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HomeMy WebLinkAbout09/25/1972 - Regular Minutes City Council MINUTES CITY COUNCIL MEETING September 25, 1972 7:00 P.M. ME MBE RS P RE SE NT: MEMBERS ABSENT: VISITORS PRESENT: Mayor J. B. Hervey; Councilmen Fred Brison, Homer Adams, Don Dale, J. D. Lindsay, R. D. Radeleff and C. A. Bonnen; City Manager Ran Boswell; City Engineer George Ford; City Planner George Eby; and Administrative Secretary Nancy Reeves None See Guest Register The meeting was called to order at 7:00 P.M. and on motion by Councilman Radeleff, seconded by Councilman Bonnen, the minutes of the August 28, 1972 meeting were unanimously approved. City Manager Ran Boswell stated that the City of College Station had received two bids for the 1972-73 street improvements program. A bid of $183,334.48 was received from Dalworth Slurry Seal Company of Arlington, Texas and a bid of $184,322.70 was received from Young Brothers of Waco, Texas. City Manager Boswell recommended that the Council accept the low bid of Dalworth Slurry Seal and on motion by Councilman Dale, seconded by Councilman Radeleff, the Council so ordered. On motion by Councilman Brison, seconded by Councilman Radeleff, Ordinance No. 835, an ordinance determining to assess a part of the cost of improving portions of Burt Street, Ash Street, Southwest Parkway and Holleman Drive against abutting property owners and providing for notice for a public hearing, was unanimously passed and approved. A public hearing was opened by Mayor Hervey on the question of rezoning Lot 4, Block 21 of the Boyett Subdivision from District No. 2, Second Dwelling House District, to District No. 3, Apartment House District. City Planner George Eby outlined the location of the property in question and when no one spoke for or against the zone change request, the public hearing was closed. On motion by Councilman Adams, seconded by Councilman Bonnen, Ordinance No. 836, an ordinance rezoning the above described property, was unanimously passed and approved. A public hearing was opened by Mayor Hervey on the question of rezoning Lot 1, Block B, College Heights Addition from District No. 2, Second Dwelling House District, to District No. 4, First Business District. City Planner George Eby explained the location of the property in question and Mr. Larry Landry, owner of the property, stated that he would be glad to answer any questions concerning this request and when no one spoke, the public hearing was closed. On motion by Councilman Bonnen, seconded by Councilman Dale, Ordinance No. 837, an ordinance rezoning the above described property, was unanimously passed and approved. Minutes City Council Meeting September 25, 1972 Page 2 A public hearing was opened by Mayor Hervey on the question of rezoning the south- west one-half of Lot 4 of the D. A. Smith Subdivision from District No. 3, Apartment House District, to District No. 4, First Business District. City Planner George Eby explained the location of the property in question. Mr. W. D. Fitch stated that he was the owner of the property a r~ would answer any questions concerning the request and when no one spoke, the public hearing was closed. On motion by Councilman Brison, seconded by Councilman Dale, Ordinance No. 838, an ordinance rezoning the above described property, was passed and approved. Councilman Adams declined to vote on this issue as he stated he might possibly have an interest in this property sometime in the future. A public hearing was called by Mayor Hervey on the question of rezoning a 21.77 acre tract of land located on the southwest side of Welsh Avenue at FM 2818 from District No. 1, First Dwelling House District, to District No. 3, Apartment House District. City Planner Eby explained the location of the property in question and Mr. W. D. Fitch, owner of the property, stated that he felt that this property was an ideal location for an apartment complex. When no one spoke during the public hearing, the hearing was closed and on motion by Councilman Dale, seconded by Councilman Radeleff, Ordinance No. 839, an ordinance rezoning the above described property, was unanimously passed and approved. A public hearing was opened by Mayor Hervey on the question of rezoning a 4.74 acre tract of land located on the northeast side of Texas Avenue and 200 feet southeast of Sterling Street from District No. 1, First Dwelling House