HomeMy WebLinkAbout1954-07-11 Construction AgreementMUNICIPAL CCNSTRUCTICN AGPMME2IT
( Combination Construction, Reconstruction and Maintenance )
STATE CF TEXAS X
X
CCUM CIF TRAVIS X
This agreement made this day of dame , 19.5L, by and between
The State of Texas, hereinafter referred to as the t'Stae", party of the first
pert, and the City of b _ , 2rah _County, Texas,
acting by and through its duly authorized officers under an ordinance passed the
8tth_day of June , 19--q1, hereinafter called the "City", party of
the second part.
W I T N E S S E T H
Whereas, the City has requested the State to contribute financial aid in the
improvement and/or maintenance on iJ6 am i�
• „ � z: YTS
to Nlb. UJ6 6! 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 maintenance of said
project; and
Whereas, the State Highway Commission under date of J� VAM approved a
l@G program of work which includes the project described above, and
Whereas, the State Highway Engineer, acting 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 maintenance of said street
project by furnishing the funds 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 may 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 providing adequate and appropriate means for the regulation of
traffic, policing and maintenance of the project upon completion, and,provided
further, that the City approves the plans, specifications, 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, construction, existence, use or maintenance of said street proj-
ect and the passage and enforcement of the ordinance herein referred to.
M-9-45-937 1
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AGREEMENT
Now therefore, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto 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 project
will prepare or provide for the plans and specifications, advertise for bide, and
let the construction contract, or otherwise provide for the construction, and will
supervise the construction, reconstruction or betterment work as required by said
plane, and will pay the cost of those 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 my 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 agree 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 in the
manner shown on the plans, which plans when approved by both parties 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 improvements
shown on the plans, without cost to the State 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,
_ lowering, removal or other necessary adjustment of any and all utilities or
services, whether publicly or privately owned, as may 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 State 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
services, 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 twenty (20) miles per
hour nor will it allow the erection of signs, semaphores and/or signals that will
give preference to local routes which intersect 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 awn 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.
2 M-9-45-937
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The City agrees to execute all work,either construction or maintenance, at
its own cost and expense, shown on the plans, which is or may 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
and shall, if requested to do so in writing, 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 project.
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 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 hereinabove named 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 and 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 plane shall govern.
Nothing in this agreement shall be construed to place any liability on the
City for personal injury arising out of the construction 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 any street project.
9
M-9-45-937
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Iff WIMMS WMECF, the parties have hereunto affixed their signatures,
the City ofStephenville on the
8th day of Time , 19-51�-, and the Highway
Department on the 1—' day of , 192�
ATI78T:
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CITY (IF
Mayor
(Title of Signing Official)
.•,.. , - THN STATE Cr .:1W
BY M .... .
f' F.
PRIgh:way Commission
Member, State Highway Comdi.esiou
Member, State Highway Commission
District Engineer Ip
g for and behalf of a
an origins or authenticated
ordinance, or charter provision,-,
under the authority of which thisz,
,ch agreement should be executed:!
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MUNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR THE CONSRiiii NTENANCE OF THE
PORTION OF, ..,PA IIGHWAY NO. $W.IN THE CITY OF
HEREINABOVE REFERRED TO AS "THE STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE
CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE
SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE
INSTALLATION,._. CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET
PROJECT: FOR THE INDEMNIFICATION OF TEE STATE OF TEXAS, BY THE CITY AGAINST ALL
DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION
WITH ANY CLAIM OR SUIT THEREOF: AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS
ORDINANCE SEALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the public convenience, safetypnd rale it of the c_iit, and the
people of the city require that the portion of1=.... t..._M._...... ...+......
be constructed. Since the existing street constitutes a danger, and serious in-
convenience to the public, it is urgently required to be remedied; and
WHEREAS, the city has requested the State of Texas to contribute financial-
ly in the street project; and
WHEREAS, the State of Texas has made it known to the city that it will
assist the city in the street project by furnishing the necessary funds for actual
construction, reconstruction and maintenance; and by supervising construction, pro-
viding the city approves the plans, grades and alignment for said project; and
WHEREAS, the city, in consideration of the providing of said project,
agrees to indemnify the State of Texas against all damages or claims for damage to
adjoining, abutting or other property for which the State is liable, arising out
of, incident to, and in any way connected with the installation, the_ ......construc-
tion, the existence, the use and maintenance of the street project or the passage
and enforcement of this ordinance.
NOW THEREFORE, HE IT ORDAINED BY THE CITY COUNCIL:
SECTION 1. That since the public convenience, safety and necessity of the
city and tj�e people of the city require it, said street shall be ,.__.constructed.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon _._„_..construct and maintain the street project at the location and in the manner
shown on the plans, attached hereto and marked "Exhibit A" and made a part hereof
in all respects.
SECTION 3. That nothing in this ordinance shall be construed to obligate
the State of Texas to pay any direct, incidental, or consequental damages to
adjoining, abutting or other property in enforcement of this ordiancne or by
reason of the installallation,...... ... ...... construction, existence, use and maintenance of
the street project authorized herein.
1 10-43-10B3
1954VI
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SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city does hereby agree to indemnify the State of Texas against all
damages and 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 ...... .coastruction, existence, use and maintenance of said
street project and does hereby agree to indemnify the State of Texas against all
court costs, attorney's 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.
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
damages to, or lose 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 and 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 and 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 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.
2 10-43-1083
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STATE OF TEXAS
COLM OF -100
................................... ............. .. ............................ the duly appointed,
qualified and acting city secretary of the City of ...... O"JIMIN.N.1.24- ............... ...................... � )
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
.......... -J.une .... 8 ....................................... A.D., 19..54......... Y at - ......... t-W.9 ....... O'clock M.
To certify which, witness ny hand and seal of the City of
TEXAS, this due, ... .... 8th- ................. day of ........... J.=e .............. ....... ... ..... ... 1 19-54 at
............I ... ......... Otaph.EUMUIP.0 .................. . ..... .. .. - Texas.
Ordinance (Highway Projects)
10-43-1083-
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ta/ry 0 �y of
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....Stephenville,.._ ....... --- . Texas
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