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HomeMy WebLinkAboutORD 69-AAIED MUNICIPAL ORDINANCE C� ,X41 --A (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION PIM PaINTENANCE OF THE + PORTION OF U.S. HIGBIW NO. 69 -IN THE CITY OF.BEAUM NT, TEXAS AT TIE, INTERSECTION WITH LUCAS DRIVE HEREINABOVE RE= 5 QED TO AS "THE STREET PROJECT" AND AUTHORIZING THE, MAYOR OF THE CITY TO EXECUTE AND THE CITY .CLERK TO AFFIX THE CORPORATE SEAT, AND ATTEST THE SAME, - A CERTAIN CONTRACT BMTEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, RE -CONSTRUCTION, A%INTENANCE, EY.ISTANCE AND USE OF THE SAID STREET PROJECT: FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE, CITY AGAINST ALL DAM11GES TO. ADJOINING, AB-LITTING AND OTIiER PROPERTY, AND FOR EXPENSES IN CONNECT IONVITH ANY CLABI OR SUIT THERE- OF: AND DECLARING AN + GENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WBEREAS, the public convenience, safety and necessity of the city, and the people of the city requires that the portion of U. S. High*ay No. 69 at the inter- section with Lucas Drive be re -constructed. Since the existing street constitutes a danger and serious inconvenience to the.public, it is urgently required to be re- medied; and . IMEREAS,.the City has requested the State of Texas to contribute financially in the street project;. and WHEREAS, the State,of Texas has made it known to the city that it will as- sist the city in the street project by furnishing the necessary funds for actual con- struction, reconstruction and maintenance; and by supervising 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 indemnify the State of Texas`aga.inst 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'irstallation, the re -construction, 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 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 re -constructed. SECTION 24 That the State of Texas be and is hereby authorized to enter upon re -construction and maintain the street project'at the Location and in the manner shown on the plans, attached hereto and marked "Exhibit All and made a part -hereof in all respects. No Text MUNICIPAL ORDINANCE (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING F05 THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF U.S. HIGHWAY NO. 69 IN THE CITY OF BEAUMONT, TEXAS AT THE INTERSECTION WITH LUCAS DRIVE HEREINABOVE REFERRED TO AS "THE STRI T PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY :Cj,E�, .- TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAMK, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, RE-CONS`_'RUCTION, MAINTENANCE, EXISSTANCE AND USE OF THE SAID STREET PROJECT: FOR THE INDEi,%IFICATION 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: AND DECLARING AN EMERGK QY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE, WHEREAS, the public conreiLi.ence, safety and necessity of the city, and the people of the city requires that the portion of U.S. Highway No. 69 at the intersection with Lucas Drive be re -constructed. Since the existing street con-, stitutes a danger and serious inconvenience to the public, it is urgently required to be remedied; and WHEREAS, the City has request;=d 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, 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 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 re -construction, 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 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 re -constructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon re -construction and maintain the street project at the location and in the manner shown on the plans, attached hereto and marked "Exhibit All 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 eonsequental damages to adjoisz- ing, abutting or other property in enforcement of this ordinance or by reason of the installation, re -construction, existence, use and maintenance of the street project authorized herein. 1 SECTION 4. For and in consideration of the mutual covenants herein contained, 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 moxas is liable, arising out of, incident to, or in any way connected with the installation, the re -construction, existence, use and maintenance of said street project and does hereby agree to indemnify the State of Texas against all court costs, attorney? 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 andimarked "Er-hibit B". The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the city hereto. 1957. PASSED by the City Council this day of February, A, D.