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HomeMy WebLinkAboutORD 1-BBAN ORDZr3.ARTCE AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATIOh', AND MAINTENANCE, OF HIGII4'i �Y TR -.UT -IC SIGNALS AT THE INTERSECTIOWSH(17NT ON EKHIBI`I' NO. 1, ATTACHED HERETO AND MADE A PART I-�REOF) IN THE CITY OF BZkTP•,�r1I', TMS, AND AUTHORIZING TIS IvIA�'OP� OF THE CITY TO E-ECUTT , AND THE CITY CLERY TO AFr21K, THE CORPORATE SEn AND ATTEST THE SAIn`E, A CERTAIN CONTRACT BETIEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR. THE INST4LATION, CONSTRUCTION, EXITENCE, USE, Vi=ON, ,ND MAINTIPMINICE OF SAID HiGH,`,ZY TP.I-` FFIC SIGXALS; PAY- MENT, B'± THE STATE OF TEXAS, OF THE INSTALIATION AND CONSTRUCTIONS COSTS; PA I ENT BY THE CITY OF THE COST OF OPERATING AND 1,%INTAINING THE HIGIT AY TRAFFIC SIGNALS AI4D ALL THE PO,NER COSI' FOR OPMm 4TING S 11D HIGHVIAY TRAFFIC SIGNALS; CHANGES IN THE DESIGN OF OPERATION AND TIMING OF THE HIGH11AY TRAFFIC SIGnUS pND RDVDVING Mff PART OF THE HIGIM191 TRAFFIC SIGNALS; RETURN TO THE STATE OF ANY AVD ALL P.0TS OF SAID TRAFFIC SIOML INSTIAM T?'ON REMOVED BY THE CITY; POLICE ENFORCEMENT BY THE CITY REQUIRED FOR SECURING OBEDIENCE TO TIS: HIGMIAY TRAFFIC SIGNALS; PROTECTION OF THE STATE OF TE U2 AGAINST ALL DIWA.GES JMD EXPENSES IN CONNECTION WITH ANY C:LLBI OR SUIT THEREFOR; .AND DECLAR- ING AN EMERGENCY AND PROVIDING THAT THIS ORDIIT'GSICE SHALL BE EFFECTIiTE FROM AND AFTER ITS PASSAGE, INH-rRFM, the public convenience, safety, and necessity require that the highway traffic signals be installed at the intersectio_� show:. on Exhibit No. 1, attachecl hereto, since the unprotected intersection would constitute a potential danger and a serious inconvenience to the public which are urgently required to be remedied a -ad that the only practical remedy is that of installing the highway traffic signal as herein provided; and WHEREAS., the State of Te -,as has made it knovrn to the City that it will: (1) furnish the necessary funds for the actual construction, (2) prepare plans and specifications, (3) install said highway traffic signals, and (4) supervise construe-= tion, provided the City will; (1) approve the plans, specification, and location of said highway -traffic signals, (2) operate and maintain the signals, (3) pay all poser +a costs for operating the signals, (LF) obtain written approval of the State Highway Engineer before making asj changes in the design of operation and timing of the signals or before removing any part of the installation, (S) return ai-�)r and all parts of said highway traffic signal installations to the State of Texas should they be removed by the City for axV reason other than for installation on a State or Federal number6d high -lay route at a location approved by the State of Te.cas, and (6) be responsible for the police enforcement required for securing obedience to the highway traffic signals. ZUILUKIS, the -City., in consideration of the providing of said highway traffic signals, agrees to protect the State of Texas from any and all liability for aaj and all danages caused by the installation, construction, existence, use, operation, and/or maintenance of the highway traffic signals or the passage and enforcement of this ordinance. 1_7 UeL NOW, THEREFORE ;. BE `IT ORDAINED BY' THE :CITY COUNCIL: Section 1. That -since the public'. -convenience, safety, and necessity require it,, highway traffic signals be -constructed and provided at.the intersection shown on Exhibit Noo .1, attached hereto, in the City. of Beaumont, Texas.' :- Section : 2...That the ,State of Texas be and .;is hereby. authorized to construct said highway`tra.ffic signals at the location and -in the manner-shoxn on' the plans and described in the specifications attached hereto, marked ".Exhibit A",,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 ar{y direct, incidental, or -consequential damages to adjoining'.,, abutting) or. other - property.-or.bus iness�'cr to'bV tenants 'occupying ad6 joining., abutting or. other,property caused .by,. incidental to,' or in aRy �iay connected neorcemetofthis Odiwith the'pas6' ' nan6e, AM/or.:. by : the installation, conn : struction, 'exist'ence, : use; "operation, and/or maintenance of, the highway traffic • signals authorized herein, or to defend arq suit..suits which may be brought 'against, the.-, State of Texas by arty party or parties for' ;the :.recovery of amy such damages.. Section 4. .That for and "iri .consideration of the` mu ual covenants herein . con- ; . tamed, .. 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 .aiiy. and 'all . damages arising out"' of the installation;"construction, existenee. use, operati' - and/or main- . ;tenance of said highway; traffic : signal3, and agrees.', to" assume' ,the defense of arty and. all 'suits.brought for,: the' recovery of:a11.'such allegedaamages, and shall intervene -and.. mah"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 As to'. court costs, attorneys:,fees;, and,. all expenses in.connection, with such suits, aid hereby: assumes, and agrees .:to pay a11. judgments re- covered against the State of Texas,by reason -of the installation,. constructionexis- tence, use,'operation, and/or maintenance of said highway'traffi.c signals; Section 5. That the City will operate and maintain.,the signals. ' Section 6; ,.That the City will pay ail po-rer costs .for operating the signals,,. Section. 7. `That the, City -rill obtain written . approval of the 'State Highway, Engineer before. making .any changes: in the design of;,operation: and timing of the 'signals or.,' b 'fore:removing any .,part -of -the highway traffic. signal installations.. �d i gI-q t 9 517 Section 8. That the City -vdll return any and all parts of said - highway traffic signals installation to the State of Texas should they be removed by the City for achy reason other than for installation on a State or Federal membered high- way route at a location approved by the Stave of Texas. Section 9. That the City will be responsible for the police enforcement required for secui-ing obedience to the highway traffic signals. Section 10. That the Mayor be and is hereby authorized to execute for, and on behalf of the City an alleer-ent 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, made a part hereof, and marked "Exhibit Ba" The City Clerk is hereby directed to attest the Agreement and Contract and to affix the proper seal of the City thereto. PASSED by the City Council, this 29th day of Januar�,r, A. D. 1957. 9 Mayor