HomeMy WebLinkAboutOrdinance - 2211-1957 - Providing For The Construction And Maintenance For Portion Of HWY 62 - 05/09/1957A ~ ~
f}:yt) (q -05-09~ f9S~ l!if. ORDINANCE NO. 2211
.S I I MUNICIPAL ORDINANCE . ~
..(""'~/ • (Construction and Maintenance Agreement) ~ p.J/tJ
~-AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF
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~+h-~~ ( Idal!!l Road -~ IN THE CITY OF
HIGHWAY NO. U ,s, 62 & 82 -.._,
...;IU=b:;.;;b;..;;e~ok==---------' BETWEEN THE FOLLOWING LIMITS, TO-WIT: FROM the interseotion
_o_t_tJ_.s_._&_2_w1_th __ u...;.,...;.s.;..,_6....;.2;;..._ ____ TO the IMbbook City Liait at Baylor Street ,
FIEREINAFI'ER REFERRED TO AS "THE PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO
EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST 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 RESPONSIBILITIES 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 ana nece·ssity of the City, and the
~--*·-~~-------people of the City require that the portion of Highway No. u.s, 62 & 82 from
the 1nteraeot10D ot u.S.82 with u.s.e2 to the Lubbook Ofu L!mit, at Bqlor Rb-AA~
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 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.
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 end marked "Exhibit 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 ~ecretary 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 plane 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.
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SECTION 4. The fact that there is an imperative necessity that the work provided
for in said contract be beg~n and carried o~t promptly, and that s~ch 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 shall be passed finally on the date of its introduction, this 9th , A.D.
May. 1967 , end shall take effect immediately upon its passage and approval \
by the Mayor. and approved this the 9th day of ~y, 1957
ATtEST:
yor
COUNTY OF _ ___;;L=U=B=BO=C=K...__ ___ _
I, _______________ La~~~e_n_i_a __ Low __ e ___________________________ , the duly appointed,
qualified and acting city secretary of the City of ___________ =Lu~b~b~o~c~k ________ , Texas hereby
certify that the foregoing pages constitute a tr~e and correct copy of an ordinance
duly passed by the City Council at a meeting held on _____ ~Ma=y~9~·~---------' A.D., 195~
at 9 o'clock~ ____ A_. ____ M.
To certify which, witness my hand and seal of the City of. ___ w=b::.:b~o;.:c:.::k'----' Texas,
this due._ ___ _.9;..;;t._,h,__ _______ day of ___ __;Ma;;.;;:;;;o~Yr...... _______ , 195_2, at :Wbbock, Texas.
City
--------~LUB~B_O_C_K ____________ , Texas
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Form 1068
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MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS ( )
COUNTY OF TRAVIS ()
This agreement made this 9th day of ___ Ma~y ___ __;l92Z,__ by and between the
State of Texas, hereinafter referred to as the "Stat~", party of the first part, and
the City of ____ ~IA.m-ubtlk~~-----------'---~ID~~~oe.u.L------County, Texas, acting
by and through its duly authorized officers under an ordinance passed the 9thaay of
May 1 , 1~!.__; hereinafter called th~-"City" 1 party of the second part.
WITNESSETH
WHEREAS, the City has requested the State to contribute financial aid in the
improvement and maintenance of_.i.d••'•"mL--------i••••t within such City, from
......... , ... ot u. ' •• 81 ·~ u.s. •• to .. labboo1t GIW Walt ,, avt• •.
...... it8&i: llfet. .
the route of Highway No.u.a.aa & $I and hereinafter called the "Project·~, 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
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
msintenance 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
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stage, either as a unit or in increments, both parties shall approve such plans by
signature approval thereon, and a copy of such plans for the unit or for each in-
crement as such increment is developed will be attached hereto, marked '1Exhibit A11
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and made a part hereof in all respects.
Right of Way and Existing Utilities
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. 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 and
obligation of the City.
Construction Responsibilities
The City and the State will provide for the items of construction for which ~ach
has assumed financial responsibility.
For the items of construction which are the State's financial responsibility, tb.e
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 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 ~de a part 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----J entered
into an agreement, hereinafter called "Municipal Maintenance Agreement", establishing
the responsibilities of both Parties in respect to the maintenance and operation of
the then existing system 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 c~nged
portion is requested by either the City or the State.
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The Municipal Maintenance Agreement under the general section headed "Coverage''
C -..lists in Paragraph numbered one ( 1) the sections of highway routes on which the State
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 ~nd desti~ation 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 (l) and included
in Paragraph numbered two (2}, such section is identified as follows:
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 a~l 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
tlua Olty Of t.lbbod '-'t~ ·.·e tJ ~h the 8tlatAt -OI'fe$·a-._otJ tw te.en.ta
t. tlll oo-.~ott.OJa ot a.t:r;:.: ftet¥01 ~del •"• ai-s ..... v. '• atahwlr
81 Uti 81 wt.tsh~D til• elt,. Umt.-. of la<\oa.
~ 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 way connected with the installation, the construc-
tion, the existence, the use and/or maintenance of such project and does hereby agree
to indemnify 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
(_r basis of any claim for State assumption, or participetion in the payment, of any of
1 the obligations of the City incurred in the improvement, past or present, of any
street project.
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IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of _____ ...:L:.:UB..::.B;;..OC.......:..::K,;;__ ______________ on the
----~9t=h~ ________ day of __ ~Ma~y~-----------, 19 57and the
Highway Department on the ______ day of __________ , 19 __ •
ATTEST:
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(Title of Signing Official)
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, Lano Service Roads
Form 1069