Loading...
HomeMy WebLinkAbout1954-12-02 Municipal Construction AgreementMUNICIPAL CONSTRUCTION AGREM40T ( Combination Construction, Reconstruction and Maintenance ) STATE OF TESAS X COUNTY CF TRAVIS This agreement made this.* —day of , 19-5L, by and between The State of Texas, hereinafter referred to as the "State", party of the first part, and the City oP .G+.arcr;ll , Fra+h County, Texas, acting by and through its duly authorized officers under an ordinance passed the � 0 day of 4 !lE r , 19_5L, 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 F M 2157, Known as Rocky Point Road from its antranra intn the Enst City T.imit. to Highway No U S 281 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 Tan_ 270 195)1 approved a Farm -to -Market Road 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 plane, 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 i D-S A 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 plans, 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 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 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 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. 2 M-9-45-937 n-8 The City agrees to execute all work,- either construction or mintenance, at its own cost and expense, shwa on the plans,- which is or my 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 adjoin, 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 mintenance 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 damge to or loss of property arising out of or in any manner connected with the mintenance or use of the street project and the City will save the State harmless from any damages arising from said mintemnce 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 mde 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. 3 M-9-45-937 D-8 U IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of StAphorX11,10 on the / `1 IX- day of �` 4 %� , 19_lk_and the Highway Departmenton the day of ATTEST: CITY OF 2tdP WYBd BY (Title of Signing Official) M-9-45-937 D-8 THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: 1 BY Adm istrative Engin APPROVAL RECOMMENDED: District Engineer Engineer Road Design � ?i"q � / ifnzog-ilieJr, Land Serlice Roads 4 a3N!R!g OYQU 13133 QNYI Form 1002 MUNICIPAL ORDINANCE (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF FJL HIGHWAY NO.,= IN THE CITY OF 1 s 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 THE 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 SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the city, and the people of the city require that the portion of ?JL 1157p lama as &Mft Pa4nL g0 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, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. That since 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 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 consequential damages to adjoining, abutting or other property in enforcement of this ordinance or by reason of the installation,_ construction, existence, use and maintenance of the street project authorized herein. 1 Form 1002 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 construction, existence, use and maintenance of said street project and does hereby agree to indemnify the State of Texas against all court costs, attorneys' 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 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 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 our 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. Fi g 1 Form 1002 STATE OF TEXAS COUNTY OF _ RUM i r i t 1� Lsr ON1N , the duly appointed, �t qua,lified and acting city secretary of the City of ft"161 41t. Teas, hereby certify that the foregoing pages constitute a true and correct copy of gm ordinance duly passed by the City Council at a meeting held on i Ldatnber 190 A.D., 19—_, at 7900 o'clock p• M. r To certify which, witness my hand and seal of the City of bt8 pbsnyil!* j TEXAS, this due 19th day of O tOa! , 19 AL, at Texas. i i City Secretary of the City of w31L Texas 1 P I Ordinance (Highway Projects) 3 U T r a+n°,'��Q QhQB 331�'�3S QNtlI