Ordinance No. 148MUNICIPAL ORDINANCE NO. 148
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE
® OF THE PORTION OF STATE HIGHWAY NO. 116 IN THE CITY OF BA YTOWN,
TEXAS, HEREINABOVE REFERRED TO AS "THE STREET PROJECT" AND
AUTHORIZING THE L4AYOR 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 PRO-
VIDING FOR THE INSTALLATION., CONSTRUCTION, MAINTENANCE,
EXISTENCE AND USE OF THE SAID STREET PROJECT: FOR THE
INDEMNIFICATION OF THE STA'T'E OF TEXAS, BY THE CITY AGAINST ALL
DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR
EXPENSES IN CONNECTION WITH ANY CLAIh7 OR SUIT THEREOF: AND
DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL
BE EFFECTIVE FROM AND AFTER ITS PASSAGE.
h
WHEREAS, the public convenience, safety and necessity of the city, and the
people of the city require that the portion of State Highway No. 146 within the
City Limits of Baytown from Spur 201 to present State Highway No. 146 near Texas
Avenue be constructed. Since the existing street constitutes a danger and serious
• inconvenience to the public, it is urgently required to be remedied; and
WHEREAS, the city has requested the State of Texas to contribute financially
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 con-
struction, 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 ad-
joining, abutting or other property for which the State is' liable, arising out of,
incident to, and in any way connected with the installation, the construction, the
• existence, the use and maintenance of the street project or the passage and enforce-
ment of this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CIPY 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 All 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 read -on
of the installation, construction, existence, use and maintenance of the street
project authorized herein.
. 0 • ,..
SECTION 4: For and in consideration of the mutual covenants herein contained,
the city does hereby agree to indemnify the State of Texas against all damages
40 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, attorneysl.fees and all expenses in connectionnwith 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 tith
the maintenance or use of the street project and the city will save the State of
is 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 Ind 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 oassage.
INTRODUCED, READ and PASSED by the affirmative vote of the majority of the
members of the City Council of the City of Baytown this 26th day of June, 1952.
ATTEST:
Edna Oliverl City Clerk
-2-
1 .. Ward, Mayor
D
C O M M! S S 10 N STATE HIGHWAY ENGINEER
0. C. GREER
• E. H. THORNTON, JR., CHAIRMAN TEXAS HIGHWAY DEPARTMENT
FRED A.WEMPLE
ROUT. J. POTTS P. 0. Box 7 [001.
Houston 11, Texas
June 27, 1952
IN REPLY REFER TO
FILE NO.
Control 389 -12
S . H1vy No. 146
Harris County
From Spur 201 to present S IJ46 near Texas Avenue
Mrs. Edna Oliver
City Secretary
Baytown, Texas
Dear Mrs Oliver:
• Please find attached hereto one copy each of the "Municipal
Ordinance's and "Municipal Construction Agreement" dated June 262
1952.
These copies are for your files until the fully executed copies
of same are returned to you from Austin.
SPG/op
Attachment
cc: Mr. Jim Douglas.
C
Yours very truly,
S. P. Gilb rt
Sr. Resid t Engineer
MCNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenance)
i AN ORDINANCE PROVIDING FCR THE........ CONSTRUCTION AND MAINTENANCE OF THE
.PORTION OF:S.tats. HIGHWAY NO. 146 ... IN THE CITY OF ... :...E[W.t ;_. Te= a ................ ...:...........................
a.
........._..... s_�, ' .. ................... .......... u .. ................ -.. .......:_..:.::.k.s.:::::::.. ,: u-........... ....I.......................... f
HER= ,_ABOVE REFERRED TO M6 "TEE. 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 TEE
INSTALLATION, ............. CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF TIM SAID STREET =
PROJECT: FOR THE INDE`VIFICATION OF THE .STATE OF TEXAS, BY THE CITY AGAINST ALL
DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION
.WITH p.IY CLAIM OR SUIT THEREOF: AND DECLARING AN EME+RG'EVCY AND PROVIDING THAT THIS
ORDINANCE SHALL BE EFFECTIVE FROM VM AFTER ITS PASSAGE.