District, to District No. 4, First Business District. City Planner Eby explained the location of the property in question. Mr. Martin Leissner, owner of the property in question, stated that it was his intention to build another garden center similar to his Hardi-Gardens on Villa Maria Road in Bryan. Mr. Leissner stated that it was also his intention to landscape the whole area surrounding the garden center. He showed the Council and the public a preliminary drawing to give everyone an idea of how the center would look. Mr. Sam Ford, 112 Richards Street, College Station, stated that he, as most of the others in the neighborhood, were not opposed to the land being used as a garden center, but were opposed to the commercial zoning because once: the land is zoned commercial, any kind of commercial business could be brought in. Mr. Walter McGruder, 2201 Texas Avenue, College Station, stated that he had no objections to this rezoning because it might possibly increase the value of his own property. When no one else spoke during this public hearing, it was closed and on motion by Councilman Adams, seconded by Councilman Radeleff, Ordinance No. 840, an ordinance rezoning the 4.74 acre tract of land owned by Mr. Martin Leissner, was unanimously passed and approved. On motion by Councilman Radeleff, seconded by Councilman Lindsay, Ordinance No. 841, an ordinance providing for a public hearing on the question of rezoning a 1. 715 acre tract of land located in the Richard Carter League from District No. 1, First Dwelling House District, to District No. 4-A, Neighborhood Business District, was unanimously passed and approved. On motion by Councilman Adams, seconded by Councilman Brison, Ordinance No. 842, an ordinance providing for a public hearing on the question of rezoning a 15. 649 acre tract of land located in the J. E. Scott League from District No. 1, First Dwelling House District, to District No. 3, Apartment House District, was unanimously passed and approved. Minutes City Council Meeting September 25, 1972 Page 3 On motion by Councilman Radeleff, seconded by Councilman Bonnen, the Council authorized the Mayor and City Council to sign an agreement between the City of College Station and the State of Texas pertaining to the City's cost for improvements along State Highway 6 from Jersey Street to Farm to Market Road 2818. It is recorded in these minutes that Councilman Adams voted "no" on this item due to the fact that he felt that the hill on Highway 6 is a dangerous situation and should be lowered before any improve- ments are done on the highway. It is also recorded in these minutes that Councilman Dale abstained from voting on this item because he owns property in this vicinity. (A copy of this agreement is attached as a part of these minutes). On motion by Councilman Dale, seconded by Councilman Radeleff, the Council approved a resolution accepting the provisions of the State Highway Commission's Minute Order No. 66441 pertaining to traffic signals at the intersection c~ University Drive and State Highway 308. (Copies of the resolution and minute order are attached as a part of these minutes). Councilman Adams voted "no" on this item stating that the four-way stop at this intersection moves traffic very we 11 99~c of the time except at the peak hours four times a day and if traffic signals are erected at this intersection, traffic will be moving much slower during other times of the day. Councilman Dale pointed out that possibly some sort of signalization could be arranged during the normal traffic count during the day. On motion by Councilman Radeleff, seconded by Councilman Bonnen, the Council approved a municipal construction and maintenance agreement pertaining to the traffic signals and other improvements at the intersection of University Drive and State Highway 308. Councilman Adams is also recorded as voting "no" on this item. (A copy of the agreement is attached as a part of these minutes). On motion by Councilman Brison, seconded by Councilman Radeleff, Ordinance No. 843, an ordinance providing for a public hearing on the proposed zoning ordinance, was unanimously passed and approved. Following a brief discussion, it was agreed that one copy of the proposed zoning ordinance would be available for anyone to check out of the office if they wanted to make a copy of it and then brought back for someone else to check out and so on. There