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HomeMy WebLinkAboutORD 06.01.1955 - Street Project100 11ICIPAL ORDIN111TCE (Construction, Reconstruction and lbAntonanc AN ORDINANCE PROVIDIKG FOR RECONSTRUCTION AND L!aNTENANCE OF THE PORTION OF ST. HIGHWAY NO. IN THE CITY"OF QEORGETEWN THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE COi ORATE BEA-L AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND TFQ STATE OF TEXAS PROVIDING FOR THE INSTALLATIONO RE Cis ISTRUTCTION, 1AIXTENAN 1E, EXISTENCE AND USE OF THE SAID STREET PROJECT: FOR THE =QMNIFICATION O!E STATE OF TEXA.SJ1 BY THE CITY, AGAINST ALL DAMAGES TO XDJOIYING, ABUTTING AN„ OTHER PROPERTY; AND FOR EXPENSES TN CONNECTION UITH ANY CLAIM OR SUIT THER AND DECLARING AN EMERGENCY AND PROVIDING THAT THIO S RDINANCE SHALL BE CTI 0FI, VE FROM AND AFTER ITS PASSAGE. I F: WHEREAS, the public convenience, safety and nece sity of the city, and the people of the city require that the portion of St. fighway 29 along Twelfth Street from the lViest City Limits of Geor,r,etovrn to ­co_Es Truic!`-j� 7---s-i" nee the existing str, et constitutes a danger serions inconnenience to the public, it is urgently required to be re- medied; and I WHEREAS, the city has requested the hate of Tex to contribute financially in the street project; and 11 AHEREAS, the State of Texas has made it known to he city that it will assist the city in the street project by furnishinS tif necessary funds for actual construction, reconstrnetion and maintenance; art by snpervisinc construction, providing the city approves the plans, grade s and alignment for said project; and WHEREAS, the city, in consideration of the prow id ng of said project, agrees to indemnify the State of Texas against all damages or claims for damage to adjoining, abutting or otter property for which the Staty is liable,arising out of, incident to, and invany way connected with the installation, the re construction, the existence, the use and maintenance of the street project our the passage and onforcemnet of this ordinance. NOW THEREFORE, BE IT ORDAINED BY TFE CITY ( r,)T'TT!CTIff SECTION 1, That since the public convenience, suf xty and necessity of the city and the people of the city require it, said street, shall be re constructed. SECTION 2. That the State of Texas be and is her authorized to enter upon re construct and maintain the street project at the fcation and in the manner shown on the plans, attached hereto and marked A" and made a part hereof in all respects. SECTION 3. That nothing in this ordinance shall construed to ob- lioate the State of Texas to pay any direct, incidental, of consequential damages to adjoining , abutting or other property in enforcement Q this ordinance or I by reason of the installation,lre construction, existenceuse and maintenance of the street project authorized herein. i I SECTION 4, For and in consideration of the mutua'-covenants herein containK , the city does hereby agree to indemnify the Stcte of Texas against all damages and claims for damaSes to adjoining, abutting, Dr other property for which the State of Texas is liable, arising out of, incident to, or in any i,-,Tay connected with the installation, the re constructid.1, existence, use and maintenance of said street project and does hereby aghip to indemnify the Mite of Texas against all court costs, attorneys fees and all expenses in connection with suits for such damages, and shall, if requosted to do so in writing , assist or relieve the State of Texas from defend lIng any such suits brought against it. SECTION 5. Nothing contained herein shall ever be nonstrued to place upon the State of Texas any manner of liability for injury to or death of persons or for damages to, or loss of property arising out of or in -any manner connected with the maintenance or use 6f the street projeci and the city will 101 save the State of Texas harmless from any damages arising out of said maintenance anal /ear 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 and for the purpose of carrying out the terms and provisions of this ordinance, in the form attached hereto and marked "Exhibit B"j' The City Secretary is hereby directed to attest the aCreement and contract and to affix -the proper, seal of the city heretc. SECTION 7- The Mayor of the city, h4vS, roquBsted in writing that this ordinance take effect forthwith and there being in fact an orwrSency and imperative necessith that the work herein provided for be begun and carried out promptly and with expedition and that the contract aforesaid shall be imne-diately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage* STATE OF TEXAS 11 COUNTY OF 1XIIIIAMSON I M. L. Cates the duly appointed, qualified and acting city secretary of the City of Georgetown, 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 Georgetown June I A. D., 19 55 , at 2:30 o'clock P Y, To certify which witness my hand and seal of the City of Georgetown TEW, this due lst day of June 19 55, at Georgeto;Wn Texas. City Secretaryof the City of tea; Eehy ------- Texas. Ordinance ( Highway Projects ) 102 MUNICIPAL CONSTRUCTION AGREE1 NT Combination construction, Reconstruction and STATE OF TEXAS COUNTY OF TRAVIS tenance) This agreement made this 11 day of July Z ll-52, by and between The State of Texas, hereinafter referred to as thelkState", party of the first part, and the City of _George !Q!n-'., Willianson County, Texas, acting by and through its duly authorized officers under an ordinanoecpassed the lstm day of June -,19 55, h Preinafger called the "City", party of the second part. W I T N E S 3 E T H hhereas, the City has requested the State to contribute financial aid in the improvement and/or maintenance on Twelfth (I Lh�_ _ Street from the West ci to the East city limits City and has by proper ordinance authorized the Kate to e I improve and/0 maintain or assist the City in the improvem tenance of said project ; and Whereas, the State Highway Commission under date approved a re -construction program of work which incl described above, and Whereas, the State Highway Engineer , acting for the State Highway Commission in activating such program, to the City that the State will assist the City in the i maintenance of said street project by furnishing the funds reconstruct d construct or otherwise place said street in a condition tc motor vehicle traffic thereon by preparing plans for said supervising the construction, reconstruction or betterment in said plans or ray be provided in said plans conditioned as contemplated by Senate Bill 415, Acts Ath Legislature, will enter into an ggreement with the State for the purpoE 