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HomeMy WebLinkAboutORD 8-NC cs cy- /V 2-L(� l9 AN ORDINANCE " PROVIDING FOR'THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND ' MAINTENANCE -OF A -TRAFFIC CONTROL SIGNAL LIGHT PROJECT. -AT THE.INTERSECTION OF U...S..HIGHWAY.NO..96 &,.6-9 (ELE�TH. STREEY T BPASS) AND ' CALDER AVENUE IN. .'THE C ITY OF BEAUMONT, TEXAS, AND., AUTHORIZING. THE MAYOR OF: THE CITY TO EXE- CUTE AND THE CITY -CLERK TO --AFFIX THE.CORPORATE. SEAL.AND.ATTEST THE SAME, . A CERTAIN CONTRACT . BETW N THE CITY , AND THE' STATE OF . TEXAS PROVIDING FOR.THE:INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF SAID..PROJECT;.FOR-THE PAYMENT., BY THE STATE OF TEAS, OF THE CONSTRUCTION_ .COSTS OF. SAID PRO-. JECT; FOR THE ASSUMPTION, BY.,THE CITY, OF ALL DAMAGES TO ADJOIN- ING, ABUTTING AND. OTHER PROPERTY AND BUSINESS AND TO TENANT OR OCCUPANT THEREOF; FOR ITHE PROTEGTION.OF THE STATE OF TEXAS AGAINST ALL' SUCH. DAMAGES AND.'.EXPENSES,'IN.-CONNECTIOil WITH ANY - CLAIM OR SUIT THEREFOR; : FOR THE MAINTENANCE AND. OPERATION OF THE TRAFFIC CONTROL. SIGNAL LIGHT PROJECT; .=AND. DECLARING AN EMERGENCY. WHEREAS, the ,public .convenience,'. safety and necessity of the City, and the people of. the City',require that the traffic control signal light= .be installed, since the unprotected inter ; section constitutes a danger .and serious inconvenience to the publi-0 which is urgently required to be remedied and that. the only practical remedy .is that of installing the traffic- control . signal light as herein provided; and WHEREAS, the City has requested the State of Texas to contribute financial ., aid in the installation of the traffic con- trol signal light project; and WHEREAS' The = St ate of Texas has made -it known t o, the City that it' will assist the City in the construction of said traffic control signal light project. by furnishing the necessary funds for the actual -construction; by preparing plans and specifications; byinstalling. said traffic control signal light, and -by supervis- ing construction, providing the. City approves the plans, specifi- catlons, and location of said pro ject, - and after completion of, construction, of said traffic control signal light =project, main-' tains and Operates'. -,said traffic. -control signal light project at its sole : cost: and .experise; . and . WHEREAS, the-,' -'-City.*' in consideration of the providing of said, traffic control.. signal light project, agrees to -protect the State of Texas from any and -all liability and any and -all damages to adjoining and abutting property or -other property or busi- :. ness or to.any. tenants -occupying. suchpropertys -caused: by the : Installation-, the construction, the existence, the use, opera tion, and thie maintenance of the -traffic control signal light' ' or the passage -and enforcement of this* Ordinance* AVOW, THEREFORE, BE ; IT ORDAI iED BY THE CITY CONiMISSIOiv OF THE CITY' OF BEAUhIONT, :TEXAS: Section 1, That since' the public convenience, safety, and.necessity: of the Ci-ty and the 'people of the City require it 'a traffic con- . , trol- signal light be constructed. and provided at -the intersection of U. S. Highway. noe 96'&,69 (Eleventh Street By -Pass) and Calder Avenue in -the city. "Section 2, That the State of Texas be and is hereby 'authorized to construct said. traffic control signal dight :project .at the loca tion and in, the manner shown on the plans and as described in the specification's attached" hereto. 'arid marked "Exhibit . All and made a part hereof in.all respects. Section 3. That nothing in this ordinance_ shall be .construed as to. require the State of Texas 'to assume or. pay any direct, inciden- tal _or consequential damages ' to adjoining, -abutting or other' pro- perty or business .or to any. tenants occupying adjoining, abutting or -other property caused by -.9 incidental to, or,: in -any way connect- -ed with the passage and enforcement of this :ordinance and/or by the installations the _comntruction, 'the_ existence,, -the-use, opera- tion and/or the maintenance of the traffic -control signallight project authorized .herein.,- or to .defend any suit. or `suits which . may be brought against, the State of Texas by. any party or parties for the recovery; of any such_' damages.