would also be several copies in the City Secretary's office available for the public to come in and read in the office. Mayor Hervey then commended the Planning and Zoning Commission for the excellent job they had done on the ordinance and for the hours they had spent on it. Mr. Yates Canipe and Mr. John Frederick came before the Council in the interest of Junior Football and requested some lights be provided at various fields within the City. Mr. Canipe stated that there were presently over 300 boys (ages 6-12) enrolled in this program and that last year it was necessary for some games to be played in the dark due to the lack of lights. Mayor Hervey suggested that this item be turned over to the Parks and Recreation Committee for their review and comments in turn to the City Council. Councilman Adams commented that the minutes of the last Safety Committee meeting reflected a need for bicycle lanes on Jersey Street. City Manager Ran Boswell stated that additional copies of the minutes would be mailed to the Council for their review. Councilman Dale stated that the Planning and Zoning Commission not only have one regular meeting a month but they have had several special sessions to get things done; that they are always in good attendance and are doing a fine job. Mayor Hervey then stated that the Council echoed Councilman Dale's statement. Minutes City Council Meeting September 25, 1972 Page 4 Mayor Hervey informed the public that a public hearing concerning the telephone rate increase had been held Tuesday, September 19, 1972, in the auditorium of the A&M Con- solidated High School and that the City of Bryan would hold a public hearing concerning the same Tuesday, September 26, 1972 at 6:30 p.m. in the City Hall in Bryan. As there was no other business to discuss, Mayor Hervey declared the meeting adjourned, subject to call. APPROVED: ATTEST: City Secretary ~/~/ May r COMMISSION DEWITT C. GREER, CHAIRMAN HERBERT C. PETRY, JR. CHARLES E. 51MON5 TEXAS HIGHWAY DEPARTMENT ~, 0. Box 3249 Bryan, Texas 77801 October 6, 1972 STATE HIGHWAY ENGINEER J. C. DINGWALL IN REPLY REFER TO FILE NO. Project M 5267(1) Control 50-1-42 Brazos County Mr. Ran Boswell, City Manager City of College Station College Station, Texas 77840 Dear Mr. Boswell' Attached is a duplicate original of the agreement between the City of College Station and the State of Texas in connection with the construc- tion of the above project. This is for your information and files. DDG'h Attachment Yours y~ry truly, / B. G. 'Bo~kmon Supervising Resident Engineer cc- District File 50-1-42 5267 (1) Brazos County S~ATE OF TEXAS COUNTY OF TRAVlS THIS AGREEMENT, made this 25th day of September , 1972, by and between the City,,~Of College Station, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the construction of concrete curb and gutter, storm sewer work and incidental items within the limits from Farm to Market Road No. 2347 to Farm to Market Road No. 2818 on State Highway No. 6, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The est-tmaedd construction cost of this work is Eighty Three Thousand Seven Hundred and No/100 Dollars ($83,700.00), in- cluding contingencies and con~zuction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commissiom Minute No. 66077, as it applies to the City, a copy of which is attached hereto and marked "Exhibit i" md made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the C~y w~l:[ i:ransm~ t:o the State w~th the return of this agreement, executed by the City, a warrant or check made payable to the>~State Treasurer~ Account of Trust Fund No. 927 in the amount of Eighty Three Thousand Seven Hundred and No/100 Dollars ($83,700.00), to be used in paying for the proposat work required by the City in the City of College Station. It is further understood that the State ~ill construct only those items for the City as requested and required by the City and the entire cost of s/ch items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion~ then the City upon request of the State ~tll forth- with supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as __ paid is _~ore than the actual costs then the exa~sR ~__~o_,_,~_ =~_11 h~ re- turned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further understood that the City by the execution of this a~reement a~rees to the terms and conditions of State High~y Commission Hinute No. 66077, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a parc of Chis agreement. IN TESTIMONY WHEREOF, the parties hereto have caused these presents Co be executed in duplicate on the day above seated. CITY O~ COLLEGE STATION STATE OF TEXAS Party of the First Part STATE N~¢H~AY COMMISSION Party of the Second Part By: .... ~~~\ ~- Certified as being executed for the May~r~ .... ~~~ ~~.