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HomeMy WebLinkAboutORD 5-VMUNICIPAL ORDINANCE ' (Construction; Reconstruction and Vaintenance) AN ORDISIMCE PROVIDING FOR .TH& CONSTRUCTION AND MAINTENANCE OF THE PORTION OF US• .HIMAY NO. `90 AS RELOCATED ALONG AND NEAR BEECH STREET IN THE CITY OF BEAUMONT AS A FREEWAY AND AS A STREET HEREINAFTER REFERRED TO.AS-„ "TAE STREET PROJECT" AND AUTHORIZING THE MAYOR OF TAE .CITY. TO EXECUTE AND THE CITY SECRE'L4RY TO AFFIX .THE CORPORATE. SHAL AND ATTEST THE SAME, A CERTAIN CON- TR4CT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR TBE INSTALLATION, CONSTRUCTION, ARINTENANCE, EXISTENCE AND USE OF THE SAID STREET PROJr'CT AS A FREEWAY, FOR THE. MDFMTIFICATION OF THE .STATE .OF TEXAS, BY THE. CITY AGAINST ALL U M MES TO ADJOINING, ABUTTING.AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION WITH ANY, CIAIM OR SUIT THEREOF: WHEREAS, the public convenience, safety and necessity of the city, and the people of the city require -that the portion of U. So Highway 9 as re- located along and near Beech Street be constructed. Since the existing street constitutes a danger and serious'iriconvenience to the public, it is urgently required'to be remedied; and' WHEREAS,' 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 I ssist the city in,the street project by furnishing the necessary funds for actual. ...construction, reconstruction and maintenance; and by supervising construction, pro- viding the city approves the plan and alignment.fbr said project; and ,WHEREAS, the city, inconsideration of.the providing of said project, agrees to indemnify the State,,f 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.arj.way connected with the installation, the construc- tion, the existence, the use and maintenance of the street project as a freeway or the passage and enforcement of this ordinance. NOW.THEREFORE, BE IT ORDAINED BY TAE. CITY COUNCIL: SECTION 1. That since the public coneenience,,safety and necessity of. the city and,the people of the city require it, said street including bridges, grade separation structures, culverts, storm sewers and outfall channels as well as the usual appurtenances common to streets and "freeways" shall be constructed. SECTION 2. That the State of Texas be'and.is hereby authorized to enter upon construct and maintain the street,project at the location and in the manner shown on the plain, attached hereto and marked "Exhibit A" and made a part hereof in all respects. SECTION 3. The Nhyor of the -City of Beaumont is hereby authorized to ap- prove and sign the detail plans for the construction of the street project or any section thereof when and as -such plans are completed and prior to award of construe - tion contract by the State. SECTION 4. That.nothing in'this ordinance shall be construed to obligate the State of Texas to pay arV direct, incidental, or consequential damages to ad- joining, abutting.or other property in enforcement of this ordinance or by reason of the installation, construction, existence,.use'and maintenance of the street project authorized herein as a freeway..,. SECTION 5. For and -in consideration of the mutual covenants herein con tained, 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 Texas is liable, arising out of, incident to, or .in any way connected with the installation, the construction, existence, use and maintenance of said street project as a street or as a freeway and does hereby agree to indemnify the State of Texas against all court costs, attorneys' fees and all expenses in con- nection with suits for such damages, and'shall, if requested to do so in writing, assist or relieve the State of Texas from defending arU such suits brought against it. SECTION b. 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 arV damages arising out of said maintenance and/or use of said street project. SECTION 7. 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 Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the city hereto. PASSED by the City Council this 22nd day of November, A. D., 1949.