®: :. Section'.4. . For` and, in consideration. of the mutual.,.covenant.s herein contained, -the City''does _hereby agree that all: damages -and claims - 2 - 2cC . -Al _ -for`:..damages,, including damages to adjoining; abutting or ,other property, if -any there be, :arising -out of, incident toi. or in any.1way connected ,with the installation, the, cons`tructiori, the use operation. And/or the existence 'ofy said traffic control sig- nal. light project and/or the maintenance thereof, shall be- ad justed. and -paid solely by the City .and -the City shall anddoes hereby agree to hold harmless the State of Texas .against any and all _claims, demands Wand causes : of ..action for.recovery .of any . and all such daanages arising -out of the 'installation, .the con.- . _ struction, :the_ use, _operation and/or. -,the existence of ..said. traf- fio- eontrol.:signal light project and/or, the maintenance .thereof, . and agrees to assume .the defense. of any and al:l suits- braught f.or `-the recovery of .'all such. alleged damages, and shall' intervene`, arid,make . itse-lf a party. therein in its own name., if it is not ,al- ready made a party thereto',,_ for the purpose,, and shall if request- ed in writing. -by the State. -of Texas s o to. do' wholly relieve". the State of Texas" from defending .,the same, and -hereby agrees to "hold the -.State, of Texas harmless as t.o court costs., attorneys fees and all :expenses in, connection with such suits and hereby assumes and."agrees to pay all- judgments recovered against the' State of Texas by reason of the' construction, the -'installation, the use, operation -and/or the -existence -of said.traffie control "signal light project and/or.the maintenance _thereof. Section 5. That the City will furnish electricity, ;operate -and main- tain'or eause`to be operated and maintained.the traffic control signal light project,'. tvo , changes are to be made in ` the type of signal or design without written, authority by. the State Highway Eng.ineer.. . - Section 6.. That the. Mayorbe .arid 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`f or the purpose of , carrying out the terms and provisions of this ordinance, in the form attached hereto and marked "Exhibit B", The City Clerk is hereby directed to attest the agreement and contract and to affix the proper seal of the City thereto. Section 7. That the State be and is hereby authorized, as agent of the City, to construct said traffic control signal light project at the location and in the manner as shown on "Exhibit A" Section 8. That the condition existing at the intersection of Cal- der Avenue and Eleventh Street being dangerous to life and pro- perty, and there being in fact an emergency and imperative pub- lic 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 therein provided for may be begun and carried out promptly and with expedition, the reading of this 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 an affirmative Grote of all members of the City Commission, this the 16th day of July, A.D., 1940. APPROVED AS TO FORM: - Assistant Ciy Attorney, 4 - Mayor. t,�) d. F -N -1 6-1941-0 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON -- Before me, the undersigned authority, personally -appeared - Mar; A. Petru who, being by me duly sworn, says that the f o r e g o i n g and attached Ordinance was published on the following dates: AuF-ust 3 A. D., 19'3=43 in the BEAUMONT JOURNAL, , a daily newspaper _printed and published at Beaumont, Jefferson County, Texas. Ciassified advertising Manager SUBSCRIBED and sworn to before me, this the 3rd day Of August A. D. '19_40 NOTARY PUBLIC in and for Jefferson County Texas ,A/ AN ORDINANCE PROVIDING FOR THE"INSTAL- LATION, CONSTRIICTION, EXIST -I ENCS, -USE, OPERATION A N D FMAINTENANCE OF 'A TRAFFIC CONTROL SIGNAL LIGHT PROJ:I. ECT AT THE INTERSECTION OF' II. S. HIGHWAY. NO. 96 & 69 (ELEVENTH STREET B Y -PAS $) AND CALDER AVENUE IN THE CITY OF BEAUMONT, TEXAS, AND AUTHORIZING THE . MAYOR OF I THE CITY TO EXECUTE AND THE 1. -CITY C L E R K TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN: CON- TRACT BETWEEN THE CITY AND THE STATE OF TEXAS;PROVID- ING FOR THE INSTALLATION, CONSTRUCTION, E X I S T E N C I% USE, OPERATION AND MAIN- TENANCE OF SAID PROJECT; FOR THE- PAYMENT; BY THE STATE 1. OF TEXAS_OF OF THE CONSTRYTC-1 YOR THE ASSUMPTION. BY Tlz'.i ' CITY, OF ALL DAMAGES TO ADS ,iOIN.ING, ABUTTING AND OT-HIZB PROPERTY AND BUSINESS A TO TENANT OR O C C U P k N THEREOF; FOR THE PROTECPION OF THE STATE -OF TEXAS AGAINST ALL SUC1i ' DAMAGES AND EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREFOR: FOR THE MAIN- TENANCE AND OPERATION OF THE TRAFFIC CONTROL SIGNAL LIGHT PROJECT; AND DECLAR- ING AN EMERGENCY.' S9HEE.EAS.:,=tlie-:public-=-concen= fence, "safety and necessity of the City, and the people,of the City require -that the traffic' control signal light -be installed, since:the unprotected -intersection c o n s t i- tutes a danger and serious incon- venience to the public which is urgently