~ purpose and effect of activating By..' ~.~ ~ ~ --) ..... i~ .~' ~ ~" -~'~tablished policies, or work p~ogr~s Member ~ Cit~ Council heretofore approved ~d authorized ~~~~ ~ ~ b~ ~he State Highwa~ By: .... ~~~~ ~ ~y: .... '. ..... Member ~f City ~cil under authority of Comiss '~ '~ ~ · / ~ ' Minute ~ty bouncil' '~'~..'~ Reco~ended for execution: Member 0f By. Me~b'~r of City C~u~Cil ' ' By: _ __ WHERFAS, in BRAZOS COUNTY on present STA .TE H!~GP~AY 6, the City of College Station has reques~e~ss~tance in the widening of pavement including incidental items thereto from Farm to Market Road 2~47 southeast to Farm to Market Road 2818, a distance of approximately 1.8 miles; and ~,~tEREAS, the requested work has been tentatively accepted for p&rticipation in the Federal Metropolitan Program. NOW, THEREFORE, the State Highway Engineer is directed to tender the following proposal to the City of College Station: Provided the City will: 1. Provide for the construction of continuous curb and gutter where none now exists between F&m to Market Road 2S47 and 700 feet south of Holleman Drive, the adjustment of utilities as may be required, construction of storm sewers, etc., all as may be required for a complete project with the exception of pavement and its support. 2. Assume responsibility for the construction of driveways and sidewalks should they be deemed necessary now or in the future and agree to make such installations in accordance with governing policies and regulations of the Department. B. Maintain that portion of the work which is its responsibility in accordance with present maint~enance agreement, and agree to regulate traffic, ~.rohibit ~ D~a~rking and prevent encroach- ment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will: 1. Provide for widening pavement and its support within these limits, at an estimated cost of $605,700.00, subject to the eligibility of the proposed work for financing with Federal Metropolitan Funds. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. It is understood that the responsibility of the Texas Highway Depart- ment is confined to the pavement and its support, and all other features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of College Station. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of College Station, the State Highway Engineer is directed to proceed with the development of plans for construction and after the City has fulfilled its responsibilities, proceed with construction in the most feasible and economical manner, financing the cost in the Federal Metropolitan Program. Minute No. 66077 - Continued It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include their portion of the work in the State's construction contract, the ~tate Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of College Station and if not accepted within 90 dayz of the date hereof, the action herein contained shall be automatically cancelled. Minute No. 66077 April ~, 1972 COPY "EXH~IT A" RESOLUTION ACCEPTING THE~ PROVISIONS OF STAT~ _a!,GHWA¥ CO~SSrON ~rNUT~ O~tD~R [ m_ · .-. - .. _... THE STATE OF TEXAS .Cp!leR_e Station ,Texas CITY OF ColleEe Statto~ MOTION was made by _ _ Councilman Dale - ,- L,.. and seconded by ~_Councilman.. _. R_.adeleff ............. that the __ ,City,,of C_oll.ege_Station._. - ._ accept the' prOVisions contained in Minute Order-So. - 'j__---pas;ed b~ the sta~e-Hi-~hway commission on _ July ~!... , 19,Z~, for ~'e-improve- ment by the Texas lttShway Deportment On the road~' ~es-cr-tbed be lo~: Farm to Market Road 60 at the Intersection with State Htgh~ay 308 VOTE on the motion was as follovs: .. _.Council. m_a_n.__B_ri~on _ ._ yes .. , _ c0un_ci!man' Lin.ds_a~ ..... ye,s . ___Councilman _Adams .:. . ............ n° .... co _upcilman Radeleff .yes councilman Dale yes · .._ _ Cpun_ ci!man Bo_nnen ...... _yes - i lJ, .... .i i kq~RERUPO.~ ~he motion was declared certied. THE STATE OF TEXAS CITY olIege Stattorl ih¢ .'eby certify _that the foregoing is a true and correct copy of order passed by the ......... College station City Council on the 25th ..... - day of __. __S~ptember Floren~ Nee Hey District Bio ...... 