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HomeMy WebLinkAboutO-1953-454 454 e 13 . J . MUNICIPAL CcmBTRUCTION AGREEMENT ( Combination Construction, Reconstruction and Maintenance) STATE OF TEXAS I I CCIUNTY OF TRA vm I This agreement made this 6th day of November , 19.2L, by and between Tla.eState of Tems, hereinafter referred to as the "State", party of the first part, and the City of LaPorte Harris County, Tems, , acting by and through its duly authorized officers under an ordinance passed the :5th day of November , 19~, hereinafter called the "City", party of ijhe second part. WITNESSETH --..... Whereas, the City has requested, the State to contribute financial aid in the improvement and/or maintenance on~Iain Street between 1st & 4th streets (Hwy. 225) . and Broadway Street from E street to G street (H\ory. 146) to wi tllin such Ci ty and. has by proper ordinance authorize,d the State to enter upon and improve and/or maintain or assist the City in the im'provement and/or maintenance of said project; and Whereas, the State Highway Commission under date of July 29. 1953 approved a Minute Order! No. 3Wi4l !In;e9--'''~ which includes the project described above, and e Whereas, the State Highway Eneineer, 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 am 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 reg\u.ation of traffic, policing and maintenance of the project upon completion, and,prpvided further, that the City approves the plans, spec1fica tions, alignments and grades of the project, and, ~rovided further, that the City will indemnify the 'Stat\ 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. 1(-9-45-937 D-8 1 . e 14 AGREEMENT. ,; . Now therefore" in consideration of the premises and of the mutual covenants an.d 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 bids" and let the construction contract" or otherwise provide for the construction" and will sUllervise 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 oblisation as mu.tually agreed to by the parties hereto. The State will maintain said street project or such portions thereof or eX.tensions thereto as may be indicated 'on said plans for State maintenance" and such other portions as may be mutually agreed to by the !Brties 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 Danner shown on the plans" which plans when approved by both parties hereto will be attached hereto" Darked "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 :1m.Provement" 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 th~ State" be the direct charge and oblisation of the City. . The City agrees to pay to the State promptly the cost of making repairs to the subgrade or surfacing Dade necessary by reason of the installation" repair" re'moval" 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 !Bssing an ordinance fixing a speed l1m1 t 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 D-8 . :. ".---. e \ . 15 e The City agrees to ,execute all work" eith~r construction or mintenance, at i tos own cost and expense, ehown 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 cla~ f,~,r damge to adjoining, abutting or other property for which the State is or my bEl liable arising out of, incident to or in any way connect'ed with the 1nstalla- tj.on, the construction, the existence, the use and/or'mintenance of such street project and does hereby agree to indemn1f'y the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damge aIld sball, if requested to do so in writing, assist or relieve the State from'- dEtfend1ng any such suits brousbt against it. Nothing herein contained sball be construed to place upon the State any lIELDDer of liability for injury to or death of persons or for damage to or 10s.8 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 barmless from any damges ariS'ing f'rom said mintenance and/or use of said street project. It is unde;rstood and agreed between the parties hereto tba t the City by v:Lrtue of' the provisions of its cbarter and the laws of the State of Tems bas e:rc1usive control of and jurisdiction over all streets and public ways within the incorporated 11m1ts of such city and. tbat the City has requested and consented tC) the construction of the above street project hereinabove named and the State ill 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 031 the plans attached hereto and marked "Exhibit A" are mde a part hereof. In cuse of conflict between this agreement and said plans, the plans shall govern. Nothing in this agreement sba11 be construed to place any liability on the C:Lty for personal injury arising out of the construction of such street project. It is understood and agreed between the parties hereto that all obligation 0:E' th" State, created herein, to maintain the herein above described street proJ- el~t sball end and ter.m1nate if and when the State sba1l abandon, cancel or re- LJcate such designation. It is further understood and agreed between the parties hereto tba t the tlD.provement and/or maintenance of the above project by the .State is for the E!ole p~ose of providing the travelling publiC a more adequate travel facility and s:ba.ll never be the basis of any clam. for State assumption, or participation in the payment, of any of the obligations of the City incurred in the 1mprovement, p~st or present, of any street project. Prior to completion of the proposed construction, the City agrees to pass an Ordinance providing for parallel parking only within the limits of this projeot. 3 M-9-45-937 D-8 ", e . 16 .. , - -- , . IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of 6th LaPorte on the Highway Department. on the day of , 19.2L.and the , 19 53 . day of November ATTEST: f. j!. ;J,ML~ ,& ./T-:---;... THE STATE OF TEXAS ,... . ~ . .... .-...... .V 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: , . - . ~: BY Chief Engineer of Planning APPROVAL RECOMMENDED: District Engineer .....--. ~ . Engineer Road Design e Engineer, Land Service Roads M-9-45-937 D-8 4 . .._~~" . . ~, , ".".., ',~."" ." .,' .. e . Form 1002 MUNICIPAL ORDINANCE No. 454 (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF StateHIGHWAY NO. 225 . IN THE CITY OF LaPorte, Texas from 1st st. to k!!b st. and the portion of S. Hwy. 146 from E to G Streets. , BEREIN@OyE.)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 '!'BE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, RECONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREEl' PROJECT; FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY, AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER ~OPERTY, AND FOR E)ql:ENSES 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 portioreof state Highwav 22~ and 1h6 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 pr.oject 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 5. Tha~ nothing in this ordinance shall be construed to obligate the State of Texas to pay any direct, incidental, or consequential damages to ad,joining, 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. l' .00; .' . --.. ,. e' .~..... . ~_.-......... . .. . e 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 c~ges 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 reconstruction, existence, use and maintenance of said Eltreet project and does hereby agree to indemnify the State of Texas against all c:ourt costs, attorneys' fees and all expenses in connection with suits for such cLamages, 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 fot: (~ges to, or loss of property arising out of or in any manner connected with the rmintenance 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 n,ccordance with and for the purpose of c~rying 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 l?rOper 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 lfith expedition and that the contract aforesaid shall be immediately made, executed l:lond delivered to the end that such work herein provided for may be begun and c:arried our promptly and with expedition. The reading of the ordinance on three l:several days is hereby dispensed with and the same shall be in full force and .:!ffect from and after its passage. 2 " . . e Form 1002 ..--~ . S~'ATE OF TEXAS I COUNTY OF Harris I I, J. E. Muldoon the duly appointe~, ,...-...... q.~alified and acting city secretary of the City of laPorte , .~ 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 November 6 , A.D., 1,9 53 , at lD!OQ o'clock A. M. To certify which, witness my hand and seal of the City of laPorte '1.'EXAS, this due 6t.h day of Nov. , 19..5,L, at TAPorte Texas. ~. .tC.~~ City Secretary of the City of LaPorte Texas ...... --"'-.. , :.. .' Ordinance (Highway Projects) 3