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
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`II -
MUTIICIPAL ORDINANCE
(Construction, Reconstruction and YtLintenance)
AN ORDINANCE PROVIDING FOR THE-....CONSTRUCTION AND MAINTENANCE OF THE
.. ................... ..
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