17 MINUTE ORDER t~l~, tn ~.~I~AZO~ C0~ on ~.ltl~_~o::~~:._g0~_.D ~0, th, City of Colt,se station ' ' ~s requested assistance in the Installation of Traffic Ii,lo, and lll~inaCion ac tho Xntersection with Scats Hig~y 308; and ' ' . ,, ~aa~8. iC ham been deCe~tned chlt much ~rk tm eliltb~e for ~rctct~ci~ the Federal ~PX~ ~rosramt and , ~. tc ts the desire of th, Te~. Ht~ay hpart~t to assist NOVo THiIItllYOSS, the Orate H.tg*t~y I~Stneer to directed to tender ~tm ~ollm~n8 proposal Co Cbs Gtty of Collese mention for tho development of much a projeotl · rovided the City wills 1, l'repare consCrucCt~n piano end epectfic&tionf for the Tr&f~t~ Bi.al Byetem. 2. 4hiopC and enforce such ordtnaneme m~d. rezulattono mo may be necessary for proper operation o~ ~be instillation, 3, ttatncain and operate all o£ Cbs york constructed am 'a' parC. of the proJec~ in e manner smttmfmeto~, t0 the ~p~rtm~nt.' · .. .Eot c~ C~nnelt~Ct~ and tllmt~tion portion of 'the york"and'rill proVUe - . " for the tn~calla~lo~ of ~r~[ftc 8t~als, ~nneli~tA~n.ind-Xllumt~cto~,."~t~ .. '"' , .. ~,, ,, · , ,. ,... '~ ',~ ., , .';.'~ '.,.. ~ .... '.~ ,. ,.., , . , '. ,', ., , ''.. ~he S C~te HXa~y BngXnear 'ts. dtrect~ tO enter tn~O' mgre~ant vi:th' the tit7 teac tn the Federal ~Pl~ ~rogrmm, ., ." ".' ', ' ,, ;. , ... ,'. . ,. . . , ~te ~der shall bee~'opermtt~ upon aeeepta~j"bY tb gtty~'of goll. e~ and if no~ accepted vitbin 90 deft of tb ~te'.hmr~,. ~' 6at/~."h~retn cone ".. catn~ a~ll be auc~~toally cancelled. , '.,' ~ ,, .' .. ,. " ..., ' 8ubmltte¢~ dy' .: · -;,:~.'.. ,....N ,oMt., Thle form in to ho m, hmlt~d la (tnlntuplte~tte. ,',' !.:.; .-' , ... '..~ - . '., ', . .. c~,. ............ Commissioner · :.,,';. .. :,,, .................. · .................... ~rnml~loner ,. "'~'~" OIBTRICF rILE GL]PT Comml.eton~",, Minute Numtmr T 9051 (2) Brazos County MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS X COUNTY OF B RAZOS X THIS AGREEMENT made this__ 25~h day of_September , 1972, by and between the State of Texas, hereinafter referred to as the "State", Party of the First Part, and the City of College Station, Brazos County, Texas, acting by and through its duly authorized officers under a resoxution passed the ~_Sth .... day 1972, hereinafter called the "City" Party of the Second Part WITNESSETH WHEREAS. The City of College Station has requested the State to provide for traffic signals, channelization, and illumination at the intersection of Farm to Market 60 with State Highway 308 under the Federal-Aid Urban Traffic Operations Program to increase Capacity and Safety, hereinafter referred to as TOPICS; and WHEREAS, it has been determined that such work is eligible for participation in the TOPICS; and WHEREAS, Highway Commission Minute Order No. 66441 authorized the projec= and directed the State Highway Engineer to enter into an agree- ment wi=h the City covering details of the project. AGREEMENT NOW. THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respec- tively kept and performed, as hereinafter set forth, it is agreed as follows: -1- 1. PROJECT AUTHORIZATION. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter has primary responsibility for control over all streets and public ways within the incorporated limits of such City, unless otherwise modified by law or agreement, and that the City has re- quested and consented to the construction of the project and the State in construction of such project does so at the special instance and request of the City. The City, in consideration of the mutual covenants herein contained does hereby agree to and does hereby authorize the State to install signalization, channelization, and illumination at the location, and in the manner shown on the con- struction plans. It is mutually agreed that as the project is developed to the construction stage, both parties shall approve such plans by signature approval thereon. 2. RIGHT OF WAY A,.ND .E._XISTIN_G UTILITI.E.S.. No right of waY acquisitions are required. Amy utility adjustments required for the proposed proj- ect shall be the responsibility of the City. 3. CONSTRUCTION_ RESPONSI..BiLIT!