1226 ORD MUNICIPAL ORDINANCE PROVIDING FOR CONSTRUCTION AND MAINTENANCE OF PORTION OF HIGHWAY NOS 82, 271 AND 24lU0 0 12 tih
MtJNICTPAL ORUINANCE
(Construction, Reconetruction and Maintenance)
AN ORDINANCE PROVID G FbR THE CONSTRUCTION AND MAINTIlVANCE OF THE
PORTION OF HIGIiWbY NO.-,1.._ I1V THE CITY OF.
a z-t
.
_
HEREINABOVE REFERRID TO AS "THE 5TREET PROJECT" AND A1T.PHORIZING THE MAYOR OF T
CITY TO EXECUrE AND THE CI'PY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE
SAME, A CERTAIN CONTRACT BL'P4M THE CIrl'Y AND TIiE STATE OF TEX,A..i PROVIDING FOR THE
IlVSTALIATION, CONSTRUCTION, MA.INTENANCE, ExISTffiNCE AND IISE OF THE SAID STRM
PFZOJECT: FOR 'IHE INDEMNIFICATION OF THE STATE OF TEXAS, BY TFIE CI'iTY AGAINST ALL
DAMAGES TO A:DJOINIlVG, ABt?rTING AND OTHER PROPER'PY p AND FOR EXPIINSES IN CQNNECTION
WITH ANY CIATM OR SUIT THERE4F: AND DECIARING AN EmERGENCY AND PROVIDING THAT THIS
ORAI;VANCE SHALL BE EFF'.E.'CTIVE FROM AND APTER ITS PASSAGE.
WHERF,AS, the Public convenience., safety an3 necessity of the city,. and the
people of tho city require that the portion of.. .;.1.~'..~.:..',...>:%'...~...~../~.-••--~"-~~-----
4.,~..._~.~5!n... .n~... ;.~f....T:~.:...:~.~"rit:.~:.~_Z~....Y.~...~.~c.~..`.~
.
3~~eerious in-
be conruced. ince the 0xistin.g etreet cons~~tutea a~. er an
convenience to the public, it ie urgently required to be remedied; and
`S) the city has rAquested the 3tate of Texas to contribute financial-
wquwlpl
1y in the atreet project; and
WHEREAS~ the State of Texas has made it lznown to the city that it will
assist the city in the atreet pro,ject by furniahing the neceesary funde for actual
construction, reconatruction and maintenance; and by supervising conetruction, pro-
viding the city approves the plans, grades and alignment for esid project; and
WHEREA5, the city, i.n coneideration of the providing of said project,
agreea to indemnif`y the State of Texae against a11 damages or claim$ for damage to
adjoining, abutting or other property for which the State ie liable, arising out
of, incident ta, and in any way connected with the inetallation, the........... conetruc-
tion, the existence, the use and maintenance of the street project or the paseage
and enforcament of this ordinance.
NOW TfiEREF'ORE, BE IT ORDAINID BY THE C ITY C0UVC I L:
SECTION 1. That eince the public convenience, safety and necessity of the
city and the people of the city require it, said street shall be.......... constructed.
SECTION 2. That the State of Texae be axid is hereby authorized to enter
upon........ .construct and maintain the $treet project at the location and in the manner
shown on the plaxzs, attached hereto and maxked "Exhibit A" and made a part hereof
in a11 reapects, . .
SECTION 3. That nothing in thig ordinance ghall be construed to obligate
the State of Texas to pay any direct, incidental, or coneequen-1il damagoe to
ad,joining, abutting or othcr property in enforcement of this ord.inaT.zce or by
reason of the installation,..___._..construction, existence, use and maintenance of
the streEt pro,ject authorized horein.
1 10-43-10&3
SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city doea hereby agree to indemnify the State of Texas against all
damages and claime for damagee to adjoining, abutting, or other prope connected
the State of Texas is liable, arising out of, incident to, or in an,y way
with the inatallation, the_.___..conatruction, exiatence, usa and maintenance of said
street project and doea hereby agree to indemnify the State of Texas against all
court costa, attorneys' feea and all expenaes in connection with suits for euch
damages, and shaZl, if requested to do eo in writing, aasist or relieve the State
of Texas from defending asW auch auits brought againet it.
SECTION 5. Nothing contained herein shall ever be conetrued to place upon
the State of Texas any manner of liability for in,juxy to or death of persone or for
damagea to, or loss nf property arising out of or in any manner aonnected with the
maintenance or usQ of the street pro,ject and the city will eave the State of Texae
harmless from any da.mages arising out of said maintenance and/or use of aaid street
project.
SECTION 6. The Mayor of the city be and is hereby authorized to execute
for and on bahalf of the city a.n agreement and contract with the State of Texas in
accordance with and for the purpoge of carrying out the terms and provisions of
triis ordinanco, in the form attachad hereto and markod "Exhibit B". The City
Secretary is hereby directed to attest the a€3reement and contract a,nd to affix the
proper seal of the city hereto.
