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HomeMy WebLinkAboutORD 8-EEAN ORDINANCE AN ORDINANCE PROVIDING FOR AMENDING AND REVISING A CERTAIN AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF BEAUMONT, TEXAS,,AND-THE STATE. OF TEXAS, DATED THE 20TH DAY OF MAY, 1958.1WHICH PROVIDED, AMONG OTHER THINGS, FOR THE LOCATION, CONSTRUCTION AND MAINTENANCE OF LOOP 251 IN THE CITY OF BEAUMONT, TEXAS, LIMITS FROM INTERSTATE HIGHWAY 10 TO U. S. HIGHWAY 69, 96 AND 287, AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE SAME AND THE CITY CLERK TO AFFIX THE CORPORATE SEAL AND ATTEST THE.SAME® WHEREAS, a Revised Construction and Maintenance Agreement, for the location, improvement and maintenance of Loop 251 from the intersection of Interstate Highway 10 to U. S. Highway 69, 96 and 287 was entered into between the State of Texas and The City of Beaumont, said agreement being dated the 20th day of May,-1958; and WHEREAS, The City of Beaumont has requested that said agree- ment be amended so as to eliminate the necessity of the City approv" ing the construction plans as the project is developed to the con- struction stage, either as a unit or in increments, and to permit. the City, in lieu of said approval, to state by letter'signed by its City Manager and addressed to the State of Texas,through its State Highway Commission; whether or not it.objects to same; and WHEREAS, the State of Texas has agreed to said change and a revised and amended agreement has-been prepared; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: That the Mayor be, and he is hereby, authorized to execute for and on behalf of the City the revised and amended Municipal Construction and Maintenance Agreement with the State of Texas, said agreement being a revision of the agreement of May 20, 1958; and the City Clerk is hereby authorized to attest to same and to affix the seal of The City of Beaumont thereto® PASSED by the City Council this 28th day of November A. D. 1961. ' r Mayor .» A14 f3'ztt�iNAA�Cf� AN Ori. INANCE PROVIDIXG F0<< AMENDING AND REVISING, A CERTAIN AGREEMENT MEET teN"i.'LRED INTO BY AND bET�a EEN T115 CITY 4 BEAUMONT, TE:4.iS, THE wTATL OF TEXAS, DATED THE 'ZOVI i)AY OF t- hY, 1958, WilGH PROVIDED, AMONG OTC Eit THINGS, FOR ` 14L LC)CATIOX, CO STRUCT1011i AND MAIIti'I` NANCL OF LOOP 251 IN TUB CITY OF BEAW40NT, TEXAS, LDUTS FRM INTERbTATE 10 TO U . - HIGHWAY 69, 96 AND 287, A.16) AUTHORIZING THE kYr' Y0 , OF THE CITY TO EXECUTE SAME AND THE CITY CLEIth TO AFFIX" TJIL CORS''OI&kTE bFrAL AND ATTEST THE 8AHE. a Revised Construction and 1-1ainterxalice Agreement for the location, improvement and maintenance of Loon 251 from the intersection of Interstate Highway 1.0 to U. Li. Highway 69, 96 and 287 was entered into between the state of Texas and The Uty of Beaumont, said agreement being dated Clad 20th clay of May, 19 8; and VVIIEREA:), The City of Beaumont has requested that said agree - went be amended so ae to eliminate the necessity of the City approv- ing the construction plans as the project is developed to the con- struction stage, either as a unit or in increments, and to persit the City, ill lieu of said approval, to state by Letter signed by its City Manager and addressed to the State of Texas through - its Stater Highway Commasa.ion whether or not it objects to. same; and l°r"RLULA.�, the States of Texas has agreed to said chaange . and a revised and amended agreement has been prepared; NOW , THBRI Wa ORL, hE IT Ot.De1lNLD DY THE CITY OF BEA[12=s NT, `i'E i.� That the bla.yor be, and lie is hereby, authorized to execute for and on behalf of the City .the revised and amended Min i.cipal Construction and Uaiaatenance Agreement with tile State of Texais, said agreement boine a revision of the aGreement of May 20, 1958; and the City Clerk is hereby authorized to attest to same and to affix the seal of The City of Beaumont thereto. PAb5LD by the City C:oU aCil this 28th day of � November , /s/ C. H. LeBlanc Mayor - No Text •` r THIS AMMUNT mad'o this the' flay of �" s 1961, by and between the State of Texans, hereinafter r ofarrstl to an thee frstate ", Party of the ' Vfirst Farts and The City.. of Beaumont, jef- ferfion County, Texas, atct:i.na by . and throuch its duly, authorize d officers under an ordinance pasawl the day of , 1t;6 ., hereinafter called the "Citytf, Party of the Second