Ordinance No. 51ORDINANCE NO. 51
+� MUNJICIPAL MAINTENANCE ORDINANCE
AN ORDINANCE PR[�VTDING FOR THE MAINTENANCE OF TEE, PORTION OF
$_.....- .- ...._ ... ........................HIGHWAY NO......... .... ... ........ _.. ............................ ......_1N THE CITY OF
COUNTY OF ............. ....... ... ......... ..... ....... .......... ..... ......
.... ,
TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND
AUTHORIZING THE MAYOR OF THE CITY, OR OTHER AUTHORIZED CITY OFFICIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME, A CERTAIN
AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR
THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DE-
CLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD. BE
EFFECTIVE FROM AND AFTER ITS PASSAGE.
.rJRFAS, the Public convenience, safety and necessity of the
City, and the people of the City require that the portion of ........................ ...... ............................_..
_.......__.. ............ :...�t.._..i�._Ii�g�....fls�t� o....nzur,....3'cat
................_...-...................................................._....................................................._.................................................................... ............................... .
be adequately maintained; and
4MZREAS, 'the City -has requested that .the State of Texas, enter
upon and contribute financially to the maintenance of said project; and
1
WHEREAS, the State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole cost and
expense, enter upon and maintain said project.
NOtd, THEREFORE, BE IT ORDAINED by the GWL
................................_.. ......................_._...... _..........-........................... ..............__._........_....
................................... ... ........... ...............................
A
SECTION 1. That since the public convenience safety and necessity
of the City and the people of the City require said project be adequately
maintained.
SECTION 2. That the State of Texas be and is hereby authorized to
enter upon and maintain said maintenance project.
SECTION 3. That the Mayor, or proper City official, of the City, be and
is hereby authorized to execute for and on behalf of the City an agreement
vrith the State of Texas, in accordance with and for the purpose of carrying
out the terms and provisions of this order, in the form attached hereto and
marked "MUNICIPAL MAINTENANCE AGREEMERT." The City Secretary is hereby
directed to attest the agreement and to affix the proper seal of the City
hereto.
SECTION 4. 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 agreement afore-
said 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.
lO -43 -108+
R
1
Yor
LI
i
STATE OF TEXAS
COUNTY OF' HAMS Q
....................... .
T, ...Edna Oliver, , the duly appointed,
qualified. and acu,ing city secretary. of the City of BAYT ,
.................. ...............................
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 21j,_ _ . . .......... _, A.D., 1949 ..._.. s at 7 :30....... o'clock p....r•i.
-To certify which, witness my hand and seal of the City of .. BAYTC=
TEU�S, this due 22nd ... ............ day of ......JuIy........... _... 1949...... s at
HAYYY�1
__.. .. . �...... Texas ,
Ordinance ' (Highiiay Projects'),
6 -40 -2673
City Secretary of the City of
....- .......
..,..Texas
3
EU ICIPAL MAINTENANCE AGREEMENT
(For Maintenance Only)
SPATE Or TEXAS
rOiJITY OF TRAVIS j
IRIS AGREEMENT made this ................. day of ................... .............................., 19. �_ .., by an& be-
tween the State of Texas, hereinafter referred. to as the "State ", party of the
first part, and.
the City of .....
. . ... ..........
AARIZIS
County, Texas,
(population .....6,
000 .............................
, 1940 Federal Census) acting by
and. through its Uly authorized. officers,. hereinafter called. the "City ", party
of the second. part.
W I T N E S S E T H
WB. REAS, the City has requested. the §jgte to assume maintenance on. the route
now being traversed. by,,,,,,, Buy. Nc....1.4..d....... within such city;' and.
F=RE_AS; the Lei ielature of the State of Texas d:id. enact Senate Bill No. 415,
effective 14-oy 15, 1939, authorizing and. empavering the State Highway Commission
® is its discretion to enter into contracts or agreements with the governing
bodies of incorporated. cities, tows, aad. villages relative to the location,
relocation, construction; reconstruction, an& maintenance, control, supervision,
and. r'egula t ion of d.es igna ted. State highways within or through the corporate
limits of'such municipalities; and.
EEP.S; it is the general policy of the Department to confine its assistance
to the traveled. surface of the streets and. thooe' things beneath such .traveled.
surface necessaz T for the proper support of same under the vehicular loads
encountered.; and. , .
