain the roadway pavement and its support the :full length
of the project, curb and gutter, median curbs, and the stor.m s~wers and appurte~
nances tnereto that are constructed by the Stateo
The State will maintain the area between right-of-way lines on r~.,.ral type
sections, except where this rural type section is afterwards converted to a st.reet
type section by the COJlstruction of curb and gutters and widening of pa~lement., in
which ca~e the maintenance responsibility of the State will be only between the
curl:::>s, e.nd the area between the back of curb and property line will become the re-
sponsibility of the City.
The City Hill maintain the area between the back of curb and property line on
street type sections including all sidewalks, driveways, and other facilities with ...
in thls area, except stonn sewers and appurtenance thereto that are constructed by
the State~
The City will maintain all street lights, traffic lights, and signal devices9 and will swep, flush and otherwise keep the project in a clean and sanitary con~
tiono
Maintenance -vmrk by the State shall be performed only as long as the project O 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 highwayn
IND~IFICATION
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 l.i.able 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
hereby agree to indemnify the State agains-.,, any and all court costs, attorneys• fees
and all expenses in connection with suits ror such damage and shall, if requested
to do so in writing, assist or relieve the State from defending any such suits
brought against ito
Nothing in this agreement shall be construed to place any liability on the
City for personal injuries arising out of the construction of such project0
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 p~operty
aris~.ng out o:f or in .. ny manner connected l>~ith the maintenance or use of the
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project, und the Cit~/ ·lo'fill sc.ve the St~,te hermlcss from any damages arising from
s~id maintenance end/or use of snid project.
It is furthor understood and egreed be~veen the nerties hereto that the im-
provement and/or maintenance of the nrojcct by tho Stato is for the sole purpose of
providing the travellin~ public a more adequate trnvol facility and shall never be
tho basis of eny claim for Stc.te assumption, or ~urtioipation in the payment, of
any of the obligations of the City incurred in the imorovoment, past or orcsent, of
uny street project.
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0 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of ___ ..... L~uu.b~b.lo!:o~ck~,,___.Tl!e~Jtat1!,2s _______________ on the
_ __.2~<o~6.ut~.h~.-______ day of Aui!Jst , 19 -.5JL and the
Highway Department. on the ______ day of __________ , 19 __
ATTEST:
M-9-45-937
D-8
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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
Highway Commission:
BY----------------------------Administrative Engineer
APPROVAL RECOMMENDED:
District Engineer
Engineer Road Design
Engineer, Land Service Roads
Ordinance No. 1597
Dear Mr. DeShasoe
.&upat :n. 1954
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Beterence :la made to your letter ot Jul7 s. 1954,
enoloei.De a "Municipal Ordinanoe• 8D4 a lltofimicipal CcmstructiOD
aDd Nainten•nce A&reeaeat.• ooveriq that portion ot lorth
Colleae Avenue within the Cit.7 Lmita oa P. M. Bigbvq 1264.
Herewith returniDg these dooullnt. executed by the
Ma;ror. Whe ap-eement hae been executed. by the state, pleue
aee that aow la act to the Cit7 tor ita tiles. We have re-
tained cme copy of the ord1Danoe.
Please ad·vtae the date that tbie job v111 be let, vha
kDovD. We have worked out the right-ot-vq problem vitb Pldu
Maoh1n817 Cclllp81J,J".
nBIW /
coa Lavenia Love,
City Seeretary
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-~.-.,,;· Form 1037
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STATE OF TEXAS
COUNTY OF LUBBOCK
I, ______ ~Ia~ye~n~1~·a~LoAUw~e~----------------------------' the duly appointed,
qualified and acting city secretary of the City of ____ L_u_b_b_o_c_k ____________________ ,
Texas, hereby certify that the foregoing pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meeting held on
August 26th 1 A.D., 19 54 , at 10 o •clock~ M.
To certify which, witness my hand and seal of the City of 1ubbock
TEXAS, this due 2 6th day of August , 19 54 , at
Lubbock Texas.
City Se
Lubbock Texas ~~~~--------------