HomeMy WebLinkAboutOrdinance - 1865-1956 - Reconstruction&Maintenance Of Portion Of Leon Highway No.230 - 03/30/1956B BE IT 6 ) BY M Cl'ry Ct CII':
SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city does hereby aEree to indemnify the State of Texas against all
dwmges &nd 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 re construction, existence, use and maintenance of said
street project and does he7—eby 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. Thits provision being sl,�b-
Jett to limitations contained in the construction agreement.
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
dDmages to, or loss of property arising out of or in any manner connected with the
maintenance or use of the street project 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 wid 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 Pnd 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 reading of the ordinance on tree
several clays is hereby dispensed with and the same shall be in full force: and
effect from and after its passage.
AND IT IZ SO ORDERED.
Passed by the Commission this20 _day of March , 1956.
ATTEST:
nor
I
Form iO3 7
STATE OF TF—(ASS
COUNTY OF Lu bboc k
I, -, the duly appointed,
qualified and acting city secretary of the City of Lubbock
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
March 30. , A.D., 1.9 56, .7 at 10 o'clock A. M.
To certify which, witness my hand and seal of the City of Lubbock
TEX,AS, this due
.LQday of 19Lc , at
L,'bock ---"Pexas �
City Secretary of the City of
,Wbbock ---Texas
lxhi)?it "B" of Ordinance 13
zl original # 1865
o-oies sent to
Local �t.hlif.;hviay MUNICIPAL CONSTRUCTION A M-T
�` ' for ( Combination Construction, Reco t ction and Maintenance }
;rniis`]littal to
�ustin STAVE CEO
.or LUBBOCK
3_Lgn- C
ing.
One is agreement _ de this day of r b , 19 , by and between
,opy to
)e e State of Texas, here f'ter referred to as the "State" partyof the first
*eturn- p
;d forpart, aid the City of Lubbock Lubbock --County, Texas,
file. acting by and through its duly authorized officers under an ordinance ssed the
day of h __- _-, 19 , hereinafter called. the "City", party of
the second part.
Whereas, the City has requested the State to contribute financial aid in the
improvement and/or maintenance on__ Lc_Q_ 2 O �zsi 13rot dwav) --
Street from
within such
City and has by proper ordinance authorized the State to enter upon and improve
and/or maintain or assist the City in the improvement and/or mintenance of mid
project; and
Whereas,g. approved
program of work which includes the project described above, and
Whereas, the State Highway Engineer, acts for and in behalf of the State High -
'way Commission in activating such program, has made it known to the City that the
State will assist the City in the improvement and/or mintenance of Baid street
project by furnishing the fi s necessary to construct, reconstruct or otherwise
place said street in a condition to properly serve motor vehicle traffic thereon by
preparing plans for said improvement and supervising the construction, reconstruction
or betterment work as provided in said plans or my be provided in said plans condi-
tioned that the City, as contemplated by Senate Bill 415, Acts 46th Legislature,
Regular Session, will enter into an agreement with the State for the purpose of
determining the liabilities and responsibilities of the parties with reference there-
to, determining and provid.ing adequate aappropriate means for the regulation of
traffic, policing and minteriance of the project upon completion, a.nd,provided
further, that the City approves the pl , specifications, alignments a des of
the project, and, provided further, that the City will indemnify the State against
all damages to adjoin , abutting or other property occasioned by or resulting from
the installation, construction, existence, use or mintenance of said street proj-
ect and the passage and enforcement of the ordinance herein referred to.
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A G R E E M E N T
Now therefore, in conpideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by the respectively kept and performed
as hereinafter set forth, it is agreed as follows:
The State as its contribution to the improvement of said street project
will prepare or provide for the plans and specifications, advertise for bids, and
let the construction contract, or otherwise provide for the construction, and will
supervise the con.struction, reconstruction or betterment work as required by sail
plans, and will pay the cost of those itemB indicated on the plans as to be paid
for by the State.
As to as the city street is a designated highway, the to will maintain
aaid street project except those portions as may be made the City's obligation an
mutually agreed to by the parties hereto.