WTEREAS, as a general policy, all of those things that affect property
rights, life, health, etc., of adjacent praporty owners and. dw. - allers within the
limits of the municipality, shall remain a function and.responsibility of the
municipality itsa f; and,
WTEREW, it is Puz,ther the general policy of tho D.;partment when so
requests& by the proper governing officials of an incorporated. city, towh or
village, and. agreeaunt provisions can bo agreed. vpon, the State Highway De-
partment will maintain the traveled. sitrfoco and. its support on highway routes
through nanicipal ities with a population of 15,000 or lees as reflected. by
the last available Federal Census; and.
Z=E_AS, the Department's general policy provides further that State
maintenance may be assumed. on hi.ghwoy routes into those citica,with a. popula-
tion in excess of 15,000 as shofar_ by the lost ona.ilable Federal Census,
except in the congested, or dre;ntown sections of such cities; and.
WrTEEIAS, all maintenance agreements made with cities, towns, 'and. villages
are for the purpose of maintenance and. shall in no wel be considorc.d: to corer,
10 -43 -1072 1
LJ
W
any present or past obligations either real or anticipated concerning such high -
wazr routes through municipalities;
Milli, 'F'HEREFORE, IT IS AGREED that maintenance will he assumed by the State over
the above highway routes z °rithin said City in strict accordance with Highway Com-
mission-policies, as stated above, "governing maintenance of highways into or
through municipalities- Further detailed description of streets involved and
specific responsibilities of contracting parties are as follows:
S. Mb7W Ao. VA from = thouat oity 11mtte of $eqOom to cough city Limits of
It is further agreed that on rural sections of the highways involved, that is sec-
tions with open ditch for roadside drainage, responsibility of State shall extend
from back of ditch to Back of ditch. On such sections no roadside drainage struc-
tures or roadside approaches shall he authorized except with concurrence by State
Highway Department.
® On urban sections of pavement, that is pavement with curb and gutter, responsibility
of State shall extend from gutter to gutter. Responsibility of State on such sec-
tions small cover.only maintenance of that portion of the street which is used for
vehicular traffic. work shall consist of maintaining the surface of the pavement
and those structures which support the pavement. It shall he the responsibility
of the State to erect and maintain sufficient signs to identify and locate the
various highways and to place such longitudinal marking as may be of assistance
to vehicular traffic.
It is further agreed that all things affecting the property rights, life; health,
etc:, of adjacent property owners and the maintenance of such other features not
made part of the responsibility of the State Highway Department, such as street
cleaning, street marking, landscaping, planting, moviing, disposition of drainage,'
and traffic control shall he the responsibility of the City; except that conform-
ing with Uniform Act Regulating Traffic on Highways enacted by the Fiftieth
Legislature, Article III, Section 30, Paragraph 11b11, no existing traffic signals
shall he changed and no new signals shall be erected without permission of the
State Highvray Department.
It is further agreed that on State Highways the City shall pass ordinance prohibit-
ing other than parallel parking unless and until concurrence on other parking is
obtained from State Highway Department.
It is further agreed that the City shall furnish to State Highway Department all
legal and executive assistance necessary in keeping roadside ditches open, giving
Highway Department right -of wav to erect necessary signs, street markings, etc.,
and shall provide necessary police assistance in controlling traffic when neces-
sary for proper maintenance.
It is further agreed that City shall issue such permits as it deems necessary for
placing underground utilities, etc., beneath surface of pavement; however, such
® work shall be done under specifications previously, approved by State Highway
Department, and State Highway Department shall he' notified two days in advance
of beginning any such construction.
Effective date for beginning of this maintenance shall be date of execution of
this contract.
IN FITNESS 11fIREOF, the parties have hereunto affixed their signatures, the
City'of
on the 21st day of July , 19h9 , and the
Highway Department on the day of 1949
r �
ATTEST:
City Clerk
Title)•
CITY Or BMW
2 "Ag r�
By .
e o Signing 0 ici.a Yor
APPROVED: STATE OF TEXAS
By
Chairman, State Highway Commission State Highway Engineer
Approval Recommended:
meter, State Highway Commission
Mem er, Sae Highway Commission DisUrlct Engineer
Note: Any official signing f or.and on behalf of a municipality should attach an
original or authenticated copy of order, resolution, ordinance, or charter pro-
vision, or a citation to stature, under the authority of which this agreement is
executed. Each agreement should he executed in quadruplicate,
-3-
MUNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenancd)
O-fill! OFDINANCE PROVIDT FOR THE.,... ... CON$TRUCTION AND MAII�TTLIVANCE OF THE
Stat.e 14b B HarriS Count Texas
PORTION Or ................HIGHWAY kVO............. IN THE CITY :OF ............ �t------..................... ......Y.,......_..............,
..... ................... .................................................................... .. ... ..... .......... .... ........... ......... ...................... ....... .............. ................................... ...
