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HomeMy WebLinkAboutOrdinance - 2426-1958 - Construction And Maintenance Portion Of HWY 62 - 02/27/1958MUNICIPAL ORDINANCE (Construction and Maintenance Agreement) O;;t-~7-t-95~ ORDINANCE NO. 2426 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF HIGHWAY NO. _ __...;:U:;,;;:;S~62:,__(-.::B;.::.r.:.own=f=ui::.::e:.::l.=.d.....:R;;o:;o~a:.::d..._ ____ STREET) IN THE CITY OF---- _____ L_u .. b .. b-.oc .. k._ _________ , BETWEEN THE FOLLOWING LIMITS, TO-WIT: FROM...__ --~S~t.a~te~~--~·-l-l-6_.(1_9~t~h~St~·w>~--T0 ____ ~3-4~th~S-t~r~ee~t~&==es~t~C=i~ty~L=im==it~sw) _______ __ HEREINAFTER 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 CONST.RUC· 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 and necessity of the City, and the people of the City require that the portion of Highway No. ____ u_s_.6~2---from _____ s.t~a~t.e_Hwy.__.~l-1~6_.(1_9~t-h._S_t~r-.ee.t_)._ _____ to ______ M3.4-t~h~St~r~e~e~t~(~W.:.es_t~C~i~t~y~L~im~i~t-s~>--- 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 accor- dance with and for the purpose of carrying out the terms and provisions of this ordi- nance, in the form attached hereto and marked "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 Secretary 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 A11, and made a part hereof in all respects, and to maintain such project all as is provided in the agreement hereto attached. 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 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 February 27, A.D. 1958, and shall take effect immediately upon its passage and approval by the Mayor. s. s. Forrest, Jr. Mayor ATTEST:_. -------------------------------Lavenia Lowe City Secretary-Treasurer STATE OF TEXAS COUNTY OF LUBBOCK I, I..ayenia Lowe , 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 true and correct copy of an ordinance duly passed by the City Council at a meeting held on February 27, A.D., 1958, at 9:00 o'clock A.M. To certify which, witness my hand and seal of the City of Lubbock, Texas, this due 27th day of February, 1958, at Lubbock, Texas. City Secretary of the City of -----=L~ub~b~o~c~k~ ______________________ ,Texas MUNICIPAL CONSTRUCTION AND MAINXENANCE AGREEMENT STATE OF TEXAS l COUNTY OF TRAVIS 1 This agreement made this. ___ d,ay of ________ l9. ___ by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of. __ ...;L;:,;u::.::b;,::b~o,;:;c,::::k ______ _ __ ____ L;u~b~b~o~c~k~ ________ County, Texas, acting by and through its duly authorized officers under an ordinance passed the~2~Z~~day of _....;;:.F.::::e.:.b.=:.ru;:.a=.r,.,y....._ _____ , 19~, hereinafter called the "City", party of the second part. W I T N E S S E T H WHEREAS, the City has requested the State to contribute financial aid in the improvement and maintenance of Brownfield Road within such City, ~rom _ _...;S:;..:;tr.=a;.::t.;:;e_.J!wy=--'-=*~1.::.16:.:.-(._1;,:;9..:t~h_.S::.:t::..:•:.,~;)_____ to 34th Street <West City Limits) the route of Highway No. __ U.:::;.;S::.-...;:6::.=2=-----and hereinafter called the 11Project", and has by prop.er 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 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 the 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 d~veloped to the construction -- 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 developeq will be attached hereto, marked 11Exhibit A11, and made a part hereof in all respects. Right of Way ~ 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 written 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. The Texas Highway Department, after the City has fulfilled its responsibilities, will participate in the cost of right-of-way in accordance with the Construction Responsibilities provision of House Bill 620. The City and the State will provide for the items of construction for which each has assumed financial responsibility. For the items of construction which are the State's financial responsibility, 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 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 appro~al of the construction plans for each increment or the unit prior to award of contract. If there are items of construction whicn 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 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 superRise 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, hereinafter called '~nicipal 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 on 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. The Municipal Maintenance Agreement under the general section headed 11Coverage 11 lists in Paragraph number one (1) the sections of h.tghway 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 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 number one (1) for certain maintenance responsibilities by the State, provided that if any section of this pro• ject is to be excluded from the listing in Paragraph number one (1) 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 Muni- cipal Maintenance Agreement is required and that the full effect and all conditions of the Municipal Maintenance Agreement shall apply to this project. The Municipal Mainten• ance Agreement is hereby supple~nted by this construction agreement for this project, and a copy shall be attached thereto and made a part thereof in all respects. Special Conditions The City of Lubbock will pay for the construction of continuous curb and gutter, and such curb as may be necessary to outline driveways to prevent the use of the area between the curb and property line for parking and servicing cars, trucks, or other customers. The State will pay for the excavation, median cu~b and the pavement. The City agrees to paas and enforce an ordinance restricting parking to parallel parking only. The City agrees that other traffic regulations will be established and speedl~its fixed by agreement with the State, as represented by the State High- way Engineer after traffic and engineering surveys have been conducted. 1odemnificat ion 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 basis of any cla~ for 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, the parties have hereunto affixed their signatures, the City of. ____________ ~L~u~b~b~oc~k~·~T~e~xa~'~--------------------------on the -...:2=..71.olt::;h~-------day of ----=F..:Ile~b;,.,r.:;:ua~~.rv~~o.~.--------' 19 58 and the Highway Department on the. _________ _:day of __________________ , 19 ___ • ATTEST: /s/ #~venia Lowe Lavenia Lowe, City Secretary (City Seal) CITY OF ____ _.L~u~bb~o~c~k._ ________ __ I ': BY Ls/S, S, Forrest. Jr. (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, Land Service Roads \. • Mr-. v. H. Garrett Sr. Resident &ginee!" State Hitb•7 Department Lubbock~ fexae Dear i\-. Garrett: March 8, 19.58 In Reply to File No. Control 380-1 HisbWB7 U3 62 count,. Lubbock Ret Limite from St. HW7. 116 to 34th St.. Tb .. e is enclosed herewith tour (4) copies ot !mnicipal Ordinance (City No. 2426) together with Construction and Haint.enance Asree- mnt 1n comection with coaatruction ot B!"G~ield Road, US High- way 62, from 19th street to 34th Street in West. Lubbock. These instrument& heve been executed by the Cit7 of Lubbock and are being t'orwar<le4 to you for execution by the 'fe.xas Hight11a7 Depart- met. Please return the completed copy for the City's file. Utll Encl. Yours very trul.7, Laverd.a Lowe City Secretary-Treasurer