required to be -remedied and that the 'only practical rem- edy is that of installing the traf- fic control signal' light as herein provided; and 'WHEREAS, the City has request- ed the State of Texas to con- tribute financial aid in the in- stallation of the traffic control signal light project,' and WHEREAS, The State of ' Texas' has made- It known, to the City that it will assist the City Al the construction of said traffic, con- trol signal light project by fur- nishing the necessary funds for the actual construction; by preparing plans and specifications; by in- stalling said- traffic control. signal light, and bypsupeivising construc- tion, providling the `City approves the plans, specifications, and lo- cation of said project, and after completion of construction of said �traffie control signal light project, maintains and operates- said traf- fic control signal light project at Its sole cost and expense; and WHEREAS, the City, An consider- ation o1 the proWding ofsaid traf- fic control signal light project, agrees -46-'protects the State of F • _Texas from any and all liability; and any and all damages to ad-' joining -and abutting property or other property or business —0r—to any tenantcupying =prop- erty, cause y -the in lation, the conSEruction, the 'existence, the e, operation, and the mainten- ance of the traffic control signal light or the passage and enforce- ment of this ordinance. NOW, THEREFORE, BE IT -OR- DAINED ' BY THE CITY COMMIS_ Sim, CITY O Fy, B E A,U MON T, TEXAS, Section 1 That -since the public : conyen fence, safety and necessity of the City and, the people of the City re- quire it, a traffic 'control signal light be constructed and provided at the intersection,of U. S. High- way No. 96 & 69 (Eleventh Street By -Pass) and Calder Avenue ins the city. Section 2 That the State of Texas be and Is hereby authorized to construct said traffic control signal light project at the location and in the manner shown on' the plans and as described in the specifi- cations attached hereto and marked "Exhibit A" and made B part hereof In all respects. Section 3 That nothing, in this.ordinance shall be construed as to, require the State of Texas to assume or pay any direct, incidental orr con- sequential , damages to adjoining, abutting or other property or busi- ness or to, any -tenants occupying adjoining, abutting or other prop- erty caused by, incidental to, or ln':any way connected with the passage and enforcement of this ordinance and/or by. the installa- The BEAUMONT ENTERPRISE Morning and Sunday STATEMENT FOR CLASSIFIED ADVERTISING THE ENTERPRISE COMPANY BEAUMONT, TEXAS The BEAUMONT JOURNAL Evening except Sunday Acct. ,Bold Date of Beaumont City Hall August, 1940 Date I Description- In Li. No. I AMOUNT ns. nes 8-3-40. Ordinance as attached CLASSIFIED ADVERTISING D AN ORDINANCE PROVIDING- FOR' THE' INSTAL- LATION, CONSTRUCTION, EXIST- ENCE', USE, OPERATION AND MAINTENANCE ' OF A TRAFFIC I CONTROL SIGNAL LIGHT PROJ- ECT AT THE INTERSECTION OF U. S. HIGHWAY NO. ' 96 & 69 (ELEVENTH STREET B Y -P A S S) AND CALDER -AVENUE IN THE CITY OF BEAUMONT, TEXAS, AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE -CITY-C-L E R K -TO- AFFIX- T -HE - CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN 'CON - C TRAT BETWEEN THE CITY AND, THE 'STATE THE TEXAS'PROVID- ING FOR HE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAIN- TENANCE OF SAID PROJECT; FOR THE PAYMENT, BY THE STATE OF TEXAS, OF THE'CONSTRUC- TION.'COSTS OF SAID PROJECT; FOR THE ASSUMPTION, BY THE CITY, OF ALL DAMAGES TO- AD- JOINING, ABUTTING AND OTHER PROPERTY AND BUSINESS AND TO TENANT • OR O C C U P A N T THEREOF; FOR THE YROTECTION OF THE STATE OF TEXAS. AGAINST ALL SUCH, DAMAGES AND EXPENSES, IN CONNECTION, WITH ANY�CLAIM OR,SUITJ THEREFOR; FOR THE MAIN- TENANCE AND ,OPERATION OF, THE TRAFFIC-CONTRO'L'SIGNAL. LIGHT PROJECT:AND DECLAR- ING AN EMERGENCY. " , ' WHEREAS, the public conven- I fence; safety and necessity. of the City, and the people of the City require that the traffic. control signal light be installed, since the unprotected intersection consti- tutes a' danger and serious incon- venience to the public which is urgently required to be, remedied and that the I only. practical rem- edy, is that of installing the' traf- fic control signal- light, as herein provided; and - WHEREAS, the'City has request- ed' the State of Texas to con- tribute financial aid in the In- stallation of • the traffic control — signal light project; andp HONE 3 0 0 0 WHEREAS, The State of Texas has; made it _kn6wn to the City ihit;71t will' -assist! the-City.,in the. coxistruction;oL eaid'.;:,tiaffic:'scou-� _ - 1 241 $26.51