SECTION 7. The Mayor of the city, having requested in writing that thie
ordinance tako effect forthwith and there being in fact an emsrgency and importive
necessity tha.t the work herein provided for be bogun and carried out promptly and
with nXAo3ition and that the contract aforesaid sha11 be immediately madQ, executed
ancl delivered to the end that such work hcrein provided for may be begun r-znd
oarried out promptly and with expedition. The reading of tho ordinance on three
several days ia hereby dispenaoci with and the eame snall be in full force and
eff'ect fxom and a.fter its passage.
Passed this 28tn day of xugtzst, 195U•
THE CITY OF PARI3
Attest:
H. 'd. Paz'Chman
Mayor
2 10-43-1083
STATE OF TFXAS 0
COUNTY OF _ ~
the duly appointed,
I ,
~
,
qualified a.nd acting city eerretary of the City o
Texas, hereby certify that the foregoing pagea constitute a true and cozzect .:DPY
of an ordinance du1y pa.eeed by the City Council at a meeting he on
- A.D., 19.... , at o' clock............_.. M.
~
To certify which, witnese zqy hend and aeal of the City of
. Y of _ , 19 , at
TLX,AS, this due da
Texas
.
S . . .
_
City ocretary of the City of
Texas
.
-
Ordinance lHighway Projects)
10-43-1083.. 3
MUNICIPAL CONSTRUCTION AGRERvMT
( Combination Conetruction, Recon$truction and Maintenance )
BTATE CfF TEXAS X
X
C CJUN'I.'Y Cff' TRADZS ~
Thia agreement made thie day of
1 19_., by and between
''he State of Texae, hereinafter referred ta ae the "State", party of the firet
pa.rt, and the City of
p
County, Texae,
acting by and through ite duly authorized officers under an ordinance pasa=d the
day of
the eecond pa.rt.
, 19 hereinaT'~er called the "City", party of
W T T N E S S E T H
Whereae, the City hae requested the Sta.te to contribute financial aid in the
improvement and/or ma.intenance
to
within euch
City and hae by proper ordinance authorized the State to enter upon and improve
and/or ma,intain or aesiet the City in the improvement and/or maintenance oP said
project; and
Whereae, the State Highway Coffinieeion under d.a.te of
approved a
program of work which includes the project described above, and
Whereae, the State Highway Engineer, acting for and in behalf of the Sta.te High-
way Commiseion in activating euch program, hae made it lnown to the City that the
Sta,te will aesiet the City in the improvement and/or ma.intenance of ea.id etreet
project by furnishing the funde neceeeary to construct, reconetruet or otherwiee
place aaid atreet in a condition to properly aerve motor vehicle traffic thereon by
preparing plana for ea.id improvement and euperQising the conetruction, reconetruction
or betterment work ae provided in eaid p18.ne or may be provided in said plans condi-
tioned that the City, as contempl.a.ted by Senate Bill 415, Acta 46th Legielature,
Regular Seeaion, wil"1 enter into an agreement with the Sta,te for the purpoae of
determining the liabilities and reeponsibilitiee of the partiee with reference there-
to, determining and providing adequate and appropriate mea.ne for the regulation of
traffic, policing and maintenance of the project upon completion, and,provided
further, that the City approvee the plans, epecificatione, alignmente and gra.dee of
the project, and, provided further, that the City will indemnify the State agp,inet
all damagee to adjoining, abutting or other property occasioned by or resulting from
the ineta,llation, conatruction, eaietence~ use or ma,intena,nce oP eaid etreet pro,j-
ect and the pasaage and enforcement of the ordinance herein referred to.
Street from
M-9-45-937 1
D-8 "
AGREEMENT
Now therefore, in cansideration of the premisea and of the mztual covenante
and agreemente of the parties hereto to be by them respectively kept and performed
as hereinafter aet forth, it ie agreed as follawee
The State as ita contribution to the improvement of aaid street project
will prepare or provide for the plans and epecif ications, advertiee for bids, and
let the conetruction contract, or otherwise provide for the construction, and will
superviee the construction, reconetruction or betterment work as required by eaid
pl.a.na, and will pay the coat of thoee itemB indicated on the plang as to be paid
for by the State.
Ae long as the city etreet ie a designe.ted highway, the State will ma.intain
said etreet project eg.cept thoee portions as me.y be made the City's obligation as
mmztually agreed to by the partiea hereto.
The State will me,intain eaid street project or euch portions thereof or
exten$ions thereto as may be indica,ted on ea,id plane for State maintenance, and
such other portione as may be mutually agreed to by the pe.rtiee hereto.
The City, in consideration of the mutual covenante herein contained, does
hereby agree to and does hereby authorize the 8ta.te to improve or aeaiet in the
jmprovement of said street project at the location, to the gradee and 3n the
manner shown on the pl.a,ne, which plans when approved by both partiee hereto will
be atta,ched hereto, marked "Exhibit A" and become a part hereof in all reapecte.
