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Home My WebLink AboutORD 45-AAr Jefferson County Control 28--13 UGI 56 U. S. Highway 90 AN ORDINANCE PROVIDING IOR -TRE INSTALLATION,.CONSTRUCTION, ECISTANCE, USE AND MAINTENANCE OF AN OVERPASS PROJECT AT THE- INTERSECTION OF ....................................................... U. S. HIGHWAY 90 ............................................................... .. WITH TRE PROPERTIES AND TRACKS OF THE TAX AND NEIq ORRLEANS RAILROAD COMPANY AND TEE MISSOURI PACIFIC RAILROAD COMPANY ..............................................................................I...................................................................................................................... ...............................................d--................................------.......-----.................---.................................------...... ------...................------- IN THE CITY OF .BEA......ONT ..............I...-........--- , - TEXAS AND AUTHORIZIlVG TEE MAYOR OF THE CITY TO EXECUTE AND THE CIMgmy TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY,. THE STATE OF TEXAS AND THE RAILROAD COMPANY PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF SAID OVERPASS PROJECT;'FOR THE GRANTING OF LICENSE AND PER- MISSION BY THE RAILROAD COMPANY FOR SAID PROJECT; FOR THE PAYMENT, BY THE STATE OF TEXAS;., OF THE CONSTRUCTION COSTS OF SAID 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 AND THE RAILPOAD COMPANY AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREFOR: FOR THE MAINTENANCE OF THE OVERPASS PROJECT;, WHEREAS, the public convenience, safety and necessity of the City, and the people 'of the City require that the grades of ............................................. ... U. S, Iiightray 90 EgPress►ay on 16th Street and the tracks of the Texas and Nety Orleans Railroad Company and the Missouri ................................................................................................................................................... Pao.� f�.G.. Rai] ra...CompY......................................................................... ......................................................... be..separated*by*"tiie "bonstruct on..1of�...an...overpiis.S �pro;ject, since the existing grade crossing at'such-street or road over the tracks of said Railroad Company constitute a danger and serious inconvenience to the public which is urgently required to be remedied and that the only practical remedy ie*that of con- structing an overpass as herein provided; and WHEREAS, the City has requested the, State of Texas to contribute financial aid in the construction'of the overpass project; and WHEREAS, the City has requested the'Railroad Company to grant a license and perniission for -the construction of -said 'overpass project across its property and over its tracks"at such intersection; and WHEREAS, -the State of Texas has made it know. gill assist the City in the construction of said overp+ ing the necessary funds for the actual construction; b; specifications; by awarding of construction contracts; struction; and by assisting in the'maintenance'of said City approves the plans, grades and alignment for -said pletion of construction will -maintain certain -features and 1 to the City that it so project. by furnish - preparing plana -and by supervising con - project, providing the project, and after com- of said ovdrpass project; 11-47-2672 D-5 Ordinance { Overpas s) o W@EREAS, the Railroad Company has, made it known.. that. it will grant a license and permission for said oyerpaae.project.to be. -constructed across -its property and over its tracks.at the location herein stated; and WMMS,. the City, in consideration of the providing of:said overpass project, agrees -to protect the State -of Texas and the:Railroad Company from,any and all liability and any 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 said overpass -project or the passage and enforcement of this ordinance; and 'WIREAS, the City will assist in the maintenance and be responsible for their portion of the maintenance of the overpass project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: Section 1. That since the public convenience., 'safety .and necessity of the City and the people..of'the City require it, an overpass be constructed and provided at the intersection of U ...S. Hi&y.av 90 ......................... with the properties and tracks of the......:..........................:................................................................... Texas and. nd New Orleans Railroad Company. and the PSI psouri. P,4civic,_.�ei.�rQad,,.-•...........:... ............... ........ Coma p..