0001=10 within such er upon and t and/0 main. - Jule 1T..954, d the project in behalf of made it knomwn, sent and/lor cessary to operly serve 1rovement and rk as provided that the City, Regular 6ession, of determining the liabilities and responsibilities of the parties with rference thereto, determining and providing adequate and appropriate means f r the regulation P +"OPRAP -liciny and maintenance of the project upon c=pletion, and, provided further, that the City approves the plans, specifications, 103 alignments and grades of the project, and, provided further, that the City will indemnify the State against all damages to adjoining, abutting, or other property occasioned by or resulting from the installation, con- struction, existence, use or maintenance of said street project and the passage and enforcement of the ordinance herein referred to. A G R E E M B N T Now therefore, in consideration of the premises and of the mutual covenants and agreements of the parties hereot to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows ; The State as its contribution to the improvement of said street projoctwill prepare or provide for the plans and specifications, advertise for bids, and let the construction contract, or otherwise provide for the constrnotion, and wis ll upervise thconstrt e ucion,-reconstruction or better- ment work as required by said plans, and will pay the cost of -'chose items indicated on the plans as to be paid for by the State. As long as the city street is a designated highway, the State will maintain said street project except those portions as may be made the City's obligation as 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 plans for State maintenance, and such other portions as may be mutually agreed to by the parties hereto. The City, in consideration of the mutual covenants herein contained, does hereby aFree to and does hereby authorize the State to improve or assist in the improvement of said street project at the location, to the grades and iii, the manner shown on the plans, which plans when approved by both parties her 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 improvements shown on the plans, without cost to the Ma to and will not, in the future, permit encroachments on said right-of-way. The City will provide at its own expense for the installation, raising# ;owering. removal..tot other necessary adjustment of any and all utilities or services, whethef publicly or privately owned, as nay be necessary to permit proper improvement, maintenance and use of said street project, and, failure of the City to promptly carry out this provision upon the written request of the engineer shall, if such delay results in additional expense to the State, be the direct charge and obligation of the City. The City agrees to pay to the Qate promptly the cost of making repairs to the subgrade or surfacing made necessary by reason of the installation, repair, removal, or adjustment or any such publicly or privately owned utilities or ser- vices, which may occur after the completion of the street project. The City agrees that it will refrain from passing an ordinance fixing a speed limit on the above mentioned street project of under Wenty (20) miles per hour nor will it allow the erection of signi, semaphores and/lor h3nals that will give preference to local routes which intersedt with the said street project , nor that will slow up, hinder or delay traffic on said above mentioned street project. The City will at its own expense maintain all streets lights, traffic lights and signal devices on said project, and sweep, flush and otherwise keep said street project in a clean and sanitary condition. Thy City agrees to execute all work, either construction or maintenance, at its own cost and expense, shovnin on the plans, which is or may be indicated on such plans as the responsibility of the City. 104 The ;City agrees to indemnify the State against a y 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 ir any way connected with the installation, the construction, the existence, Of use and/6r main- tenance of such street project and does hereby agree to i0 emnify the State against any and all court cost ;,attorneys' foe; and all, e'peases in con- nection with suits for such damage and shall.,, if requested to do so in writing, assist or relieve the State from defending any such suits Irought against it. Nothing herein contained shall be construed to place upon the State any manner of liability for injury to or death of persons r 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 SAW harmless from an,; damages arising from said maintenance and,for use of said sarOet.project. It is understood and agreed between the parties beretb 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 of the above street project lereinabove named and the State in the construction of the above street projict does so at the special instance and request of the City. The location, grades and manner of construction shown on the plans attached hereto and marked "Exhibit 4" are made a part hereof. Wcase of conflict between this agreeme't and. said plans, the plans shall. Severn.. Nothing in this agreement shall, be construed to -lace any liability on the City for pereonal injury arising out of the constru t.ion of such street project. It is understood and agreed between the parties lereot that all � obligation of the State, created herein, to maintain the herein above described_ at street project shall end and terminate if and when the State shall abandon, cancel or relocate such designation. I It is further understood and agreed between the larties hereto that the improvement andfor 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 obli .anions of the City incurred in the improvement, past or present, of any street project The City further agrees to establish and enforce parallel parkin; along the present routes of U. S. Highway No. 81 and State Highm y No. 29 as provided in State Highway Commission minute No. 36,451. IN TITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of Georgetown, hilliamson Gounty,_Texas on the -ft-- 11 th. day of Jul 19 55 and the Highway Department on the 18th. day of July in 50. ATTEST: CITY OF Georgetomwlm BY —71-71—i—R's —T,,,ni—n7,7—FMc —1a I T— THE STATE OF TEXAS Certified as ;rein S executed for the purpose and effect of activating and or carrying out the orders, established policies, or work programs heretofore ap- proved and authorized by the State Hi,ghway Comftission-. BY Administrative Engineer APP'ROVAL 131NDED: District Engineer Engineer Road Design EngiKer, and Service Roads