~ES. The City will provide the plans and specifications for the traffic signal installation and the State will prepare the plans and specifications for the channelization and illumination and secure approval of the Federa, 1 Highway Administration, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction as required by said plans. , 4. G~ENERAL. The City agrees to operate and maintain the entire installation upon completion, in accordance with current Higi~way Department policies. If any parts of the ec/-~ipn~ent and materials installed as a part of the project covered b'.'3 this agreement are removed by the City in the future, they shai~ b~= returned to the State or installed on a State or Federal numbered higkway route at a location approved by the State. 5. TOPICS CONDITIONS. 1. The City will either establish, maintain or otherwise provide for a traffic engineering unit which is capable of maintaining, and operating the improvements in a manner satisfactory to. the State. 2. Should an evaluation of the effectiveness o': '~e project in increasing capacity and safety of streets in o-~.'.._~ project area be re¢iuired under the program for financing ;-"_ proposed im- prove~,~=nts in the Federal Hi~kway Act of ~5~ and appl'cable regula'aions pertaining to this Act, the Ci-ay and State shall cooperate in collecting and _~.~c3 the necessary data. Each party shall be responsible for its share of the cost of this evaluation. , -2- ~?$~D October i0, 1972 OlS16 6. INDEMNIF_ICATION. The City agrees to indemnify the State against any and all damages 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 installation, the construction, the existence, the use and/or maintenance of such 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 for defending any such suits brought against it. 7. It is further understood and agreed between the parties hereto that the construction of the project by the State is for the sole purpose of providing the traveling public a more adequate travel facility and shall never be the basis of any claim for State assump- tion or participation in the payment, of the obligations of the City incurred in the improvement, past or present, of any street project. 8. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreement and/or Contracts between the City and the State, this Agreement shall take precedence over the existing Agreements and/or Contracts. -3- IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the dates indicated. Party of the First Part STATE OF TEXAS Party of the Second Part CITY OF COLLEGE STATIOP. Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway Commission under Minute No. 60394. By: Mayor j. B. Hervey Date: September 25, 1972 · . __ By: Assistant State Highway E'n~ne~ ATTEST: City Secretary Florence Nee lley A P PROVAL RE COMMENDED APPROVED AS TO FORM: Dist'r'ic~ "Engineer, 'District -17 -- ... City Attorney James H..Dozier Chief Engineer of Highway Design ..... Chief Engineer of Maintenance Operations -4- .RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF~C,.o!le~e ~ation. Texas SECTION 1. That the certain agreement dated September 25,1972 between · -. ~ _ L , , · the State of Texas and the City of College Station, Tex~s .., fOr the installation, construction, existence, use, operation, ~nd maintenance of certain highway traffic signal, channelization, and illumination project at the location of Farm to Market 60 with State Highway 308, in the City of College Station. Texas . _, be and the same is hereby, approved, and M~vor Hervev ..... , is hereby authorized to execute said contract on behalf of said-City and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED: ,,,,S_eptember 25~. 1972 ... APPROVED: S,e,,,ptember 2~, 1972 J. B. Hervey ATTEST: __ City Secretary Florence Neelley APPROVED AS TO FORM: James H. Dozier CITY ATTORNEY' S CERTIFICATE STATE OF TEXAS COUNTY OF I, .. James H. Dozier _ City Attorney for the City of CoIl. e_ge .Stat,ign. Texas, do hereby certify that the City Charter of the City of . College Station authorizes the City Council to approve the execution of contracts by means of a resolution, and that the attached contract between said City and the State of Texas, dated. September .25, 1972 approved by Resolution passed, September 25, _1972_ and executed by Mayor J. B. Hervey is valid and binding on said City insofar as its approval and execution is concerned. James H. Dozier City of College Station` Texas..._ STATE OF TEXAS COUNTY OF_. Brazo, s I, Flore ,nce Nee_lley the duly appointed, qualified and acting city secretary of the City of Co, ll, ege St,a, tion Texas, hereby certify that the foregoing pages constitute a true and correct copy of a resolution duly passed by the City Council at a meeting held on- September 25,_ .... , A.D., 19 72 at~.. 