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HomeMy WebLinkAboutORD 4-VJefferson County Control 28-13 F.G.T_ . 56 Prop. U.S. Hwy. 90 AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTANCE, USE AND MAINTENANCE OF AN OVERPASS PROJECT AT THE INTERSECTION OF .........................S.... RIG xw y...90 ................................. .............. WITH THE PROPERTIES AND TRACKS OF THE . GCOLORADO .AICD-- SANTA, FE RAILWAY ............. COMPANY AND THE -TEXAS AND NEW ORLEANS RAILROAD COMPANY ............................................................................................................................................................................................................... ........................................................... .... .... IN THE CITY OF ................ �Wwx l�I.'........... , TEXAS AND. AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY 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 TEXASY 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 TEE PROTECTION OF THE STATE OF TEXAS AND THE RAILROAD COMPANY AGAINST ALL SUCH DAY-NGES AM, EXPENSES IN CaiMECTION WITH ANY CLAIM OR SUIT THEREFOR: FOR THE MAINTENANCE OF THE OVERPASS PROJECT; MM 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 grades of--p-rQp.0lugbwv..-90........ ........... .. ............... ......................................................................................................................................................................... .. .. and the tracks of the Gulf -,-._Colorado and. Santa Fe Railway and the Texas and ..... .......... .......................... ..the --Texas... and..New..Orleans:: Railroad Compa21 ................... .............. .:.............................................................................. eroc- t- s .......... 7 be separated by the Construction of an ovrpass pje, ince #�� grade crossing at such street or road over the tracts of said Railroad Company would constitute a danger and serious inconvenience to the public and that the only practical remedy is 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 permission for the construction of said overpass project across its property and over its tracts at such intersection; and WHEREAS, the State of Texas has made it known will assist the City in the construction of said overpa ing the necessary -funds for the actual construction; -by 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 ss project by furnish - preparing plans and by supervising con - project, providing the project, and after coni. - of said overpass project; 11-47-2872 Rev . D-5 Ordinance (Overpass) WHEREAS, the Railroad Company has made it known that it will grant a license and permission for said overpass project to be constructed across its property and over its tracks,at the location herein stated; and WHEREAS, 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 WHEREAS, the City will assist in the maintenance and be responsible for their portion of the maintenance of the overpass project. NOW, TMEFORE, 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 Proposed,.U.;.,S, -Highway,..90.......................................... with the properties and tracks of the. .Gua.,f.,...Q.a]_arado... and...Santa... Fe ......... .................. -Railway..Corapan-y-.and. the---T-es as...and..Naw..0r.l.eans...Rai..lroa.d.................................................................... ..CaMpany.................................................---.................-------...in the City. 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 plar,, attached hereto and marked "Exhibit Ai'I"and made a part hereof in all respects. Detailed plans, showing location, grades, etc., are to be later prepareE covering the construction of the project and when said plans governing the comtruction 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. Section 31. That nothing in this ordinance shall be construed as to require said Pailroe.d 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 adjoining, abutting or other property caused by, incidental to, or in any way connected with the passage and enforcement of this ordinance or by the installation, the construction, the existence, the use or the maintenance of the project authorized herein, or to defend any suit or suits which may be brought against said Railroad Company or 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 anyway connected with the installation, the construc- tion, the use, the existence or the maintenance of said project,, shall be 2 11-47-2872 R;e,? D-5 Ordinance (Overpass) + 4U,q p. adjusted and paid solely by the City and the City shall and sloes hereby agree to hold harmless said Railroad Company and,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 and%or.the existence and/or the maintenance of said project, and agrees to assume the defense of any and all suits brought for the'recovery of all such alleged damages, 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 hereby assumes and agrees to pay all judgments recovered against said Railroad Company and/or t".' 4.. State .of Texas by reason 'of the construction, .the installation, the use and/or tYie existence and/or the maintenance of said project. Section 5. That -the State will maintain the roadway, sidewalks, drainage structures and overpass structure, and the City will maintain all street lights, traffic lights, and signal devices and sweep, flush and otherwise keep said. project in a clean and sanitary mariner, and nothing -contained herein 'shall ever be con- strued to place upon the Railroad Company and/or the State of Texas any manner of liability for injury to, or death of persons, or for damage to, or loss of property arising from or in any manner connected with the maintenance or use of the overpass project located either on or off of,the Railroad Company's right-of-way and 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 the City will pay to"the State promptly the cost of making repairs to the subgrad.e or surfacing made necessary by.reason.of the in- stallation, repair, removal, or adjustment or any such publicly or privately owned utilities* or services, which may occur after the completion of the said overpass. project. Section 7. That. the City will refrain from passing an ordinance fixing a speed limit on said overpass project of under twenty (20) miles per hour nor will it allow the erection of signs, semaphores and/or signals that will give preference to local routes which intersect with the said project, nor that will slow up,'hin- der or delay.traffic on said overpass project. Section 8. 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 Railroad Company in accordance'with and for the purpose of carrying_ out the terme and provisions of this ordinance, in the form attached hereto,and marked "Exhibit C."' The City Secretary is.hereby directed to attest the agree- ment and contract and to affix the proper seal of the City thereto. Section 9. That the State be and is hereby. authorized, as agent of the City, to construct said overpass project at the location, to the.grade and in the manner as shown on "Exhibit A" and to be shown on "Exhibit B." 3 11-47-2872 D-5; Ordinance (Omrpass) I , 0 %I (� V t _ _ PASSED by the City Council this 27th day of June, A. D. 1950. - Mayor - STATE OF TEXAS COUNTY I, ..� . .......--� . , the duly appointed, qualified and acting City Secretary of the City of ..Beaumont.....- ... ---- ........... Texas, hereby certify that the foregoing pages constitute a true and correct cop of an ordinance duly, passed by the City Council at a meeting held on A.D., 19,47& , at ........ /-0......... o'clock, #.,.. M. To certify which, witness my hand and official seal of the City of Beatunor�t..- , Texas, this the -.+".°day of 19 ,........... at_�r�t.. r�...-.... ... , Texas . �........... , 4 City Secretary of—the City of ......B.eai4pil ............. .......... , Texas 11-47-2872 D-5 Ordinance ()