��y..........................................................................................................................................................in the Gity: Section 2. That the'State.of Texas be and is hereby authorized to construct said overpass project at the approximate location and in the general. manner shown on�the plan, attached hereto and marked "Exhibit A' and made a part hereof in all respects.. Detailed plans, showing;.location, grades, etc., are to be later prepared covering the construction of the project and vhen'said •plans.governing the construction of said project have .been prepared and approved by the City, they are to be attached hereto, marked "Exhibit-B".and made a part of this ordinance in all respects. esti f,' Section 3. That nothing in this ordinance shall be construed as -to require said Railroad Company or 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'a,djoining, abutting or other property caused' by,,. Incidental to, or in any -way connected with.the passage and enforcement of tzis ordinance or by the installation, the construction, the existence,'the use or the maintenance of the project authorized'herein; or to defend any alit or suits which may .be brought against said Railroad Company or the State of saxas.by any party or parties for the recovery of any such.daamgee. Section 4.. For and.in.cansi'deration of the mutual covenants herein contained, the ,City does hereby agree that all damages and c.l.aims for ,damages to adjoining,,abutting or.other property, if any there be, arising out of, Ihoident to,=or:'.in any way connected with the installation, the construe tion,, the use, the existence or the maintenance -of said project, shall be .2 .11-47-2872 R D-5 Ordinance Over.paau31, ^IS�LGC ; �ri adjusted and paid solely by the City and the City shall and does hereby agree to hold harmless said Railroad Company and the State of Texas against any and all claims, demands and cauees of action for recovery of any and all such damages. arising out of the installation, the construction, the use and/or the existence and/or the maintenance of said project, and agrees to asswne the defense of any and all suits brought for the recovery of all such alleged damaa,ges, and shall in- tervene 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 Rail- road -company or the State of Texas;so to do; wholly relieve said Railroad Company and the State of Texas from defending.the same, and hereby agrees to hold said Rail road Company, the State of Texas and each of them, harmless as to court costs, at- torneys' fees.and all expenses in connection with such suits, and nereoy assumes and agrees to pay all such judgments recovered against said Railroad Company and/or the State of Texas by reason of the construction, the installation, the use and/or the existence and/or the maintenance of said project: Provided the City does not hereby- indemnify or agree to indemnify the Railroad Company aga.ib.st any claims, demand.s or causes of action i,:hich arise from negligent act or omission of the Rail- road Company, its agents, employees, or contractors or its passengers or its shilrpers of freight. As between the City and the Railroad Company it is mutually understood and agreed that each will be responsible for its own acts of negligence or torte, and in case of joint tortious action, such liability will be borne equally by the City and the Railroad Company. Section 5. That the State will maintain the roadway, drainage structures and overpass structure, and nothing contained herein shall ever be construed to place upon the Railroad Company, and/or*the State of Texas any manner of liability for in- jury to, or death of persons, or for damage to, or loss of property a.riiing from or in any manner connected with'the maintenance or use of the•overpass project located either on or off the Railroad Company's right-of-wayand the. City will save the Railroad Company and the State of Texas harmless from any damages arising from said maintenance and/or the use of said project. Section 6. That nothing in this ordinance shall be construed to place any liability on the City for personal injuries arising out of the construction of said project. Furthermore, that it is not the intent .of this ordinance to impose upon the City the liability for !hjury to person or property arising out of the construction of the project by the State's contractor, unless the Sta.te,.i.tself, would be liable for any such injury.or damage. Section 7. That the City will pay to the State promptly the cost of making repairs to the subgrade or surfacing made necessary by reason of the installation, re- pair, removal, or adjustment of any such publicly or privately owned utilities or ser- vices,whieh may occur after the completion of the said overpass project. Section 8. That the City will agree that traffic regulations will be es- tablished and speed limits fixed by agreement with the State as represented by tho State Highway Engineer after traffic and engineering surveys have been conducted. Section 9. That the Mayor be and is hereby authorized to execute for and on behalf of the City an agreement and contract with the State of Texas and the said 3 Ordirance (Overpess) No Text