1.1iEREA,S, the public convenience, safety and necessity of the city, and the
people of the city require that the portion .ofS...RW, , _Nom..].46..vithla..tbo.. .City- 13hita..of
Ba , _from. -S 201..ta. •: _edont. _S. -Eby,: T _ :..._....
6 .. constructed Since the oxisfri tr c s i._7= ..darer and serious in-
`canvaix"encE c th, t i_L is urg reqT._red to of i:emedied, aYd
WHEREAS, the city has requested the State of Texas to contribute ;..Zancial-
y in the - street project; and
14-HEFAS, 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
vidir�g the city approves the•.plans, grades and alignment.for said project; and
V=EAS, 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
ad.}oining, 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
€: nd enforcement of this ordinance..
r
NO',� 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, aaid '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 r-m nner
shown on the plans, attached Hereto and marked "Exhibit A" and made a part hereof
in all respects.
® SECTION 3, That nothing in this ordnance siialjb be construed to obligate
the State .of Texas to pay any direct, incidental, or consequental 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 10- 43 -1063
.s
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SECTION 4. For and in consideration of the mutual coxenant9 hezEti?r-C-0- f
tained, the city does-hereby agree to indemnify the State of Texas against all,
damages and claims for damages to adjoining, abutting, or otter property for which
the State of Texas is Liable, arising out of, incident to, or in any way conrected.
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 suite for such
damages, and shall, if requested to do so in writing, assist or relieve the State
of Texas from defending any such suite 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 Texas
harmless from any damages arising out of acid- meinteusnce 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
accordanc,e-Vith 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 impvrativo
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 provid.A for may be begun and
carried out promptly and with expedition. The reading of the ordinance on three
several days is hereby dispensed with t d the same shall be in full force. and
effect from and after its passage.'
2 10 -43 -1033
IU
STATE OF TEXAS
COURITY OF
tMNA O=TER the duly -appointedj.
......... ........ :..ID .A ..... ........... ................ ....... ......... ....
q-palified and acting city secretary of the City of .......... ..........
................................ ....... ..
Texas., hereby certify that the foregoing pages -caastitute-a-true --and ocalrect
copy of--an,ordJmance duly- pawed by the City Council at a meeting held on
......... june...26th ............................................ A.D.) 19.__52 ....... at 3.6 ... ..... o'clock .... P .... M.
To certify which, witneeo my hand and seal of the City of .............. ......
MEW . ........
this due .......... ..............clay of.,..* .......... June .... .. ..................... . 19_5Z.., at
Texas.
....................... ....... ...........................................
City Secretary of the City of
...............................
Texas
9
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MUNICIPAL CONSTRUCTION ACME =
( Combination Construction, Reconstruction and Maintenance )
STATE OF TEXAS
X
C MM aF TRAVIS.
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 y , 'M' & R County, Terms,
acting by and through its duly authorized officers under an ordinance passed the
day of
the second part.
19 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 *kln VA rfttft On, n % _q !�M " -
to rA=14L 41W MZT Boa- U& ' =avv vo—= � 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 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
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 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 1
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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
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
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
plane 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 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 ouch 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 damagee
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 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 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.
:. �yY' ♦ J+ •'6'��' 'i:iF- w�[�r.t+r� _ � Rr If .9Y1� :yy.;i 4 � '!� • iw.s. '�)7..f -t•
4►� fMt�R �gl+aVtllaR^ _ l... dil... '.��. +NW %+ '�}iifB
3 M -9 -45 -937
D -8
IN WITNESS WHEREOF, the parties have-hereunto affixed their signatures,
®-the City of _ r4 ..�,.,., : =►..:: on the
_day of ,Tune , 19--52 and the
Highway Department.on the day of , 19
ATTEST:
U
J%
M -9 -45 -937
D -8
4
CITY OF
BY r
1••Ta vnr
(Title of Signing Official)
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:
BY
Chief Engineer of Planning
APPROVAL RECOM MED:
District Engineer
Engineer Road Design
Engineer, Land Service Roads