HomeMy WebLinkAboutORD 06.15.1959 - Church St Maintenance172
MUNICIPAL ORDINANCE
(Construction and Maintenance Agreement)
AN
ORDINANCE
PROVIDING
FOR THE
CONSTRUCTION AND MA
PORTION
OF P. l.
ROAD NO.
146o
C 1 1111 i RC H
ANCE OF THE
STREET) IN
THE CITY OF —GEORGETUW9 ........ BETWEEN THE FOLLOIKNG LYPIT S, TOKIT:
FROM, _ T","*ELFTH STREET ( ST.HIGHWAY 29) TO NINET2,3ELiTT,JSTREET
— _
HEREINAFTER REFERRED TO AS " THE PROJECT " AND AUTHORIZIN( THE YAYOR OF THE
CITY TO EXECUTE AND TIM CITY SECRETARY TO AFFIX THE, CORPOIATE SEAL AND
ATTEST THE SAME, A CT,',RTAIN CUNTItACT BKOVEN TPE CITY AKD ' EB STATE OF TEXAS
PROVIDING FOR T_,ir, CGINISTRUCTION, MAINTEXANCE, EXISTENCE AN] USE OF SAID PROD-
JECT; AND DETERIINING THE LIABILITIES AU D REiPONSIBILITIP: OF THE CITY AND
THE STATE OF TEXAS AITH REFERENCE THERETO; AND DECLARING I BIERGEFOY AND
PROVIDING THAT THE ORDINANICE SIL,�LL B� tIE EFFECTIVE FROM TER ITS PASSAGE.
hHEREAS, the public convenience, safety and necessity of the City, and
the people of the City require that the portion of F. M. lVad No. 1460
from Twelfth Street ( St. _Highway_ _2Qto Nineteenth Street
be constructed, since the existing condition constitutes serious incon-
venience to the public, which it is urEently required to b remedied; and
IflHIE vEAS, the City has requested the State of Texas t contribute
financially in the project; and t
WHEREAS, the State of Texas has made it known to the ity that the
State will assist the city in the improvement and mainten ice of said
project , providing the City approves the plans for said iloject.
NOW THEREIDRE, BE IT ORDAINED BY THE CITY COUINCIL:
SECTION 1. That since the public convenience, safet and necessity
of the City and the people of the City require it, said p ojest shall be
constructed. I
SECTION 2. That the Mayor of the City be and is hereicy authorized to
execute for and on behalf of the City an agreement and co)kract with the
State of Texas in accordance with and for the purpose of tarrying out the
terms and provisions of this ordinance, in the form attacRed hereto and
marked "Exhibit B". The Mayor of the City is further a Qorized to ap-
prove and sign the detailed plans for construction of the project or any
section thereof when and as such plans are completed and for to award
of construction contract by the State. The City Secret is hereby di-
rected to attest 'the agreement and contract and to affix -he proper seal of
the City thereto.
SECTION 3. That the State of Texas be and is hereby Wthorized to enter
upon and construct the project at the location and in the nanner shown on the
plans to be approved by the Mayor and attached hereto, maKed "Exhibit A" 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 neces�
provided for in said contract be begun and carried out pri
such contract should accordingly be forthwith executed, ci
emergency requiring that this ordinance be passed finally
introduction, and the Mayor having in writing declared th;
emergency and requested such passage, this ordinance shal!
on the date of its introduction, this June 15th, P
and shall take effect immediately upon its passage and ap
ty that the work
ptly, and that
ates a public
a the date of its
existence of such
be passed finally
. D. 1959
oval bz the Mayor.
4 111 term 1068
17 e3
STATE OF TEXAS
COUNTY OF WILLIAMSON
1, —_ Claud Lads the duly appointed,
qualified and acting city secretary of the City oaf__20002m,
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 June 1p"th, Ao Do, 1959 . at 7:30 o'clock
P. M. --M.
To certify which, witness my hand and seal of the City of
Georgetown, Texas, this due lath, of June
1959 , at Georgeto7wra —, Texas.
City Secretary of y t7Th_e77'77t—P-,7T__ Rf7—
Georgetown — --,Texas
Form 100
16" 9
MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREBMENT
STATE OF TEXAS
COUNTY OF TRAVIS
This agreement made this l7th, day of June 19 59 by and be-
tweer. the State of Texas, hereinafter referred to as the "State", party of
J the first part, and the City of Georretown t'xilliamson County,
Texas, acting by and through its duly authorized officers under an ordinance
passed the 15th , day of June 19 59 , hereinafter called
the "City", party of the second part.
W I T N E S 3 E T H
WHEREAS, the City has requested the State to contribute financial aid
in the improvement and maintenance of Church Street within such
City, from -Twelfth Street (State to South City Limits
the route of F. M. Road No. 1460 and hereinafter called the "Project",
and has by proper ordinance authorized the 1State to enter upon and improve
and maintain or assist the City in the improvement and maintensince of said
project; and
hHEREAS, the State Highway Commission has approved a program of work
which includes the project described above, art the State Highway Engineer
actihg`fok and in,behalf such
program, has made it known to the City that the State will assist the City in
the limprovemsWand maintehanoo of Kid 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.
