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Ord 1436 7/14/1947 MUP:ICIPAL ORDINANCE ,�` / 9( G (Construction, Reconstruction and Maintenance) AN ORDIN,�NCE 1ROVIDTNG FOR THE.....-CONSTRUCTION AND MAINTENANCE OF THE PORTION OF---...jS-_HIGHWAY NO$2.277IN TEE CITY OF .........W.I�G1=A--yhbla8 - T HEREINABOVE REFERRED TO AS "Taff SiItEET PROJECT" AND AUTHORIZIPdG THE iKAYOR OF THE CITY TO a''_`ECUTE AND TEE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAREI A C 2TAIN CONTRACT BLIVEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THI; INSTALLATION, CONSl'RUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID S7- PROJECT: FOR TEE INDEMNIFICATION OF TEE STATE OF TEXAS, BY THE CITY AGAINST ALi, DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF': AND DECLARING AN EMER3ENCY 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_..6th--S't._0n..IDS.,22.�M..f .. gt .. t,, be_- wconstructed. 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 Stag is liable, arising out of, incident to, and in any way connected with the installation, the.,p.,construc- tion, the existence, the use and maintenance of the street project or the passage and enforcement of this ordinance., NOW THEREFORE, BE IT ORDAIFED BY THE CITY COUNCIL: SECTION 1. That since the public convenience, safety and necessity of 'she city and the people of the city require it, said street shall be ..__;pwconstructc.l.. 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 hareof 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 ether property in enforcement of this ordinance or by reason of the installation, .fp~ construction, existence, use and maintenance of the street project authorized herein. 1 10-43-1083 SECTION 4. For and in consideration of the rautual covenants herein con- tained, the city doea 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........ccnstruction, existence, use a d maintenance of said street project and does hereby a. ree 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. Wothir,7, contained herein shall ev r be construed to placo 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 r,:aintenance or use of the street project and the city will save the State of Texas har_rlless 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 crdinance, 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 pro_L�er 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 expendition 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 10-43-10 83 r STATE OF ILT AS COUT TY OF Geo.I T. IIenderson_ _. , the duly appointed, qualified and acting city secretary of the City of__._ wJicl ita Fails -. : - __ . _ ._... , Texas, hereby certify that the foregoing pages constitute a true and cor-.-act copy of an ordinance duly passed by the City Council at a meeting held on July ll.tY. .., A.D., 19 ' 7_ , at .7-3.0_.. . .o'clock _P.. _M. _ ..... ... .. .._........._.-- 4 To certify which, witness my hand and seal of the City of ""ichita Fc.11s ._............._ .. . TEXAS, this due -_.- 1;tL�.. _._.. ..__ day of . .. __. ._ July_... .. , 19 _-.'+.7, at :;i c: it :a11s Texas. City!Secretary of the City of r- -- �cLit�� Fa11s Texas Ordinance (Highway Projects) 10-43-1083 3 M TICIPAL CONSTRUCTION AGREES T ( Combination Construction, Reconstruction and mhintenance ) STATE OF TEXAS COUNTY OF TRAVIS This agreement made this. !+t day of T:. l�r , � ? 19 ;. ..., by and between The State of Texas, hereinafter referred to as the "State", party of the first part, and the City of_ _... ichita Fa21s Vlchita - ; City, Texas, act:;ng ,y and through its duly authorized ::;f7'Licers under an ordinance passed the 1L"`".' .da o f L ul y y - , 19 . .'. .', 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 -_.- 6th St. on US 82-277 __.. . . ....... ... . ......Street from Justin St. __..... .... .... .......__.... ..... . . .-- --..to .-..--....roar€ St. . ... ....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 has . ............ .Approved a -- _ 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 e construction preparing plans for said improvement and supervising th saion, reconstructi plans condi- a� or betterment work as provided in said plans or may be provided in d tioned that the City, as contemplated by Senate Bill 415, Acts 4in 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 aligr the project, and, provided further, that the City will indemnify the sState and gagainst rades f all danages 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. 9-45-937 D-8 1 n r 4TRTT Pt, 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 bids, 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 hout cost to the State and will not, in the future, permit shown on the plans, wit 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 utilitis or services, which may occur after the completion of the street project, e The City agrees that it will refrain from passing an ordinance fixing a speed limit on the above mentioned street project of under twenty:lour nor will it allow the erection of signs, semaphores and/or signalsmiles per give preference to local routes which intersect with the said that will that will slow up, hinder or delay traffic on said above mect nor r�tionedestreo+e.�r�ject. The City will at its own expense maintain all street lights, traffic 1_gb-ts and signal devices on said project, and sweep, flush and otherwise keep said street project in a clean and sanitary condition. 