Part, W I I X L S 6 E T P_ 1WHEIRBA6, 'on the 16th. daa..af � epte ar, 195.21, they :Mate. of Texas and The City of Re suzont entered into a Municipal C 0,14tructi.on and Mai,nte Nance .: Agreement providing, for the location, improvement and Maintenance of Loop 251 from the Int:ersaction of U. S. Vir" way 90 (Colloge 6treae t Exte nsi on) With, Eleve'nth,-6tre'etr to U. Si Vighways t ',), 90, tend 2$7, near the. South city lineit of Beaumont inaccordtance with provisions met out. in'-lfighway .Commi.ssion ,Mixiute Order, No. 30970,P dAteaa:i September 19, 1951; and WHaL tS,' they State Etiahway Unwis sign 1*y'. Xinnte Orders :tom. 34565 and 34566,. dated ikugust 25s 1953, re-established the route of Loop 251 to intersect the. Interstate 'NiCq 1.:Way in tine vicinity of Six-' tce,st4 5troet; extended, and the Cityconcurired is this action by reso- lut io.e dated september. 1.9. 1953; and theae I'atter actions by they Sta' ten. iiiahway Commission Qead the City, �,oGether -ith subsequent action by -the btate Legisla- tures- rernd.eve i the gfore&aid atreeme3nt of �ieptemt�er 16, 1952�.. obso-- .owe; Agin WHER S# . under -date of YS"Qy 20, 1958s the said Coustmict:-ton a -ia wiai,nt:enance Agrecament was revised, said revised .%gre3eme nt re'ad - ink; in ;wart: as follow®: NkULCT AUTHORIZATION: "It is und$reatood ana ,agree'd between the parties here -to that 'the City by virtue of the provisions of its charter and thO laws of the :Mate of Texas has exclusive: - control of ' and jurisdiction over all streets aiuj public ways within the incorporated limits of auch City, and and that : the City hags requested and consented to the construction and maintenance of the project, and the States .in the construction and maintwmneex of such project does so at the special instance and re -quest of the. City. The city, in consideration of the mutual covenants heroin contained,, door hereby agroe to and does hereby authorize the Mate to improve or assist In the improvement of .raa id project at the lo- cation in tho n'-Anner shown on the construction plans to be approve", by both parties. It is Outually agreed that as the project is developed to the con- struct;On stage, either an a unit or in incre meats, bott parties *hall ,approve such plans" by . signature Approval theroon, and a copy of . tsuch approved plans for tho vinit,, or for each increment are such increment is idevel€ pezdt will lies attached heresto# marked eeExhibit A i' 9, aeuf made a park: hereon. r1 j iN'M ii Abp the City ha6 -requees`sted that said Conatruction and FA'aiatenaazce Agreement of May 200, 1958 be amended and re' vism~e:d to re- lieve the (pity of the responsibility of ,adgsrovi.nC . the Li$,oject as it is de veloperad to the: construction stage, either as as unit or in incre - meates and that thoret he subati.tute d therefor in amid ar.reamant word- ing to the effect that the City will, as t;d;e project is developed to COT18tructi.an state, indicates by letter addressed to . Party of U14e Fit -at dart that it does or does not object to the plans, for the, Unit or for each increment as such -incre ment in de velopei. RLVI SLD file -jLU4LNT Na.-I, T€$i:RfiFORF., in consideration of the promises and of the mutual covenants and affTeetents of they parties hereto to be made by them respectively kept and performed as hereinbeforer net forth, it is az,*rea d as f allows a 1. That the revised Construction aand . Maintenance ,Ag greement of Ml'ay 200 1958 p betweem t«ee �•tate of Tox as and They Catty of Beaumont be,, revised and amended d in the followinf,; re eructs otr� �r t (a) That ;�araeraph headed "''roject Authors ationet is charmgeaci to read a6 follows: "It is understood and arreeAl between .the parties iaereto that they City by virtue of the provisions of its chat- Ule .' lut a.hea lags of the .Mate of Texas fame exclusive; -2- (0 -;� y control of and jurisdiction over all street& and public ways wit1tin the i.acor porated limits of such Pity, and .that the City has requested and consented to the Construction and maintenance of the project., 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 considecrat;ion of the mutual covenants herein contained, does hereby agree to ,and does hersoy euthor. ize the btate to im- prove or ssai,st in the 'improvement of said project of the location and in the n a nn' or shorn on the