A G R E E M E N T
NOW THEREFORE, in consideration of the premises and of the mutual cove-
nants 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 are jurisdiction over all streets and public ways with-
in the incorporated limits of such City, and that the City has requested and con-
sented 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 consideration 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 shcmIn
on the construction plans to be approved by both parties. It is mutually agreed
that as the project is developed to the construction stage, either as a unit or
in increments, both parties shall approve such plans by signature approval there-
on, and a copy of such plans for the unit or for each increment as such incre-
meant? is developed will be attached hereto, marked "Exhibit A". and made a part
hereof in all respects.
Form 1069
170
00
DIJAW of ±11 and ExistOng Utilities
The City will provide without cost to the State a r
ght of way for
the project free of all obstructions and encroachments,
W of a width suf-
ficent to provide properly for the improvements shown on
Ve plans. The
City will provide without cost to the State for the installation,
removal
or other necessary adjustment of any and all utilities an
I services, whether
publicly or privately owned, as may be necessary to per
; the proper im-
provement, maintenance and use of said project. Existing
utilities shall be
adjusted in respect to location and type of installation
on accordance with
requirements of the State. If, upon receipt of written r
, Ques by the Statq,
the City does not promptly carry out any provision of thi
'' paragraph and
delay results in additional expense to the State, such exiense
will be the
direct charge and obligation of the City.
Construction RPLes&gp2oLsylibDiill-ILV-Ieas
The City and the State will provide for the Ritems ff construction
for which each has assumed financial responsibility.
For the items of construction which are the State'; financial re-
sponsibility, the State will prepare or provide for the construction plans,
advertise for bids, and let the construnion contract, or otherwise provide
for the construction and will supervise the construction, reconstruction or
betterment work as required by said plans. As the pro jec; is developed to
the construction"Kage, either as a unit or in increments the State will
secure the City's approval of the construction plans for ach increment or
the unit prior to award of contract. I
If there are items of construction which are the My's responsibility,
the City will prepare plans and accomplish construction, ind the design and
construction procedures will be subject to inspection and approval of the
If
State. if desired by the City and approved by the State, any part or all of
the items of con,strucion which are the Gity's responsibil,ty may be included
in the plans and made a part of the construction work to undertaken by the
State. In this event the State will prepare the State t cost of the items
which are the City's responsibility. The details of articipation and
method of payment will be covered by a separate agreement o be executed be-
tween the City and the State prior to the undertaking of cos'lInstruction.
General
The City and the State on the 17th, day of June 1559
entered into an agreement, hereinafter called " Mun1?pal 7TwWenance__
Agreement", establishing the responsibilities of both Par-les in respect to
the maintenance and operation of the then existing system 'l f highways within
the City. This Yunicipal Maintenance .Agreement -includes We provision that
in the event the system of highways is changed, the full Iffect and all con-
ditions of the Municipal haintenanne ACreement shall applt to the changed
highway s7stem unless the execution of a new agreement on' he changed por-
tion is requested by either the City or the State.
The Municipal Maintenance Agreement under the gener'l section headed
"CoveraCe" lists in Paragraph numbered one(l) the section of highway routes
on which the State assumed certain maintenance responsibi hies, and under
Paragraph numbered two (2) lists the sections on which th, City would be re-
sponsible 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 inc ude this project in
the listing under Paragraph nuuMered one (1) for certain maintenance re-
sponsibilities by the State, provided that if any section of this pro-
ject is to be excluded from the listing in Paragraph numb red one (1) and
included in Paragraph numbered two (2) , such section is 1'entified as follows;
it is further agreed by the City and State that io other revision in
the hunicipal laintenance Agreement is required and that 'he full effect and
all conditions of the Municipal Maintenance Agreement sha 1 apply to this
project. The Yunicipal Maintenanee is hereby supplement; d by this construc-
tion agreement for this project, and a copy shall be atta Led thereto and
i made a part thereof n ares
pects rpects. I
Special Conditions
The City agrees to pass and
parking on this route between Twelfth
Street.
enforce an ordinance roviding for no
Street ( St. Highw IT) and Nineteenth
2 § Form lo69
171
Indemnification
It is further understood and agreed between the parties hereto that the
improvement and/or maintenance of they reject 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 6tate assumption, or participation
in the pa, paent, of any of the obligations of the City incurred in the improv-
ement, past or present, of any street,project.
IN AITNES3 WHEREOF, the parties have hereunto affixed their signatures,
the City of GeorgetovwM on the
15tho day of June 19 59 and the
Highway Department on the .17thl", day of June ------ 19 59-
ATTEST:
CITY OF ---GEORGETCUN ----- ----
BY
10YOR
--TT-37 1-e if- iTifiT
6�- -0 -TT-i 7-9-17'-
THE STATE OF TEXAS
Certified as being executed for
the ,jurpore and effect of activating
and r carrying out the orders, es-
tabliKed policies, or work programs
heretofore approved and authorized by
the 6Late Highway Commission:
BY
7XV70 T, Tt " -Mate - pia ig K i a —7* 2 i I —T ,hway '.,Ynr .,iiT er
APPROVAL RECOMNENDED:
District Engineer
Chief 17,ngineer cifHighwayD6'W!jn-
3
Form 1069