7;0_0_ _ o 'clock P. M. To certify which, witness my hand and seal of the City of College Station_ , Texas, this_ ...... 26th day of September 0 1972 , at C,,91Iege Station Texas. City S~c'ret~"~ of the 'Cit~ of Florence Neelley College Station ......... .... Texas _. COMMISSION DEWITT C. C~R'~ER,"-~CHAIRMAIq HERBERT C. PETRY, JR. CHARLES E. SIMONS TEXAS HIGHWAY DEPARTIvlENT P. O. Box 3249 Bryan, Texas 77801 October 25, 1972 STATE HIGHWAY ENGINEER J. C. DINGWALL iN REPLY REFER TO FILE NO. Honorable J. B. Hervey Mayor, City of College Station College Station, Texas 77840 Dear Mayor Hervey: Attached for your file is a copy of the executed Municipal Construction and Maintenance Agreement for the signalization, channelization, and safety lighting of the intersection of FM 60 and SH 308 in the City of College Station. Yours very truly, Joe G. Hanover District Engineer District Seventeen By: ~ -G-eorge~E. Boriskie Traffic Engineer GEB: ma Attachment cc: Mr. B. G. Bockmon Mr. J. H. Young Design Office 03t. ';Z2 T 9051 (2) Brazos County MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF B RAZOS ~ THIS AGREEMENT made this .... 9..5. th_ day of. .... . ~ September ...... , 1972, by and between the State of Texas, hereinafter referred to as the "State", Party of the First Part, and the City of College Station, Brazos County, Texas, acting by and through its duly authorized officers under a resolution passed the 9.§th day of September 1972, hereinafter called the "City" Party of the Second Part WITNESSETH WHEREAS, The City of College Station has requested the State to provide for traffic signals, channelization, and illumination at the intersection of Farm to Market 60 with State Highway 308 under the Federal-Aid Urban Traffic Operations Program to Increase Capacity and Safety, hereinafter referred to as TOPICS; and WHEREAS, it has been determined that such work is eligible for participation in the TOPICS; and WHEREAS, Highway Commission Minute Order No. 66441 authorized the project and directed the State Highway Engineer to enter into an agree- ment with the City covering details of the project. AGREEMENT Nf~, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respec- tively kept and performed, as hereinafter set forth, it is agreed as fo 1 lows: 01, 23 -1- 1. _P. ROJECT AUTHORIZATION. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter has primary responsibility for control over all streets and public ways within the incorporated limits of such City, unless therwise modified by law or agreement, and that the City has re- quested and consented to the construction of the project and the State in construction of such project does so at the special instlnce and request of the City. The City, in consideration of the mutual covenants herein contained does hereby agree to and does hereby authorize the State to install signalization, channelization, and illumination at the location, and in the manner shown on the con- struction plans. It 'is mutually agreed that as the project is developed to the construction stage, both parties shall approve such plans by signature approval thereon. 2. RIGHT OF,W.A.~ _AND .. EXISTING U?ILiTI..E..S. No right of way acquisitions are required. Any utility adjustments required for the proposed proj- ect shall be the responsibility of the City. 3. CONSTRUCTION RESPON..SIBILITIES. The City will provide the plans and specifications for the traffic signal installation and the State will prepare the plans and specifications for the channelization and illumination and secure approval of the Federal Highway Administration, advertise for bids, and let the construction contract, or otherwise provide for the construction and will supervise the construction as required by said plans. · GENERAL. The City agrees to operate and maintain the entire xnstallation upon completion, in accordance with current Highway Department policies. If any parts of the equipment and materials installed as a part of the project covered by this agreement are removed by the City in the future, they shall be returned to the State or installed on a State or Federal numbered highway route at a location approved by the State. 5. TOPI_CS C. ONDiTXONS. 