The City will provide for eaid street project a right-of-way free of all
obstructione and of a width aufficient to properly provide for the improvemente
ehown on the plans, without coat to the State and will not, in the future, permit
encroachmenta on eaid right-of-way.
The City will provide at ite own expenee for the inetall.ation, raieing,
lowering, remova,l or other neceesary adjuetment of any and all utilities or
servicea., whether publicly or privately owned, as me,y be neceeaa.ry to permit
proper improvement, ma.intena.nce and uee of aaid street project, and, failure of
the City to promptly carry out this provieion upon the written request of the
engineer aball, if euch delay results in additional expenae to the Sta,te, be the
direct charge and obligation of the City.
The City agieee to pay to the State promptly the coet of ma,king repaire to
the subgrade or eizrfacing made neceseary by reason of the installs.tion, repair.,
removal, or asijuetment or any euch publicly or privately owned utilities or
sercicee, which ma.y occur after the completion of the etreet project.
The City agrees that it will refrain from pe,eeing an ordinance fixing a
epeed limit on the above mentioned etreet project of under twenty (20) miles per
hour nor will it allow the erection of signs, aemaphorea and/or Bignals that will
give preference to local routes which intersect with the aaid street project, nor
tba.t will slow up, hinder or delay traffic on aaid above mentioned etreet project.
The City will at ite own expenee maintain all gtreeta lighta, traffic lighta
and aigpal devicee on eaid project, and eweep, flueh and otherwise keep eaid
etreet project in a clean and sanitary condition.
2 M-9-45-937
D-8
The City agreee to eaecute all work,- either construation or mintenance., at
its awn coet and ezpenee, shown on the plans, which is or may be indicated on such
p]ane ae-the reaponsibility of the City.
The City agreee to indemnify the State aSainst any and all dame,gee and c]aims
for dama.ge to adjoining, abutting or other property for which the 8tate is or ma.y
be liable arising out of, incident to or in any way cormected with the installa-
tion, the construction, the existence, the use and/or ma.intenance of euch street
project and doeB hereby agree to indemnify the Sta,te agZinst any and all court
costa, attorneys' fees and all eapeneee in connection with euite for such dama,ge
and shallY if requested to do so in writing, assigt or relieve the State from
defending ar~p such suits brought ag,inet it.
Nothing herein cvntained ahall be conetrued to place upon the State ar~y
ma,nner of liability for injury to or dee,th of persone or for da.mage to or losg of
property ariaing out of or in axy mann.er connected with the mintenance or use of
the street project and the City will save the State harmlees from any damagee
arising from said ma,intenance and/or uee of said street project.
It is understood and agreed between the partieB hereto that the City by
virtue of the provisions of its charter and the la.ws of the State of Texas has
egclueive control of and jurisdiction over all streete and public ways within
the incorporated limits of euch city andthat the City ha.s requeeted and consented
to the conetruction of the above street project hereinabove named and the Sta.te
in the conatruction oP the above street project does so at the gpecia.l inatance
a.ud request of the City. The location, gradee and ma.nner of conatruction ehown
on the pl.e.ns attached hereto and marked "Eghibit A" are ma.de a part hereof. In
caee of conflict between thie agreement and. eaid plans., the plane sba,ll govern.
Nothing in thie agreement ehall be corrstrued to place any liability on the
City for personal injury arising out of the conetruction of euch street project.
It is underetood and agreed between the partiee hereto that all obligation
of the State., created herein., to ma,intain the herein above deecribed street proj-
ect she,ll end and terminate if and When the State ehall aba.ndon, cancel or re-
locate euch designation.
It is further understood and agreed between the pe,rties hereto that the
improvement and/or ma,intena.nce oY the above project by the State ie for the eole
purpoee of providing the travelling public a more adequate travel facility arid
she,ll never be the basis of any cla.im for State aeevmption, or participation in
the payment,, of anp of the obligELtions of the City incurred in the improvement,
pa8t or present, of ar~y street project.
3 M-9-45-937
D-8
~ w~ ~E~, the partiee have hereunto affliaed their eignaturee,,
on the
the City of
day of , 19 ~ and the Highway
,
Depe,rtmsnt on the clay °f 19-.
ATTEST : CITY CF
BY
(Title of Sign jng OPficial)
APPROYID: TSE BTATE CIE' TFXAS
Chairman, State Highway Comiseion
M,ember, State Hignway Coaaaieeion
Member, Sta,te Highway Coamoj.aeion
BY
State Hig21way Engineer
APPROYAI, RECOMMEiDED:
District Fngineer
Note: Any official eigning for and on behalf of a
muziicipality ehould attach an original or authenticated
copy of order, reeolution, ordinance, or cbarter provision,
or a citation to etatute, under the authority of which this
agreement ie'executed. Ea,ch agreement should be eaecuted
in ctuplicate.
4
M-9-45 -937
D-8