HomeMy WebLinkAboutORD 1-CC5
9,:_
AN ORDINANCE
AN ORDINANCE PROVIDING FOR VOIDING AND SUPERSEDING
A CERTAIN AGREEMENT.ENTERED INTO BY AND BETWEEN THE
CITY OF BEAUMONT, TEXAS AND THE STATE OF TEXAS, DATED
THE 16TH DAY OF.SEPTEMBER, 1952; AND PROVIDING FOR
THE LOCATION, CONSTRUCTION AND MAINTENANCE OF LOOP
251 IN THE CITY OF BEAUMONT TEXAS, LIMITS FROM INTER-
STATE HIGHWAY 10 (STATE HIGHWAY 124) TO U.S. HIGHWAY
691 96 & 287, AS A FREEWAY AND A STREET, HEREINAFTER
REFERRED TO AS "THE PROJECT", AND AUTHORIZING THE
MAYOR.OF THE CITY TO EXECUTE AND THE CITY CLERK TO
AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CER-
TAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS
PROVIDING FOR THE RELOCATION, CONSTRUCTION, MAINTE-
NANCE, EXISTENCE, AND USE,OF SAID PROJECT AS A FREEWAY
AND AS A STREET, AND DETERMINING THE LIABILITIES AND
RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS
WITH REFERENCE THERETO.
WHEREAS, an agreement and contract entered into by and be-
tween the City and the State of Texas, dated September 16, 19524?
has been rendered obsolete by subsequent action by the State High-
way Commission and the City of Beaumont, and by subsequent state
legislation; and,
WHEREAS, the public convenience, safety and necessity of the
City,.and the people of the City, require that Loop 251 from Inter-
state Highway 10 (State -Highway 124) to U.S. Highway 69, 96 & 287.
near the South city limits be located and constructed, and since the
existing condition 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 contri-
bute financially to the project; and,
WHEREAS, the State of Texas has made it known to the City
that the State will assist the City in the improvement and mainte-
nance of said project as a street and as a freeway, provided the City
approves the plans for said project;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT,
TEXAS:
Section 1.
That since the agreement and contract between the City and
the State of Texas, dated September 161 1952 has been rendered obso-
lete, said agreement shall be hereby voided and shall be superseded
by a Revised Municipal Construction and Maintenance Agreement.
Section 2.
That since the public convenience, safety and necessity of
the City require it, said project shall be constructed as a street
and as a freeway as defined by House Bill'No. 451, Acts 52nd Legis-
lature, Regular Session.
Section 3.
That the State of Texas be and is hereby authorized to enter
upon, construct and maintain the project at the location and in the
manner shown on the plans to be attached hereto, marked "Exhibit A",
and made a part hereof in all respects.
Section 4.
The Mayor of the City be and is hereby authorized to -execute
for and on behalf of the City a Revised Municipal Construction and
Maintenance Agreement with the State of Texas in accordance with and
for the purpose of carrying out the terms and provisions of this or-
dinance, in the form attached hereto and marked "Exhibit B". The
Mayor of the City is further authorized to approve and sign the de-
tailed plans for construction of the project or any section thereof
when and as such plans are completed and prior to award of construc-
tion contract by the State. The City Clerk is hereby directed to
attest the agreement and contract and affix the proper seal of the
City hereto.
PASSED by the City Council -this 15th day of April, A.D. 1958.
Mayor
REVISED CUNSTRUCTION AND MAINTENANCE AGREMNT
FOR FREELY PROMCT
S TA TE OF TEXAS 0
COUNTY OF TRAVIS Q
Control 200-14
Loop 2,2.
Jeffers oll County
This revised agreement made this — day of
- 9 1958,
by and between the State of Texas, hereinafter referred to as the OSTATEI9 party
of the first part, and the City of Beaumont, Jefferson County, Texas, acting by
and through its duly authorized officers under an ordinance passed the 15 day
O-f _� 19582 hereinafter called the "CITYm
s Party of the Second
parts
W I T N E S S E T H
RE'S-9 an the 16th day of September, 19529 the State of Texas and
the City of Beaumont entered into a Municipal Construction and Maintenance Agra nt
providing for the location9 improvement and maintenance of Loop 251 from the inter•
section of U.S. Higtmay 90 (College Street Extension-) with Eleventh Street to U.S.