HERE.INABOVE REFERFiID 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 BETTdEEN THE CITY AND TEE STATE OF TEXAS PROVIDING FOR THE
INSTALLATION, ............. CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE 'SAIL STREET
PROJECT: FOR THE INDEINNEIFICATION OF THE.STATE OF TEXAS, BY THE CITY AGAINST ALL
DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, A "'D FOR r ENSES IN CONNECTION
WITH ANY CLAIM OR SUIT THEREOF: AND DECLARING AN': EAE2GMICY AND PROVIDING THAT THIS
ORDINANCE SHALL BE EFFECTIVE FROM VM AFTER ITS PASSAGE.
WHEREAS, the public convenience, safety and necessity of the.city, and the
people of the city require that the porticz of .S:... ...11t6..ixom• .legs].- .south..6itg.-- 1.4 -mits
to..Gaose..Crac is Stx$am- .and.Spur ..2017..- betxee n.. lel..Cit ._.24mlta.- and,,Sta, 70 ........
be............ constructed. Since he existing street constitutes a danger and derious in-
convenience to the public, it is urgently required to be remedied; aad
WHEREAS, the city has requested the State of Texas to contribute financial -
-y in the-street project; and
oWHEREAS, the State of Texas has made ib known to the city that it will
assist the city in the street pro„cct by furnishing the necessary funds for actual -
construction, reconstruction and mainte� nco; and by supervising construction, pro-
viding the city approves the plans, grades and alignment for said project; and
VHEREAS, the 'city, in consideration of the providing of said; project,
agrees to indemnify the State of Texas vainst all damages or claims for dame 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 passa,go
and enforcement of this ordinance..
W THERR SORE, ' BE IT ORDAINED BY THE CITY COUNCIL:
SECTION 1. That since the public convenience, safety and necessity of the
city and the peop16 of the city require it, said street shall be
SECTION 2. That the State of Texas be and 13 hereby authorized to enter
upon ........... construct and maintain the street project at the location and in the m.Bnner
shown on the plans, attached hereto and market "Exhibit A" and made a part hereof
in all respacts.
SECTION 3. That nothix q in this ordinance ohal� be construed to obligate
the State.of Texas to pay any direct, incidental, or consequental damages to
adjoining, abutting or other property in dnforcement of this ordinance or by
reason of the installation, construction, existence, use and maintenance of
the street project authorized herein.
1 10 -43 -1003
SECTION 4. For and in consideration of" the mutual coenarrCa "heron -con "
tainedY 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 p3ace 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 Texati
harmless from any damages arising out of said.. ma�i ntenance and /or use -of said street
pr.QJec t .
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
accordanc-e'riith and-for the-:purpose of carrying out the terms and provisions of
this ordinance, in the form attached hereto and marked "Exhibit B ". The Citv
Secretary is hereby directed to attest the agreement and contract and to af-x 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 provideelfor may be begun and
carried out promptly and with expedition. The reading of the ordinance on three
several days is hereby dispensed with end the same shall be in full force and
effect from and after its passage.
s
•
2 10 -43 -1083
}
STATE OF SAS i
COUTd TY OF � . r
. ....:...}...Ayer_ .• . .�
I,........::.Edna Oliver .......... .............. .....'�.. .................. ..:........:.:..........- ....., the duly. appointed.,.
q alified and acting city secretary of the-City of ............ .......BaytQ,. .............. _. ............ -.,
Texas, hereby certify that the forre&oing. pages -- c-onatitute- a_. true - -and correct
copy of--an-ordinance duly-passed by the City Council at a meeting held on
l sag.. 11th . ................ .....
A.D., is .......4.9 ....., at 7..1.40..... o'clock ... P.......M
To certify which, witnee rpy hand and Beal of the City of ............ Baytorm••-.- ......
J 11th .................. da at
TE_�A,S this due..._........... y of .- ...y- _.......... , 19.....9..,
................... ... .......................Texas .
C ty Secretary of the City of
Baytoi�m- Texas
. ......... ............................... .
Ur Airnanae "Projects)
10 -4.3 - 10& 3
u
State Highway Department
District No. 12
HOUSTON, TEXAS
MAY 16 1949
RECEIVED
7
•I
0 �
MUNICIPAL CONSTRUCTION Ate)?
