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HomeMy WebLinkAboutORD 12-N11 AN ORDINANCE AN ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF TEE PORTION OF URITED_STATES HIGHWAY NO. 69 IN THE CITY OF BEAUMONT, HEREINAFTER REFERRED TO AS THE "STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE.AND THE CITY CLERK 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, FMSTENCE AND USE OF SAID STREET PROJECT; FOR THE PAY- MENT, BY THE STATE OF TEXAS, OF THE CONSTRUCTION COSTS OF SAID.STREET PROJECT•, FOR THE ASSUMPTION, BY THE CITY, OF ALL DAMAGES TO ADJOINING. ABUTTING AND OTHER PROPERTY AND BUSINESS AND TO TENANT OR OCCUPANT THEREOF; FOR THE PROTECTION OF THE STATE -OF TEXAS AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNECTION WITH.ANY CLAIM OR SUIT THERE- OF; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the City, and the people of the City require that the portion of United States Highway No. 69 be reconstructed. :Since the existing street constitutes a danger and serious inconvenience to the public which is urgently required to be remedied; and WHEREAS, the City has requested_ the'State of Texas to contri- bute financial aid 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 neces- sary.funds for the actual construction or reconstruction; and by su- pervising construction, providing 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 protect the State of Texas from any and all lia- bility and all damages to adjoining and abutting property or other property or business or to any tenants occupying such property, caused by the installation, the construction, the existence, the use and the maintenance of the street project or the passage and enforcement of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION: 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 reconstructed. Section :2. That the State of Texas be'and is hereby authorized to con- struct 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're- quire the State of Texas to assume or pay any direct, incidental or consequential damages to adjoining, abutting or other property or business or to any tenants occupying adjoining, abutting or other property caused by,.incidental to, or in any way connected with the passage and enforcement of this ordinance and/or by the instal- lation, the construction, the use and/or the maintenance of the street 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 covenants herein' contained, -the -City does hereby agree that all damages and claims for damages to adjoining, abutting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction.,, the use, the existence., and/or the maintenance of said street project, shall be adjusted and paid solely by the City and the City shall and does hereby agree to hold harmless the.State of Texas against any and all claims, demands and causes of action for recovery of any and all such damages arising out of the installation, the construction, the use, the existence, and/or the maintenance of said street project, and agrees to assume the defense of any and all suits brought for the recovery of all alleged damages, and shall intervene and make itself a party there- in in its own name, if it is not already made a party thereto., for the purpose; and shall if requested in writing by the State of Texas so to do., -wholly relieve the State of Texas -from -defending the same,. and hereby agrees to hold the State of Texas harmless as to all judgments, court costs, attorneys' fees and all expenses in connect- ion with such suits. 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 damage 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. That 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 is hereby directed to attest the agreement and contract and to affix the proper seal of the City hereto. Section 7. That the :State be. and is hereby authorized, as egent of the City,. to _ construct - said project at ,the location, to the grade and in the manner as shown on Exhibit "A". Section 8. That the Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative public 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 pas- sage. ?aA4-tk � ,AJ pro, 4 �/ o , ;90R- STATE OF TEXAS X COUNTY OF TRAVIS THISAGREEMENT, made this. day of July, 1940, -by and between the State of Texas, hereinafter referred to as the "Stater';, Party of the First -Part; and the City of Beaumont, Jefferson County, Texas,' acting by and'through its duly authorized officers under an ordinance passed the 30th day 'of July, 1940, hereinafter called the "City4D, Party oft he Second Part: WITNESSETH: VVEEREAS, the City has' authorized the construction of a street protect by ordinance passed- on the 30th day of July, 1940, on United States Highway No. 69. in the City; and ITIMEAS, the City -has requested the State to contribute. financial aid in the constr-uction of said street projects; and WHEREAS, the State has made it known to the City that it will assist the City in .the construction of ,said street project by furnishing the necessary ftimds for the actual, construction of said street ,project and by preparing plans, awarding construction con- tract, and supervising construction, providing the City approves the plans, specifications, grades ,and alignment of same, and pro. viding further that the City assumes responsibility for'all damages to adjoining -,"abutting' and other property occasioned by or result- ing from the installation,, construction, existence, -use and main-, tenance of -said street project and the: passage and enforcement of the- ord- nance hereinabove referred to. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be -by them respectively kept and performed, as -he,r©inafter setforth., it is agreed. as .folloWs 1, Thea State ' of Texas be .nd is hereby 'authorized to con- struct the street projec,i at the .location,'an.d in the manner shown on. the plans, attached hereto .and marked. "-Exhibit All and made a part hereof in -all respects. J- ,_ . :A A A 2. For and in consideration of the mutual covenants and agreements herein, contained, the City does hereby agree that all damages and claims for damages to adjoining, abutting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction, the use, the existence and/or the maintenance of said ,street project shall be ad- justod and paid solely by the City and the City shall and does hereby agree to hold harmless the State of Texas against any and all claims, demands and causes of action for recovery of any and all such damages anis_ ng out of the --Installation, the construction, the use and the ex- istenc-e-and/or maintenance of said street project, and amrees to as- sume the defense of any an6 all suits brought for the recovery of all such alleged damages, and shall intervene and make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writing by the State of Texas so to do, wholly relieve the State of Texas from defending the same, and hereby agrees to hold the State of Texas harmless from all judgments, court costs, attorneys fees and all expenses in connection with si,ch suits. 3, As its contribution to the construction of the above men- tioned street project, the State agrees to prepare or provide plans and specifications, and supervise construction thereof and to pay all of the cost of the actual construction thereof, 4. 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 damage to, or loss of property arising out of or in any manner connectod with tho maintenance or use of the street project and the City will save the State of Texas harmless from any damages arising from said maintenance and/or use of said street project. 5, It is understood and agreed between the parties hereto that the City,, by virtue of the provisions of its charter and the laws of the State of Texas, has exclusive control of and jurisdiction of all streets and public gays within the incorporated limits of said City, and that the City has requested and has consented to the C�2Gi� -2D-l.� Y� construction of the street .project hereinabove named, and the State, in the 'construction .of the above named street project, does.so at the special, instance .and,request of the' Cit- The. location, grades and manner of the construction being shorn on plans.:. attached hereto marked .E?xhibit A" and made a part • hereof . The State .Highway Depart. meet of the State of Texas .acts .as the aPent of the City in _the eon- ' struct1o' n of. the, -street. project .thereof, 6 Nothing in the- agreement.' shall be ,construed to, place any liability. on the City for. personal injuries arising out of the con-.. strueti•on of .said street project. IN:TESTIMONY VfflERE0F., the parties hereto hav5' caused. these pre.sent-s: to be executed in 'duplic'.ate -on the day .above 'stated„ CITY. OF BEAUA:ZONT ATTEST: By, Mayor Clerk STATE OF TEXAS, APPROVED: By -Statu e IlIgIaway Engineer s rmah,;.. tate ighivay ommission Member,, tate ighviay Commission RECOMIENDED FOR APPROVAL, APPROVED, -AS TO. FORM: Cief Engineer, Construction and Designs City At orney Assistant Attorney Genera