Highway 69, 96 and 287 near the south city lint of Beaumont in accordance with
Provisions set out in Highway Commission Minute Order No® 30970, dated September
19, 19511 and
WHERE,6Z., the State Highway Commission by Minute Orders Nos- 34565 and
34566a dated August 25,,
19539
re-established
the rota of Loop 251 to interact
the Inte"ta.ts Highway
in the
Vicinity of
Sixteenth Sheet extended4 and the City
l
concurred in this action by resolution dated September 1, 1973; and
WMEAS, these latter actions by the State Highway Commission and the
City,, together with subsequent action by the State Legislature;,, have rendered the
aforesaid agreement of September 16, 1.952, obsolete; and
VHZ�, the City has requested the State to contribute financial
aid in the improvewnt and maintenance of a controlled access highway with —in
such city along the reestablished route of Loop 251 from its intersection with
Interstate Highmy 10 to the intersection with U.S. Hi ay 69996&287 near the
South city limits of Beaumont, and hereinafter callod the wPROJLCTw,, and has
by proper ordinance authorized the State to enter upoyi and improve and maintain
or assist the City in the improvement and maintenance of said project as a street
and as a Freeway; and
ME4RF,AS., the State Highway Engineer, acting for and in behalf of the
State Highway Commission; has made it known to the City that the State will
assist the City in the improvement and maintenance of said project, conditioned
that the City, as contemplated by Senate Bill L115.,Acts 46th Legislature.,
Regular Session, will enter into agreements with the State for the purpose of
determining the liabilities and responsibilities of the parties with reference
thereto;
REVISED AGREEMEN T
N OU T'r1Ii_,WORE., in consideration of the premises and of the mutual
covmant.9 and agreements of the parties hereto to be by thus reapactively kept
and performed as heroina.fter set forth., it is agreed as follows
--2—
M7INI T1I OWS :
It is understood that this project shall be constructed as a street to
consist of a "Freeway" as defined by Howe Bill 451, Acts 52nd Legislatures, Regular
sion, supplemented by 'Irrontage Roads" as mutually agrrsed to by tbie City and
State. 1he tern WFlcojoettl as used in this agreement, and haxeina&w described
as to termini9 shall includo grading, pavernant, curbs and gutters9 sidexalksa bridgea,
grade separation structurm9 culverts, storm sags, outfall channela, freeway illumi—
nation,, as well as other usual appurtenances commen to a normal street project. The
tam wFree- ayp denotes that portion of the project cons ire ting of the inner pfivewnt
Ian" deaigned 'co serve through traffic® The term "Frontage Streets49 denotes the
outer streets, auxiliary to the Freeways dseigaed to serge abutting property and
adjacent areas O
It, is mders tood and agreed between the parties hereto that the City- by
virtue of die provisions of its charter and the lawn of the State of Texas hav
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 consanted U
tho construction and maintenance of the projects, and the State in the construction
and maintenance of such project does so at the special instance and request of the
City. The City$ in consideration of the mutual covenants herein contained, dew
hereby agree to and does hereby authorize the State to improve or aasist in the
improvement of said project at the location and in the manner shown on the construction
plans to be approved by both parties, It is mutually agreed that as the project
is developed to the construction stage, either as a unit or in increments, both parties
shell approve such plans by signature approval thereon, and a copy of such approved
plans for the unit➢ or for each increment as such increment is developed, will ba
attached heretci, marked "Exhibit Aug and made a part hereof in all respacta
RIGHT OF WAY AND EXISTING UTILITIES:
The City will provide a right of way for the project free of all obstructions
and encroachments, and of a width sufficient to provide properly for the improvements a
sheer on the plans. The City will provide for the installation, removal or either
naceesary adjustment of any and all utilities and services, whether publicly or
privately u9ned, as may be necessary to permit the proper iaprowment, maintenance
and use of said project. Existing utilities shall be adjusted in respect to l.oeatim
and type of installation in accordance with requirements of the State. Rhere' State
Highway Departmerat policies provide for the State to participate in the cost of right
of way and utility adjustments, such cost participation will be covered in a
Contractual Agreemnt for Procurement of Right of Way entered into by the City and
the State. If upon receipt of written request by the States, the City dQ�w not
promptly cam out any provision of this paragraph and delay results in additional
expense to the State, such expense will be the direct charge and obligation of the City'
9
ENGINEERING SERVICES:
The State will prepare or provide for the construction plaxnS2 advertise
for bids and let the construction contracts, or otherwise provide for the
construction and will supervise the construction, reconstruction or bettermnt
word- as required by said plans. As 'the, project is developed to the cons tructi on
stage, either as a unit or in increments, the State will secure the City°s approval
of the construction plaarls for each increment or unit prior to award of contract.
