HomeMy WebLinkAboutORD 34-CCG• ��;C�IdI)�.i) Form 1002
`Vol.
Page--- L:�
MUNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE
PORTION .OF YJSHIGHWAY NO. 69 IN THE CITY OF Boa=ont.* Texas
Iran LJT.�' D,a. , to Imrence i riyO -
HER EINABOVE REFERRED TO AS "THE STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE
CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE
SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE
INSTALLATION, CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET
PROJECT; FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY, AGAINST ALL
DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION
WITH ANY CLAIM OR SUIT THEREOF:
WHEREAS, the public convenience, safety and necessity of .the cit and the
people of the city require that the portion of _ U•S• M� 0 No- .T"rom LNOVA6
Canal to Lwronce Drive
be constructed. Since the existing street constitutes a danger and serious in-
convenience to the public, it is urgently required to be remedied, and
WHEREAS, the city has requested the State of Texas to contribute financial-
ly in the street project; and
WHEREAS, the State of Texas has made it known to the city that it will
assist the city in the street project by furnishing the necessary funds for actual
construction, reconstruction and maintenance; and by supervising construction, pro-
viding the city approves the plans, grades and alignment for said project; and
WHEREAS, the city, in consideration of the providing of said project,
agrees to indemnify the State of Texas against all damages or claims for damage to
adjoining, abutting or other property for which the State is liable, arising out
of, incident to, and in any way connected with the installation, the construc-
tion, the existence, the use and maintenance of the street project or the passage
and enforcement of this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY ggffJjJk. OF BEAUMONT,
TEXAS.
SECTION 1. That since the public convenience, safety and necessity of the
city and the people of the city require it, said street shall be_ constructed.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon. construct and maintain the street project at the location and in the manner
shown on the plans, attached hereto and marked "Exhibit A" and made a part hereof
in all respects.
SECTION 3. That nothing in this ordinance shall be construed to obligate
the State of Texas to pay any direct, incidental, or consequential damages to
adjoining, abutting or other property in enforcement of this ordinance or by
reason of the installation, construction, existence, use and maintenance of
the street project authorized herein.
1
Y ` .
Form 1002
SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city does hereby agree to indemnify the State of Texas against all
damages and claims for damages to adjoining, abutting, or other property for which
the State of Texas is liable, arising out of, incident to, or in any way connected
with the installation, the construction, existence, use and maintenance of said
street project and does hereby agree to indemnify the State of Texas against all
court costs, attorneys' fees and all expenses in connection with suits for such
damages, and shall, if requested to do so in writing, assist or relieve the State
of Texas from defending any such suits brought against it.
SECTION 5. Nothing contained herein shall ever be construed to place upon
the State of Texas any manner of liability for injury to or death of persons or for
damages to, or loss of property arising out of or in any manner connected with the
maintenance or use of the street project and the city will save the State of Texas
harmless from any damages arising out of said maintenance and/or use of said street
project.
SECTION 6. The Mayor of the city be and is hereby authorized to execute
for and on behalf of the city an agreement and contract with the State of Texas in
accordance with and for the purpose of carrying out the terms and provisions -of
this ordinance, in the form attached hereto and marked "Exhibit B". The City Clerk
39030E 3X is hereby directed to attest the agreement and contract and to affix the
proper seal of the city hereto.
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1958. PASSED by the City Council, this 28th day of January, A. D.
Pa