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HomeMy WebLinkAboutOrdinance - 2195-1957 - Providing For The Construction And Maintenance Of Portion Of Idalou Rd. - 04/19/1957c ( . ~ ~<.4<&-<!.IZ.- 64·.:.·\q--\qs-q ~ ~ Ordinance lb. 2195 ~jt,~/ MUNICIPAL ORDINANCE ..5:_p AL ~ ~ .s-:_ ' 01 • (Construction and Maintenance Agreement) ~ ' '~·1 , AN ORD~ANCE PROVIDING FOR _~ CQ~~TRUCTION AND MAI~~~CE OF THE PORTION OF :a..M. .. ~~·-----( _.....;I;;.;;da=lou.;..::::.....;;.;Ro..;;.;a:;:.;d=--------~'llr) IN THE CITY OF HIGHWAY NO.U.S, 62&82 W.bbook , BETWEEN THE FOL_LO.W~G ~T~,_ _TO-:.WI_~: __ FRO~ the interseotitD. --===::....._-~---r -, .....Jjo:.~o.f.....llliiJ.L..IIIS:.a•-8~211t....!wi~th--.'U~,L...:!S'-~~':.....:o62tt..-___ TO the wbbook Oity Limit at Baylor Street ' HEREINAF.rER REFERRED TO AS "THE PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND 1\TTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CONSTRUC- TION, MAINTENANCE, EXISTENCE AND USE OF SAID PROJECT; AND DETERMINING THE LIABILITIES AND RESPONSIBILITlES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO; AND DECLARING AN EMERGENCY AND PROVIDING THAT THE ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and n~~essity ·o~ the City, end the ~~~~~--~--------peopl~.~f .~h~-_c~-~Y-require that the portion of Hi_g_!lw~:r.. No_. __ u.~~--·~2 i §S from the intersection ot u.s.Hwy. 82¢ U,S,6Z;o the W.bbcok City Limit at Baylor Street 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 financially in the project; and WHEREAS, the State of Texas has made it kno1n1 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. NOW THEREFORE, BE IT ORDAINED BY THE 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. SECTION 2. That 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 carrying out the terms and provisions of this ordinance, in the form attached hereto and tDBrked "Exhibit B". 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 S,ecretery is hereby directed to attest the agreement and contract and to affix the proper seal of the City thereto. SECTION 3. That the State of Texas be and is hereby authorized to enter upon and construct the Project at·the location and in the manner shown on the plans to be approved by the Mayor and attached hereto, marked "Exhibit A", and made a part hereof in all respects, and to maintain such project all as is provided in the agreement hereto attached. 1 Form 1068 SECTION 4. The fact that there is an imperative necessity that the work provided for in said contract be be~n and carried o~t promptly, and that such contract should accordingly be forthwith executed, creates a public emergency requiring that this ordinance be passed finally.on the date of its introduction, and the Mayor having in writing declared the existence of such emergency and requested such passage, this ordi- nance ~hall be passed finally on the date of its introduction, this 19th , A.D. April , and shall take effect immediately upon its passage and approval by the Mayor. Passed by the Oi.ty Cotrmission this ____ l.-.9.-th...._ ___ day of f!pril ,.1957 I4~~;~~~ty Sictetaey-1hasurer ~~~ COUNTY OF __ ...;;In=b..;..b..;..oo..;.;.k'------- I, ______ ~La~v~e~n~i~a~Low~~e~-----------------------~~~-, the duly appointed, qualified and acting city secretary of the City of·------~~~b~b~G..;..Ok~-------' Texas hereby c:>certity that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held on 19th day of April , A.D., 195~ at 9 :30o 1clock. __ __..;..A..;..._M_. __ M. To certify which, witness my hand and seal of the City of. _ ___;;Lu..;..;;;.;;b;..;;;b...;;o...;;.ek=---, Texas, this due\-.-__ .::.l::...9t:::.:h::...._ ____ day of April , 195L_, at Lubbock , Texas. City Secretary of the City of ----~Ln~bwbaoou· gr~-----------' Texas ( 2 Form 1068 COUNTY OF TRAVIS () ' ;%.2.1'1~ MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT ~ ~~ () ~, !!r ~# @~7. This agreement made this 19th day of __ l(l_r_i_l __ ~l9i57 by and between the c STATE OF TEXAS State of Texas, hereinafter referred to as the "State", party of the first part, and the City of ____ ~Lu~b~b~o~~~---------,----_Lu_b_b_o~Ok--________ C.ounty, Texas, acting by and through its duly authorized officers under an ordinance passed the 19th day of -~Ap~r:.;1:=:1=----------1 19:QZ_, hereinafter called the "City", party of the second part. WITNESSETH WHEREAS, the City has requested the State t _o _c_o_n~ribute financial aid in the improvement and maintenance of ld&lau Road Ia_~•~ !f_i thin_ such C_i ~y_, fro~- the Intersection· ot u.s. 82 -with U,S, 62 to the labbook City Limit at Baylor ;t. ~-He. II If the route of Highway No. u.s. 62 & 82and hereinafter called the Project 1 and baa by proper ordinance authorized the State to enter upon and improve and maintain or C:: assist the City in the improvement and maintenance of said project; and 0 WHEREAS, the State Highway Commission has approved a program of work which in- cludes the project described above, and the State Highway Engineer, acting for and in behalf of the State Highway Commission in activating such program, 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 contemplated 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: Project 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 construction and maintenance of the project and the State in the construction and maintenance of such project does so at the special instance and request of the City. The City, in con- sideration 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 project at , -~he location and in the manner shown on the construction plans to be approved by both .Parties. It is mutually agreed that as the project is developed to the construction 1 Form 1069 c 0 stage, either as a unit or in increments, both parties shall approve such plans