HomeMy WebLinkAboutOrd No. 11-3554118
ORDINANCE NO. 11 -3554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, APPROVING AN AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION (TXDOT) FOR
RECONSTRUCTION AND DEVELOPMENT OF U.S. 70 FROM 790 FEET
WEST OF WESTRIDGE ROAD TO MILWEE STREET; DECLARING
THAT SUCH AGREEMENT IS FOR A PUBLIC PURPOSE; AGREEING
TO A MAXIMUM OF TWO HUNDRED NINETY -EIGHT THOUSAND AND
FIVE HUNDRED FIFTY -THREE AND 96/100 DOLLARS ($298,553.96)
AS THE CITY CONTRIBUTION TOWARD THE PROJECT;
DESIGNATING AN AUTHORIZED OFFICIAL AND AUTHORIZING SUCH
OFFICIAL TO EXECUTE ALL NECESSARY DOCUMENTS;
SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS
CLAUSE; EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION
AND ENFORCEMENT OF SUCH ORDINANCE.
WHEREAS, the Texas Department of Transportation (TxDOT) owns and
operates U. S. Highway 70 in the corporate limits of the City of Plainview; and
WHEREAS, the Texas Transportation Code Ann., Sections 201.103 and
222.052, establishes that the State shall design, construct, and operate a system of
highways in cooperation with local governments; and
WHEREAS, TxDOT is reconstructing and developing a section of U. S. Highway
70 from 790 feet west of Westridge Road to Milwee Street; and
WHEREAS, such transportation improvements and developments on U. S.
Highway 70 serve a public purpose; and
WHEREAS, the City of Plainview, Texas desires to contribute to such public
purpose of reconstructing and developing areas designated by TxDOT for the U. S.
Highway 70 project; and
WHEREAS, the City Council agrees to commit a maximum amount of Two
Hundred Ninety -Eight Thousand and Five Hundred Fifty -Three and 96/100 Dollars
($298,553.96); and
WHEREAS, the City Council further designates Mayor John C. Anderson as the
City's authorized official to execute this Agreement and act on behalf of the City on all
matters pertaining to this project.
NOW, THEREFORE, The City of Plainview hereby ordains that:
Ord. No. 11 -3554
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SECTION I
The City Council for the City of Plainview, Texas hereby approves the Local
Transportation Project Advance Funding Agreement for a Surface Transportation
Program On- System Project.
SECTION II
The public purpose of such Agreement is for the reconstruction and development
of a section of U. S. Highway 70 from 790 feet west of Westridge Road to Milwee
Street.
SECTION III
The City Council further approves the commitment of a maximum amount of Two
Hundred Ninety -Eight Thousand and Five Hundred Fifty -Three and 96/100 Dollars
($298,553.96) for the City of Plainview's participation costs in such project, including city
streets along U.S. 70, which are incidental and benefit the state highway system. Such
work is based on the need to repair the pavement at the bore pits used to relocate
utilities for the project and traffic control.
SECTION IV
The Mayor is hereby authorized and directed to execute, respectively, on behalf
of the City of Plainview, Texas, all necessary documents, including the Local
Transportation Project Advance Funding Agreement for a Surface Transportation
Program On- System Project, and act on behalf of the City on all matters pertaining to
this project.
SECTION V
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A
constitutional construction hereof is intended and shall be given. There is no intent
herein to violate either of the Texas Constitution or the Constitution of the United States.
SECTION VI
Provisions of this Ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating, or governing the subject matter herein.
SECTION VII
Ord. No. 11 -3554
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119
120
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VIII
This ordinance shall be in full force and effect upon its passage and publication
as required by law.
PASSED AND APPROVED on first reading this 23 day of June, 2011.
PASSED AND APPROVED on second reading this 28 day of June, 2011.
ATTEST:
4g.,144,./J/(
Belinda Hinojosa, City Sqc tary
APPROVED AS TO CONTENT:
Mike Gilliland, Public Works Director
APPROVED AS TO FORM:
Leslie Spear Pearce, City Attorney
Ord. No. 11 -3554
Jo n C. Anderson, ayor
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