9-45-93 7 D-8 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 insalla- 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 herein .above 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 plans 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 9-45-937 D-8 The State Woes to maintain the surface and its supports (from Pace to face of curbs), usual highway route markers and signs, and traffic stripes. The City agrees to do, at their own expense., another msintaname features including drainage and other features herein mentioned. It is specifically understood that the City shall continue to control and be responsible for all these things that affect property, life, public health, etc. IT IS FURTIMM AGRM0 that the City will pass and enforce arq ordinance necessary to re elate parking such that only parallel curb parking will be permitted, and IT IS FURTK. AGRM that the City will regulate encroachments on the right- of-way to the extent of prohibiting the erection of comwarcial signs on or over tb6 right-of r and to prohibit cowercial enterprises from establishing P02M&- n*nt or temporary businesses on the right-of•-vay, and IT IS FIII;T M ACR.ZD that, prior to authorisation of work involving dis- turbance of exieting street paventss, such ascutting pavement for purposes of installing,, connecting, adjusting, or maintaining utility lines, or for other purposes, the City will obtain concurrence of the District Office of the State UghWay Department, and The State agrees to assume smiutenance on the date of completion of the proposed reconstruction, 3a °EXHIBIT B" IN WITNESS WHMEOF, the parties have hereunto affixed their signatures, the City of Wichita.. ....Falls ....... n the ........................................................ _........_............................ _l.a+,'t.:.....................................day of.................._....J!!: Y`........_........... _. 191_ry......., and the Highway Departmenton the .................... day of ..............................-------.._---------------------., 19.......... CITY OF . .... ATTEST: _.............. BY ....._........................_------. � Y �.. ',1AYCr. (Title of Si;;ning Official) APPROVED: THE STATE OF TEXAS BY .............. State Highway Engineer - -------------------_... ------... ........_.......... ----.................................... Chairman, State Highway Commission APPROVAL RECObOMED: -a......................................... . ...... .. ........................... .. Member; Stte Highway Commission _....... x-�`- .............................. Di trict Engineer ..........................._...-................. Member, State Highway Commission Note: Any official signing for and on behalf of a municipality should attach an original or authenticated copy of order, resolution, ordinance, or charter provision, or a citation to statute, under the authority of which this agreement is executed. Each agreement should be executed in duplicate. 9-45-937 R 4 D-8 a fitof 4!• I aiF _ .a W 2 I Z W . C^tic F-?r - e. 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PORTION OF.. ...J5.. .HIGHWAY N08 -27.'TLN THE CITY OF .......-kiIGHI�,�.. ... .. 2. .. _.................. _... ..................................................................................._.-.................. ..............._..._ . . , HEREINABOVE REFERRED TO AS "THE STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARYITY �ITH��STATREY�FAZEXAS PROEAL VIDINGATTEST FORTHE THE SAME, A CERTAIN CONTRACT BETWEEA INSTALLATION, CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET PROJECT: FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY SHE CITY AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF: AND DECLARING AN EM1E2GENCY 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 .._.6th..St..... -2.7.7...�xo7Qt.Aust�la..St• to_.Broad„St........................... . .... ... . . . . ..................................................................... .......................... ............................... be_.re-. constructed. Since the existing street constitutes a danger and serious n- 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 constructicn, 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 d-,Lmsge to ad5oining, abutting or other property for which the State is liable, arising out of, incident to, and theause way andconnected maintennancewith ofthe theinstallation, pro�jecthor the pnstruc- assage lion, the existence, 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...__re-constructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon ....x'e-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. ,ECTION 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 othor property in enforcement of this ordinance or by reason of the installation, _re- construction, existence, use and maintenance of the street project authorized herein. l 10-43-1083 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, al^ising 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 ted to do so in writing, assist• or relieve the State damages, and shall, if reques of Texas from defending any such suits brought against it. SECTION S. 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 expendition 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 STATE OF MINAS COU TY OF... Wichita ..... I, _.. ..............Geo•.. T•...Henderson. . .... . ..._ .... ... _... ..... ......_-.. .. ., the duly appointed, qualified and acting city secretary of the City of___-._Wichita Falls 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 July 14 - A.D. , 19 _ 1r7.. .._ , at 7,.39.. ..P.o'clock '. . ..M. To certify which, witness my hand and weal of the City of _.Wichita Falls TEXAS, this due ... ... _ -15..._....- ._.day of _ 41y..........._ . ._ , 19...�;7.., at Wichita' Falls Texas. City cretary of the City of _...W.L91; a,Falls.........Texas Ordinance (Highway Projects) 10-43-1083 3