1. The City will either establish, maintain or otherwise provide for a traffic engineering unit which is capable of maintaining, and operating the improvements in a manner satisfactory to. the State. 2. Should an evaluation of the effectiveness of the project in increasing capacity and safety of streets in the project area be required under the program for financing the proposed im- provements in the Federal Highway Act of 1968 and applicable regulations pertaining to this Act, the City and State shall cooperate in collecting and analyzing the necessary data. Each party shall be responsible for its share of the cost of this evaluation. -2- SED October'~ 10, 1972 6. INDEMNIFICATION. The City agrees to indemnify the State against any and all damages 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 installation, the construction, the existence, the use and/or maintenance of such 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 for defending any such suits brought against it. 7. It is further understood and agreed between the parties hereto that the construction of the project by the State is for the sole purpose of providing the traveling public a more adequate travel facility and shall never be the basis of any claim for State assump- tion or participation in the payment, of the obligations of the City incurred in the improvement, past or present, of any street project. 8. In the event the terms of this Agreement are in conflict with the provisions of any other existing Agreement and/or Contracts between the City and the State, this Agreement shall take precedence over the existing Agreements and/or Contracts. -3- IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the dates indicated. Party of the First Part STATE OF TEXAS Party of the Second Part CITY OF COLLEGE STATIOF Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work pro- grams heretofore approved and authorized by the State Highway Commission under Minute No. 60394. By: -~l~°rJ: t~'- Hervey ~ Date :~_ September 25.: 1972 ATTEST: City Secretary /! J Florence Neelley APPROVAL RECOMMENDED ct' Engineer, District 15 Chief Engineer of Highway Design~.~,~. Chief Eng -- i~~~. 0f~-Mainte~an~ce Operations C~jcai~- y Attorn~~ i ~ H. Dozier roes -4- RES OLUT I ON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF College S/ation, Texas : __ ~ : - .._ , , ...., SECTION 1. That the certain agreement dated_ Sep/.ember..25, ..19.._.72 _ between the State of Texas and the City of College Station,. . Texa,s . , for the installation, construction, exi~ten~', use, operation, and-maintenance of certain highway traffic signal, channelization, and illumination project at the location of Farm to Market 60 with State Highway 308, in the City of C_o. ll..e.ge_S, tation be and the same is hereby approved _ L .... "-_ ' · ~ and Ma~or-; ..j....B, Herye~ , is hereby authorized to execute said contract on behalf of said City and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED :_ September .25,...1972 APPROVED: September 25, 1972 or · Hervey ATTEST: City Secret~ry / / - Mrs. Florence Neell~y j~tm~ H. Dozier CITY ATTORNEY' S CERTIFICATE STATE OF TEXAS COUNTY OF James H. Dozier City Attorney for the City of College Station. , Texas, do hereby certify that the City Charter of the City of .. Colleg..e Ststion authorizes ,~ , ,_ - ! , the City Council to approve the execution of contracts by means of a resolution, and that the attached contract between said City and the State of Texas, dated_~_September 25,...1_97.2_ , approved by Resolution passed__ September 25. 1972_. and executed by~__Mavor J..B.H.e.r_ve¥- is valid and binding on said City insofar as its approval and execution is concerned. s H. Dozier City of ._ College Station . . _ 01.; STATE OF TEXAS COUNTY OF Brazos ..... I, . . Flore..n.ce N..e~el!ey .............. , the duly appointed, qualified and acting city secretary of the City of~._ C~ollege Station ..... , Texas, hereby certify that the foregoing pages constitute a true and correct copy of a resolution duly passed by the City Council at a meeting held on September 25, , A D , 19 72 at 7-00 : _ _ ~ , .. .~. : . · · , .._ I ~. ,_., ,,, o'clock P. M. To certify which, witness my hand and seal of the City of ,College Stat~.ion~ .... , Texas, this 26th __. day of, ..Sept.e. mber _, 19 72~ , at College Station , Texas. City Secretary o Florence Neelley College Station Texas -- , _ , ,,, 11 11 11 , 01. 29