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HomeMy WebLinkAboutORD 43-TMWICIPAL ORDINANCE (Construction, Reconstruction, and Maintenance) (✓ J cl_ . I I t �� Alar ORDINAHCE PROVIDING FOR THE CONSTRUCTION OR RECONSTRUCTION OF PORTIONS OF U. S. HIMUffAY NO. 90 BETNTEEK ELEVENTH STR 'ET AND THE VTEST CITY LIMITS, AND A POR- TION OF STATE HIGHWAY NO. 124 AT THE VTEST CITY LIMITS, IN THE CITY OF BEAUMORTT, JEFFERSON COUNTY, TEXAS, HEREINAFTER REFERRED TO AS "THE STREET PROTECT" AND AUTHORIZ- ING TEE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX TEE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND Th, STATE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, RECONSTRUCTION, MAINTENA�TCE, EXISTENCE AND USE OF = SAID. STREET PROJECT; FOR THE INDE14'7,\TIFICATION OF TEIE STATE OF TEXAS, BY 'TUE CITY, AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION VTITH ANY CLAIM OR SUIT THEREOF; AND DECLARING AN Eb'IERMTCY AND PROVIDING THAT THIS ORDINANCE ffIALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. 110nREAS, the public convenience, safety and necessity of the City, and the people of the city require that the portion of U. S. Highway No. 90 consisting of a new bridge to span the drainage ditch knowm as the Caldwood Cut-off ditch be construct- ed; that the portion of U. S. Highway No. 90 consisting of the bridge spanning Hille» brandt Bayou be reconstructed to provide a more adequate roadway width; and the portion of State Highway 124 consisting of the bridge spanning Hillebrandt Bayou be lengthened to provide more adequate drainage for the city. Since the portions of said highways constituting the "Street Project" constitute a danger and serious inconvenience to the public, they are urgently required to be remedied; and VE=5AS, the city has requested the State of Texas to contribute financial- ly in the street project; and IA ,AS, 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 11=1AS, the city, in consideration of the providing of said project, agrees to indemnify the State of 7bxas 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 construction, reconstruction, the existence, the use and maintenance of the street project or the passage and enforcement of this ordinance. NOVI T3EREEFORE, BE IT ORDAINED BY TEE CITY COUNCIL: 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 and re- constructed. SECTION 2© That the State of Texas be and is hereby authorized to enter upon construct, reconstruct, and maintain the street project at the locations and in the manner shown on the plans, attached hereto and marked "Exhibit All and made a part hereof in all respects. SECTION 3e That nothing in this ordinance shall be construed to obligate the'State of Texas to pay any direct, incidental, or consequental damages to adjoin- ing, djoining, abutting or other property in enforcement of this ordinance or by reason of the installation, construction, reconstruction, existence, use and maintenance of the street project authorized herein. Y-- i `F 4-Y 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, reconstruction, existence, use and maintenance of said street project and does hereby agree to indemnify the State of Texas against all court costs, attorney's 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 B11. The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the city hereto. SECTION 7, 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 contract 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. PASSED by the City Council this 14th day of September, A. D. 1948. STA' .L OF TM.S - MAYOR - COUNI'Y OF J=TRSON � I, M. M. King, Jr. , the duly appointed, qualified and acting ._ clerk, of the City of Beaumont, 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 14 , A.D., 1948, at 10800 o'clock A eM. To certify which, witness my hand'and seal of the City of Beaumont, Texas, this due 14th day of September , 19489 at Beaumont, Texas, City Cletk" .• of the City of Beaumc , Texas C O M M I S S I O N JOHN S.REDDITT. E.KNE FRED TS CH TEXAS HIGHWAY DEPARTMENT FRED A. WEMPLE P.O. Box 3190 Beaumont, Texas September 7, 1948 Controls 28-7 and 368-4 Hillebrandt Bayou and Caldwood Cut-off Bridges U. S. Highway 90 and State Highway 124 Tefferson County Mrs. Willie T. Brockman City Manager City Hall Beaumont, Texas Dear Madam: STATE HIGHWAY ENGINEER D. C. GREER FILE NO. Inclosed herewith are four (4) copies each of a "Municipal Ordinance" and a "Municipal Construction Agreement" which pertain to certain improvements on U. S. Highway 90 and State Highway 124 in Beaumont in connection with drainage improvements being under- taken by Tefferson County Drainage District No. 6. These instru- ments are the standard form of Ordinance and Agreement which are required to be executed for projects to be constructed with State Funds within the corporate limits of municipalities. You will note that the Agreement refers to the plans for the improvement, marked "Exhibit A",•which are not submitted herewith, The plans are now being prepared; and when they are completed photo- stat copies will be furnished you. We plan at this time to construct a new bridge at the tgrest .City limit line on U. S. Highway 90, to span the "Caldwood Cut-off Ditch" being excavated by Drainage District No. 6. This bridge will probably be 110 feet long and have a roadway width of 56 feet. We plan also to widen the existing 40 foot roadway bridge spanning Hillebrandt Bayou on U. S. Highway 90 to a roadway width of 56 feet. On State Highway 124 we plan to lengthen the existing bridge over-Hillebrandt Bayou 40 feet in order to increase the drainage opening, No additional right-of-way will be required for these improve- ments. arm Controls 28-7 & 368-4 Highway U.S. 90 & State 124 -2- Mrs. Willie S. Brockman Since we are making every effort to complete all preliminary details in time to let a contract in October; it is imperative that .the inclosed instruments be executed by the City Officials at the earliest date possible. Please return three (3) executed copies of each instrument to this office for further handling. The fourth copy of each is for your files. Very truly yours, R. E. Iii llmer District Engineer By: .�� E. Young Senior Resident Engineer E_RY: mgb Inc1Q 8 - 4 copies Agreement 4 copies Ordinance cc: Commissioners, Jefferson County Drainage District No, 6 Jefferson County Courthouse Beaumont, mexasm P No Text No Text No Text