DIVISIGN & cONST UCTI(Ft RESPCKSIBILI`IES:
,he State wi1.1 construct grading, bridges and culverts for existing drainage
conditions' grade separatioai structures, pavements and curb and gutter as required
for constavetion of the Freeway and Frontage Streets.9 including cormacting ramps,
media ,, traffic interchanges and turning lanes
'Where stoaml scorers are required the State and City vA11 aseuw:e joint
financial responsibilities for construction according to the follow-Ing understanding:
The State es construction responsibility will be liriiited
to the drainage of the right of fray plus a strip 150
feet wide on each side. The City agrees to assume
responsibility for drainage outside of this area. Sever
main and outfall conmtruction costa will be apportioned
on the basis of discharge into the main. This will take
into account greater discharge from paved areas as well
as smaller discharge from more distant areas. The State
will pay for all inlets on or adjacent to the Freaevray and
l�.•ontage Streets including their leads to the outfall mina
Inlets, leads and laterals which drain areas outside the
Freeway and Frontage Streets into the outfall main shall bs
paid for by the City. .
It is agreed that: existing drainage facilities may be used
without cost to the State
Responsibilities for construction of traffic control ddTjice.s, pavement
striping., -str,roet illuminations and signs for t-raffic regulation and information
shall bs as hereinafter provided.
PAMMT STRIPINGs
The Stat- will construct and maintain all longitudinal canter 1 ins, lams
Nine, and non -passing barrier stripes on those portions of the project where
maintenance of the pavement is the Stat0s responsibility.
4
MAFFIC CCNMOL DEVICESt
Highway traffic t%ignal ixistallations on Frontage Streets, and at inter—
Obangm will be constructed by the State at its expense subject to the condition
that each sisal ins talla tion shall be Justified by a traffic and engineering
study- The City will pay for the cost of power for operating the signals and
will aPBM'to and maintain the signals at its sole e
xpe the approval of td.e State before caking any changes nsaa The City will obtain
timing of the signals Or before removingan t � the design of operation and
and � pa � Y part of the signal in Of
its of as Stag installed signal- which might be removed wall remain Any
property of the Stag and shall be returned to the State unless such part e in the
are installed cm a route of the State Highway Sy tern within the city at A location
approved by the State.
It is understood that the installation of futures highway traffic signals
Will be the subject of a future separate agreement outlining the responsibilities
Of installation and maintenance. For other types of traffic control devises, such
as stop and slow signs, parking meters, and other such devices the type- neceosity, and points of installation will be fixed agreement 'the City
Civic®9
and the State after traffic and engineering studies Lat�en she
have beenmadee
The City will not install or maintain, or permit the installation or maintenance
of any type of traffic control device which will affect or influence the utility of
the Project without having obtained in writing the prior approval of the State,
'-affic control devices installed prior to the date of this agreement and 'which will
affect or influence the utility of the project are hereby made subject to tho term
of this agreement, and the City agrees to the removal of all such devices unless
their continued use in place is approved in writing by the State.
S 1 "T ILLUMINATION SIS Mg a
1'is being a Freeway project, it its understood that the installation,,
and maintenance of a street' ill y5 �� operation
of the City and Ste- t(a, such responsibilities to be de'will terminedthe oby sint paresste bi:i�g
Y p.�..z•a?tc3 agaKaejwnt.
FUTURE_ UTILI'PIM a
M6 City will secure or cause to be secured the approval of the Stata 15agom
any utility installation, repair, removal or adjustment is undertaken, crossing over
or under the project or entering the project right of say with the understaridi_ng that
or
All underground crossings shall be made by boring, jacking, nx tunneling, ndingConducth casing of sufficient length to clear the Freeway and Ftontagc Streets will be required.
Where utility tunnels or culverts are constructed the City shall require that all A'
utilities or services, either publicly or privately owned, shall use the tunnels or .,.
culverts for crossing the project. Crossingpother than through the utility tunnels
x
5
t
or culverts, or utility ccnstructed conduits, will not be permitted, In they
event of an emergency, it being evident that immediate action is necessary
for protection of the public and to minimize the property damage and loss in
investment, the Cityq without the necessity of approval by the State, may at
its MM reoponsibility and riak make the necessary emergency utility repairs 9
notifying the State of this action as soon as is practicable.