The State will maintain said street project or such portions thereof or
extensions thereto as may be indicated on said plana for State maintenance, and
such other portions as may be mutually a8reed to by the parties hereto®
The City, in consideration of the mutual covenants herein contained, does
hereby agree to and toes hereby authorize the State to improve or assist in the
improve m2nt of said street project at the location, to the grades and in the
manner shown on the planz, which plans when approved by both partioa hereto will
be attached hereto, marked "Exhibit A" and become a part hereof in all respects.
The City will provide for said street project a right-of-way free of all
obstructions and of a width sufficient to properly provide for the irprovements
shown on the plan , without cost to the State -nA will not, in the future, perwdt
encroachmonts on said right-of-way.
The City will provide at its own o.y.Tonfle for the installation, raising,
lowering, removal or other necesaary adjustment of any and all utilities or
services, whether publicly or priNAtely owned, as ray be necesuary to permit
proper improvement, maintenance and use of said street project, and, failure of
the City to prom.ptly carx7 out this provision upon the written request of the
engineer shall, if such delay results In additional expenna to the State, be the
direct charge and obligation of the City.
The City agrees to jay to the State promptly the cost of making repaira to
the aubgrade or surfacine made necessary by reason of the ii:wtallation, repair,
removal, or adjustment or any ouch publicly or privately, owe edutilitiesor
cervices; which may occur after the completion of the street Project.
The City agrees that it will refrain from paosing an ordinance fixing a
speed limit on the above montioned street project of n-nder twenty (20) miles per
hour nor will it allow the erection of Henn, semaphores and/or sigamla that will
give prefoience to local routes which intersect with the said street project, nor
that will slow up, hinder or delay traffic on acid above mentioned street pioJect.
The City will at Its own exTen-se me.1,1ta"In all t"Onets lights, traffic lighto
and signal devices on said project, and sweep, flush and otherwise keep said
street project in a clean all sanitary coretition,
2
Form 1066
a
The City agrees to execute all work, either construction or maintenance., at
its own cost and expense, shown on the plans, which is or y be indicated on such
plans as the responsibility of the City.
The City agrees to indemnify the State against any and all damages and claims
for damage 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 installa-
tion, the construction, the existence, the use and/or maintenance of such street
project and does hereby agree to indemnify the State against any and all court
costs, attorneys' fees and all expenses in connection with suits for such damage
ands ll, if requested to do so in writs , assist or relieve the State from
defending any such suits brought against it.
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 street project and the City will save the State harmless from any damages
arising from said maintenance and/or use of said street projects
It is understood, and agreed between the parties hereto that the City by
virtue of the provisionB 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 of the above street project hereirlabove reed, and the State
in the construction of the above street project does so at the special instance
and request of the City. The location, grades a.d manner of construction shown
on the plans attached hereto and marked"Exhibit A" are made a part hereof. In
case of conflict between this agreement and said plans., the plans shall govern.
Nothing in this agreement shall be construed to place any liability on the
City for personal injury arising out of the ca traction of such street project®
It is understood and agreed between the parties hereto that all obligation
of the State, created herein, to maintain the herein above described street proj-
ect, shall end and terminate if and when the State shall abandon, cancel or re-
locate such designation.
It is further understood and agreed between the parties hereto that the
improvement and/or maintenance of the above project by the State is for the sole
purpose of providing the travelling public a more adequate travel facility and
shall never be the basis of any claim for State assumption, or participation in
the payment, of any of the obligations of the City incurred in the improvement,
past or present, of an,- street project®
Tihe City agrees that prior to completion of the proposed construction
ordinance will be passed restricting 1grkir% to parallel parkin, only.
State agrees the indemnity proyiAionx Shall be of no effect unless City be
party to any such suit for damages, or is timely requested to assist or relieve
the State from defending any such tuits brought against it, and the State further
agrees to make no admissions against interest of City.
I
Form 1066
No
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of on the
---,3Dth-__day of NArch 1956 and the
HiElway Department on the
ATIEST:
LAVIJA L-Ep City Secretary -
Treasurer
day of
F 19
CITY OF
fny--
-C
(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:
loom
Administrative Engineer
APPROVAL RECOMMENDED:
District Engineer
Engineer Road Design
Engineer, Land Service Roads
Form 1066
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