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HomeMy WebLinkAboutO-636-9-85ORDINANCE NO. 6 3 6- 9- 8 5 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF ALLEN, COUNTY OF COLLIN, 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 DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety and necessity of the City of Allen, and the people of the City require that State Highway routes within the City be adequately maintained; and, WHEREAS, the City of Allen has requested that the State of Texas, enter upon and contribute financially to the maintenance of said project; and, WHEREAS, the State of Texas has made it known to the City of Allen that it will, with its own forces and equipment and at its sole cost and expense, enter upon and maintain said project, conditioned upon the provisions concerning liabilities and responsibilities for maintenance, control, supervision, and regulation which are set out in the form attached hereto, and made a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEMENT"; and, WHEREAS, said project consists of those State Highways and/or portions thereof which are described and included in the form attached hereto and marked "MUNICIPAL MAINTENANCE AGREEMENT." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the Public convenience, safety and necessity of the City of Allen 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. Ordinance No. 63 6-9-85 - Page 1 SECTION 3. That the Mayor, or proper City official, of the City of Allen, be and is hereby authorized to execute for and on behalf of the City of Allen, an agreement with 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 made a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City of Allen thereto. SECTION 4. The Mayor of the City of Allen, 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 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. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 1 ath day of SPj2tPniber , 1985. APPROVED: p. •..- .: ATTEST: f Marty Hendrix, City6secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 636-9-85 - Page 2 Form 1037-1 MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF AT.T.FN , COUNTY OF CnT.T.TN 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 EMERGI2ICY AND PROVIDING THAT THIS ORDINANCE SHOULD 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 State Highway routes within the City be adequately maintained; and WHEREAS, the City has requested that the State of Texas, enter upon and contribute financially to the maintenance of said project; and 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, conditioned upon the provisions concerning liabilities and responsibilities for maintenance, control, supervision, and regulation which are set out in the form attached hereto, made a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEMENT"; and WHEREAS, said project consists of those State Highways and/or portions thereof which are described and included in the form attached hereto and marked "MUNICIPAL MAINTENANCE AGREEMENT." NOW, THEREFORE, BE IT ORDAINED by the City Council of the SECTION 1. That 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 with 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, made a part hereto, and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City thereto. 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 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. t AN AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF ALLEN The Municipal Maintenance Agreement between the State of Texas and the City of Allen, Collin County, Texas, dated December 17, 1979, is hereby amended as follows: EXHIBIT "A" Non Controlled Access Highway I. State Maintained B. Farm to Market 2170 From west city limit along McDermott Drive to 221' west of Allen Drive; along Main Street from 83' west of Dogwood St. to the east city limits. (Base, surface, assist in sweeping, mowing, cleaning litter and in maintenance of roadway ditches). II. City Maintained a. Farm to Market 2170 Along McDermott Drive from a point 221' west of Allen Drive to Allen Drive, along Allen Drive to Main St. along Main St. to 83' west of Dogwood St. a - t ti e , 2170 I J 1 .• E SSI 1` i, r rj LEGEND "All EXHIBIT `' NON CONTROLLED ACCESS HIGHWAYS ®STATPIAINTAINED E (BASE, SURFACE, ASSIST IN SWEEPING, MOWING, CLEANING LITTER, DITCHES) AND IN MAINTENANCE OF ROADWAY //� CITY MAINTAINED - NONE . MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT made this 19th day of Form 1038 (Revised 2/77) September , 19 85 , by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of Allen Collin County, Texas (population 8314 , 19 80 Federal Census) acting by and through its duly authorized officers, 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 assist in the mainte- nance of State Highway routes within such city; and WHEREAS, the Engineer -Director, acting for and in behalf of the State Highway and Public Transportation Commission, has made it known to the City that the State will assist the City in the maintenance, control, supervision, and regulation of State Highway routes within such city, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto: A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual convenants and agreements of the parties hereto to be by them respect- ively kept and performed, it is agreed as follows: Coverage 1. This agreement is intended to cover and provide for State partici- pation in the maintenance of the following classification of State Highway routes within the City: -1- Form 1037-2 STATE OF TEXAS COUNTY OF LOLL PM I, Marty Hendrix , the duly appointed- qualified ppointed,qualified and acting city secretary of the City of Allen , 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 September 19 , A.D., 1-9_IL_, at 7: 30 o'clock P• M. To certify which, witness my hand and seal of -I'--le City of Allen TEXAS, this due 20th day of September , 19sq, at Allen, Texas. N"\ City Secretary of he City of A11Pn Texas