by signature approval thereon, end a copy of such plans for the unit or for each in- crement as such increment is developed will be attached hereto, marked 11Exhibit A", and made a part hereof in all respects. Right ..Q! Way and Existing Utilities The City will provide without cost to the State a right of way for the project """l free of all obstructions and encroachments, and of a width sufficient to provide properly for the improvements shown on the plans. The City will provide without cost to the State for the installation, removal or other necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the proper improvement, maintenance and use of said project. Existing utilities shall be adjusted in respect to location and type of installation in ac- cordance with requirements of the State. If, upon receipt of ~itten request by the State, the City does not promptly carry out any provision of this paragraph and delay results in additional expense to the State, such expense will be the direct charge end obligation of the City. Construction Responsibilities The City and the State will provide for the items of construction for which each bas assumed financial responsibility. For the items of construction which are the State 1s financial responsibility, the State will prepare or provide for the construction plans, advertise for bids, and let the construction contract, or otherwise provide f'or the construction and will super- vise 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 incre- ments, the State Will secure the City's approval of' the construction plans for each increment or the unit prior to award of contract. If there are items of' construction which are the City's responsibility, the City will prepare plans and accomplish construction, and the design and construction pro- cedures will be subject to inspection and approval of the State. If' desired by the City and approved by the State, any part or all of the items of construction which are the City's responsibility may be included in the plans and made a pert of the con- struction work to be undertaken by the State. In this event the State will prepare the plans, let the contract, and supervise the construction, and the City will pay to the State the cost of the items which are the City's responsibility. The details of cost participation and method of payment will be covered by a separate agreement to be executed between the City and the State prior to the undertaking of construction. General The City and the State on the day of , 19__, entered into an agreement, hereinaf'ter called "Municipal Maintenance Agreementn, establishing the responsibilities of both Parties in respect to the maintenance and operation of the then existing s~tem. of highways within the City. This Municipal Maintenance Agree- ment includes the provision that in the event the system. of highways is changed, the full effect and all conditions of the Municipal Maintenance Agreement shall apply to the changed highway system unless the execution of a new agreement on the changed portion is requested by either the City or the State. 2 Form 1069 The Municipal Maintenance Agreement under the general section headed "Coverage'1 ~lists in Paragraph numbered one (l) the sections of highway routes on which the State v assumed certain maintenance responsibilities, and under Paragraph numbered two (2) lists the sections on which the City would be responsible for all maintenance except that the State would erect and maintain route, directional and destination signs and markers. It is hereby agreed that these listings shall be modified as necessary to include this project in the listing under Paragraph numbered one (1) for certain maintenance responsibilities by the State, provided that if any section of this project is to be excluded from the listing in Paragraph numbered one (1) and included in Paragraph numbered two (2), such section is identified as follows: c c It is further agreed by the City and State that no other revision in the Municipal Maintenance Agreement is required and that the full effect and ail conditions of the Municipal Maintenance Agreement shall apply to this project. The Municipal Mainten- ance Agreement is hereby supplemented by this construction agreement for this project, and a copy shall be attached thereto and made a part thereof in all respects. Special Conditions Indemnification The City agrees to indemnity 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 way connected with the installation, the construc- tion, the existence, the use and/or maintenance of such project and does hereby agree to indemnity the State against any and all court costs, attorneys' fees and all ex~ · penses in connection with suits for such damage and shall, if requested to do so in writing, assist 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 injury arising out of the construction of such project. Furthermore, it is not the intent of this agreement to impose upon the City the liability for injury to person or property arising out of the construction of the project by the State's contractor unless the State itself would be liable for such injury or damage. 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 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 more adequate travel facility and shall never be the basis of any claim for State assumption, or participetion in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. Form 1069 0 ( .. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of --~I.ut=~b~b~o!::l:c~k.__ _________________ on the ____ 1.....;;9 ..... t--h ____ day of ___ _:.Ap::z;.:r:..::i~l _______ , 19.2Z_and the Highway Department on the. ______ day of __________ , 19 __ • ATTEST: 4 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 Form 1069