con- struction plans. It is +autually agreed that as the project is developed to the construction stage, either as a unit or in incresent's, and rafter the plans have been approved by Varty of the First 111art, the City will# by letter signed by its City Manager, indicate to Party Of the First fart whether or not it has any objection to such approved plans for -the unit or for each increment as such increment is de.. veaoped,, and said approved plan will be attached hereto and marked I'Z ;hibit Ate, and made a part here -- of in . all respects.,, (b) That paragraph haadsd "S09-i.neeringServices'* ,shall: be revised and amended to read as follows: "The State will prepare or provide for the construc- tion plans►,advertise for bids acid let the construo_- tion oautract:e, or otherwise provide for the con- struction, and will supervise they construction, re- construction or bettemont work as required by said Plans- As the Project in developed to the construe- tion stage, either as a unit or in increments, t:Ie State will seezxre free. the City +a letter signed by its City Manager stating that the City does or does not have any objection to the construction plasm for each increment or unit prior to award of contract.0 2. It in m;a-tval2y aagreed and understood between the parties .hereto that in all other respects the agromont of May 200 19SS will remain in full force and orfact. IN WITNESS M[Exbot, the parties havee-�hersunto affixed their signatures, the City of 'boaumont on the - y+maof D iiE 1V1 � 1961, and the :Mate of 'Texas on the clay of '1`IM CITY OF �BA I Nei, TZ ' S .: - - - by = • -� .,...,.,•�... Mayor _ ty cleth, ._ = TIM STATE OF TE,i S Certified as being executed for the purpose and effect of activating send/or carrying out the orders, ear- tablfished policies, or work program heretofore approved and authorized by the Mate Highway Cc missions -a- No Text INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: December 14, 1961 To: Mr. Jas. T. Garrard, City Clerk From: Anthony G. Brocato, Assistant City Attorney Subject: Loop 251 -- North Frontage Road from Highland Avenue to US 69 in Beaumont. COMMENT: Attached is the Cityts executed bopy of the revised Municipal Construction Agreement, dated December 8, 1961, for the above project, between the State of Texas and The City of Beaumont. This instrument should be filed in your office. 1 n Anthony G. Brocato Assistant City Attorney AGB : h attach. r AN ORDINANCE AN ORDINANCE PROVIDING FOR AMENDING AND REVISING A CERTAIN AGREEMENT ENTERED INTO BY AND BETIfEEN THE CITY OF BEAUMONT, TEXAS, AND THE STATE OF TEXAS, DATED THE 20TH DAY OF MAY, L9 S8, IgHICH PROVIDED, AMONG OTHER THINGS, FOR THE LOCATIONY CONSTRUCTION AND MAINTENANCE OF LOOP 2.51 _IN THE CITY OF BE_ UMONT. - ---- _ Jq XlkS, LD41TS FRO: INTERSTATE HIGHWAY lt! TO U. S. HIGHWAY 69, 96 AND 287, AND OF THE CITY TO EXECUTE SIVE A14D THE CITY CLERK TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME. VIBEREAS, a Revised Construction and Kaintenance Agreement for the location, i.mproveme,nt and maintenance of Loop 251 from the intersection of Interstate Highway 10 to U. S. Highway 00, 96 and 287 was entered into between the State of Texas and The Cite of Beaumont, said agreement being dated the 20th day of May, 1958; and WHEREAS, The City of Beatmont has requested that said agree- ment be amended so as to eliminate the necessity of the City approv- ing the construction plans as the project is developed to the con- struction stage, either as a unit or- :in increments, arid to permit the City-, in lieu of said approval, to state by .letter signed by its City Manager and addressed to the State of Texas,t.hrough its State Highway Commission, whettrer or riot it objects to same; and WHEREAS)' tlic- State of Texas has agreed to said change and a revised and amended agreement has .been prepared; NGW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: That the Mayor be, and he is hereby, authorized to execute fur and on behalf of the City the revised and amended Municipal Construction and Maintenance Agreement with the State of Texas, said agreement, being a revision of the agreement. of May 20, and the City. Clerk is hereby authorized to attest to same and to affix the: seal of The City of Beaumont thereto, PASSED by the City Council.. this 2,'ith day of A. D. 1961., November J. Mayor -.