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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