'tile City will not cut nor permit a third party to cut the pavement for
the placement of any pipe. or conduit for any utility to be placed transverse to
the project. The City will pay to the State promptly the cost of repair work by
they State made necessary by reason of the ins tallation.e repair, removal or adjust.
ment of any publicly or privately owned utilities or services., which may occur
after the completion of the project,
TRAF'.FIC RE GU IA TI ONS AND UEE TY FROVI: I (JiS s
MG City will pass and enforce an ordinance regulating the parking of
vehicles as folly t
I. Prohibit all parking on the Freeway traffic lanes c
2 o Restrict parking on Frontage Streets to parallel
parking and to one side of the IiYo itage Streets only.,
and further to prohibit parking at RPae f'ied places
in compliance with provisions of section 959 Article
XII, R.C.S. 670 ld, Texas Uniform Act Regulating Traffic
on Highways, and at other locations as future traff is
and engineering studies ,nay dictate„ The City will
prohibit all parking on the Frontage Streets began
12:00 Midnight and 6100 A.M. to facilitate sweeping
of the streets.
The City will pass and enforce an ordinance providing for one-way traffic
operation on all Frontage Streets for the entire _length of the project, with the
provision that short sections may be made operable to two --%ay traffic in special
cases upon agreement by the parties hereto after proper engineering and traffic
studies have been made
The City agrees that other t-raffic regulations will be established and
speed limits fi:seed by agreement with the State as represented by the State Highway
&ngineer after traffic and engineering surveys have been e enductede
Meg State is authorised and agrees to erect and maintain on the project
right of way all traffic signB necessar7 to regulate. warn and guide traffic,, and
wuch signs shall conform with the then current Texas Ma � �igo�� �ffic
Control Devices for Streets and Highways.
'The City will prohibit the planting of trees or shrubbery or the creation
Or (20nstruction of any other obstruction or eancrWichment within the right of way -
without P-ior agreament with the State) in conformance 'With regulationo under they
6
�.�.,y s.a .mac-`w5:�9�`.isC-.�i:., '-=^s 3t^•,-.w��_. Ys,�£-.':s'i!Rollo.,.>.;da,aifinaa:a'r.
4
Federal -.ad Road Act -which require the right of Tray provided for Federal -Aid
highway prOiOcts shall be hold inviolate for public highway purposes and no
'wizuthorized sign posters, billboarda s roadside stands or other private ins tall-
atirrP s3hall bs pexvdtted within the right of may limits.
?ne City Will prohibit the movement of loads over the project which
eXceed the legal limi.-te for devignat d State Highways for either weight, length,
hai,ght or width except thoee having proper pets from the State for such move nts o
DItISIG9 OF MMMNANCE RMPONSIBILITIES.
I- Pavew-nnt and Surface Areas.
i°h@ State will rMintain all pavementas bases,, shoulders, curb and gutters grade separation structures) median strips, and roadway areas bet,-wsur and gutr.,
to pavements, such maintenance to be limited transversely to 12te be sand adjacent pceP
of cuts. or r1back of f`.rontage street curbR as the case may beo Thg State
sweePa mow and otherwri.se kQGP clean this defined area, The City at its oW-n e will be -reeporvible for similar maintenance of ail other surface areas, including
intersecting and cross streets not on the designated State Highway System and out -
said® the boundaries herein defined for State Uaintenance.
"'0 Drainage Facilities.
limits.
e State will mintain the drainage facilities within the right of way
The City m-111 be seaponsible for all other drainage facilities.
Maintenance work by the State shall be performed only as long as the
}moo jest is the route of a State Highway; and it is understood and agreed bet we the parties hereto that all obligations of -the State and City as created herein
shall terainate if and when the project is no longer the route of a State Highway,,
It 1.e mutually agreed and acknowledged that the City shall, retain all
functions and responsibilities for maintenance, control9 sup-arvisions and regulaticlne
which are not specifically described as the responsibility of the State.
The,,-Q general maintenance provisions are supplemented or in the case of
conflict are supereaded in respect to the conflict only by the spscific intenance
responsibilities as delineated in other provisions of this agreement.