( Coinbination.Construction, Reconstruction and Maintenance )
® STATE CIF TI AS
ca= aF
This agreement made this day of
, 19_, by and between
The State of Texas, hereinafter referred to as the "State ", party of the first
part, and the City of Baytmm ; . Harris _ County, Texas,
acting by and through its duly authorized officers under an ordinance passed the
. Uth day of
the second part.
may
,. 199, hereinafter called the "City ", party of
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 5tato . Highwq I
Street from 20ga1 SMth Gity Limits
to Goose Creek SLre= and 201 betwom 1e al citY within such
_IlUts and.
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 0d. 150 1914& approved a
CWAMCtioa 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 Hill 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 l
D -8
1
A G R E E M E N T
® Now therefore, in consideration-of the premises and of the mutual covenants
and a.greoLvnts 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 improvoment of said street project
will prepare or provide for the plans and specifications, advertise forbids, and
let the construction contract, or otherwise provide "for the construction, and will
supervise the construction, reconstruction or betterment work as required by skid
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 .
oaid street project except those portions as mzy 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
extenoions thereto as may be indicated on said plans for-State maintenance, and
ouch other portions as may be mutually agreed to by the parties hereto. The Stato.
mill maintain. the Project covered by this ag re=mC,
The.City, in consideration of the mutual covenants herein contained, does
.hereby agl•co 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 pert hereof in all respects.
not
The City will/po=i6madu OW
s
in the future, permit
encroachments on skid 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
sorvices, 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 curry out this provision upon the written request of the
engineer shall, if such delay reoults 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 abovo mentioned street project of-under twenty (20) miles per
hour nor gill 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 exponso maintain all street lights, traffic lights
and signal devices on said projoct, and sweep, flush and otherwise keep said
street project in a clean and sanitary condition.
2 9 -45 -93
D -8
.The City.agroes to execute all-work either construction or,:maintonance; at
its own cost and: 'exp oils o;.shawn on the plans,-which is or may be•indicated on such
® plans as the responsibility of the; City. • (The plans show no such, maintenance or
construction to be performed by 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.-
No heroin 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 Tak=Qr connected with the maintenance or use of
the street project and the City will save the State harmless from any damages
arising from said maintenonco and /or'uso of said street project.
It is understood and agreed between the parties hereto that the City by
virtue of tno 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 lirits of ouch 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_-._
19
Nothing_in this a.groement.shall be construed Ito 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 shell Grid and terminate if and when the State shall abandon, cancel or re-_
locato such designation:
It.is further understood and. - agreed between the pasties hereto that the
improvement and /or maintenance of the above project by the State io for the sole
purpose of providing tho 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
E
W._TTWtSS 'WHEREOF,
parties have hereunto affixed their signatures,
the CityZbf ............... ....... llvtoom; ............ ............ iiarris..c=t7.,,.: .... :.Te;ps .......... I .......... on the
I LIM 0 jal.1.1 May 19 49 .3hway
V :,� and the HI..
V
DePV P-ralo�t"._65 the ................................ ...... day of ......................... ........................... . 19 ............
ATTESTP
.............. I., ..................
APPROVED:
Chairman, ........ State' Highway * - C om"m" s s i o n
Member, State ..... Ai'3" ... h'w&' ... y .... Commission .....
... "' * .... . .. *'*'.. .. , * * ''' . ''* *""' " * *' * " " *'* ' __'""' . ......
r, S tat e Highway do Commission
CITY OF
........ .... ...... _.: .............. ....... ------ ----- -------- -
By ... ..... ...
. .......... ...t...... ...
MAYOR
.............. I__ ..................................... ..... ....... ...... ......
(Title of Signing Official)
THE STATE OF TEXAS
BY ... .......
.................... ...... .. ................. ........ .........
State Highway Di3ineer
Dish
RECOMMENDED:
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
agreemen• is executed. Each agreement should be executed
in dljpli cal
9-45-937
D-8 4
State
Way
J !..-I i Fj i J t�:,x
MA.Y
1949,r,
V.c
lio yi.- r.
I rT
. .... . .... ... .......
P T'
-E v5w-ri:;
. .. .. . . ......
1: 1 A- -v, .-?-y ii _q'i
,a 1 im !ydif
I. jnmo�,-) I E,.
rLl�IB
;Lot-
Y
.-CF
01
*I