EMMUS' E+ i _AND R,� ILRQU CRGR-SI�TCB %
it is understood and agreed between the Parties hereto that the City vil.i
refrain on its part and will prohibit any other third party From carrying any
present oz° future street at grads across car into the Freeway or any present o
future railroad or railroad spur ar eing track at grade across or into the p'®t
7
4
Ox pt as way be shoran an the cons.trruction plans to be attached hereto and marked
��Itrhibit Awe This provision shall not prevent the City from constructing such
underpasses or overpasses in the future as may be necessary to effect :.such crossir7gs
needed to relieve trasfic when plans and specifications have been approved b-,y the
State
ram+ d FICATION e
The City tsagrees to indemnify the State against any and all damages and
claim for damages to ad joining, abutting or other property for which the State 18
or may be liable arising out of, incident, to or in any way cormactad with the
installatiOny the uOrts true tion, the existence, the use and/or Mintenances of such
Woject; and doee hereby agree to indemnify the State against any and all court
costa,, attorrney�s few and all expenae in connection with suite for such damage]
and iihall, if requested to do so in writing, aasist or relieve the State fr
eu
defending any such Suits brought against it.
Nothing in this agreement shall be construed to place any liability on
the City for personal injuries arising out of the construction of such project.
Fuzethormorey it is not the intent of this agreement to impose upon the city the
liability for injury to person or property arising out of the cow tr acition of
tAie project by the State ss contractor unless the State itself would be liable fc r
such injury or damage.
Nothing herein contained shall be construed to place upoh the State any
manner of liability for injury to or death of perm one or for damage to cc lose of
properV arising out of or in any manner connected with the maintenance or uses of
the project, and the City will rave the State harmless from any damage arising
from said 2aintanance and/or use of said project.
�' J _U further understood and agreed betwoeyl the parties hereto that tah,0
iMpr0TVW it anal/or maintenance of the project by the States is for tho sole purpose
of providing the traveling public a more adegnate travel facility and shall ne mar
be the basin of any claim for State assumption., Or the participation in the pwyment,
of any of the obligations of the City incurred in the improvement, pest or present,
of any street project,
DI WMYM3 WMEOF,, -tha parties have hereunto affizKed their signatures.,
the City of Baa,tamont on the 15th day of __ A-r'il 2 19589 and tht State
on the day of
EA
1958.
A TTW Ts
y 1-Sr �t
a
0
CITY OF sEAUK0NT
B
Mayor
THE S VLTZ OF TEW
Certified as being executed for the
purpose and effect of activating and/or
carrying out the ai ders , established
policiess or wok program hamtef ore
approved and authorized by the State
Highway Commission:
Y --te ghwly ng eer
Supervising Resident Engineer
istrict Enginaer
_iei aYlgiYleer of �
No Text
AAd, l-CC
INTER -OFFICE MEMORANDUM
CITY OF BEAUMONT, TEXAS
Date: April 9, 1958
To: Mrs. Willie J. Brockman, City Manager
From: George E. Murphy, City Attorney
Subject: Construction and Maintenance Agreement - Loop 251.
COMMENT
I am returning herewith the Ordinance authorizing
the revised Construction and Maintenance Agreement on Loop
251 which should be passed next Tuesday.
I am approving the contract as to form. It is
generally similar to the contract executed back in 1952.
The new contract supersedes the one previously executed.
You will note from their letter that they are ask-
ing for the original and four copies of the contract to be
returned to them, together with four (4) copies of the ordi-
nance.
Georg f Murphy
�Cilty attorney
6
GEM:h
encl .
III` (1Q-
L` I qS-1
C 0 M M I S S 1 0 N
MARSHALL F O R M B Y, CHAIRMAN
HERBERT C. PETRY, JR.
C. F. HAWN
Control 200-14
Loop 251
Jefferson County
d�q
TEXAS HIGHWAY DEPARTMENT
P.O. Box 3190
Beaumont, Texas
April 7, 1958
Mrs. Willie J. Brockman
City Manager
City Hall
Beaumont, Texas
Dear Mrs. Brockman:
STATE HIGHWAY ENGINEER
D. C. GREER
IN REPLY REFER TO
FILE NO.
Enclosed herewith for execution by the City are five copies each of an
Ordinance and Revised Construction and Maintenance Agreement covering
Loop 251.
After they are executed please return four copies to this office for
further handling, retaining the fifth for your reference copy.
ERY:rt
cc: Mr. George E. Murphy, City Attorney
District Office
H . E. Furry
Very truly yours,
I7f. E. Simmons
District Engineer
By ,:--Y -7
E. R. Young
Supervising Res. Engineer