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HomeMy WebLinkAboutORD 30-V% �) `'i if �t GC I .. ; ��--- Jefferson County Control -M-7-14 FA.GM 1489 (1) U. S. Highway g0 AN ORDINANCE PROVIDING FOR THE INSTA.LIATION, 0_ TRATION AND MAINTE- 11UTCE OF A gLGHWAY-RAILROAD GRAD7+' CROSSING PRO`.''ECTTON DEVICE ON Um S. Highway 90 (College St.� ........... ---........................................................... ............................. ................. .... ...... ......................... I ....... ...... WJTME SAID STREET CROSSES THE LINE OF THETE -AM NEff ORLEANS. ........ 6 6 1�P . ................. ........................... ....._.....--------------------•------.......... IN THE CITY OF ....................... . B�iU�dCI�T ........... .-:.... i TEXAS, AND AUTHOR- . ... ..................... . IZING THE MAYOR OT THE CITY TO EXECUTE AND THE CITY SECRETARY TO 3 1' FIX" THE CORPORATE SEAL AND ATTEST THE SAME,' A PERTAIN CONT.' -CT B + N THE 'CITY, TIE], STATE OF TEXAS AND .THE RAI: ROAD COMPANY FOR THEINSTALLATION, CONSTRUCTION, EXISTENCE AND THE USE OF SAID PRO- TECTION DEVICE PROJECT; FOR THE PAYMENTS BY THE STATE OF TEXAS, of THE CONSTRUCTION COSTS OF SAID.PROTECTION DEVICE PROJECT; FOR THE ASSUIMFTION, BY THE CITY, OF ALL DAA GES TO ADJOIN:=NGS ABUTTING AI OTHER PROPERTY I= BUSINESS AND TO TENANT OR OCCU1`ANT THEREOF BY R.L 11SON OF THE INSTALL10ION OF SAID PROTECTION DEVICE PROJECT; FOR THE PROTECTION OF THE ST1.TE OF T_ML' S AND THE RAI120AD _ COMPANY AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNC TION WITH A CLAIM OR SUIT THEREOF; AVD- DEG-LARiN&-A*-BMM EN&Y-AND-FROVIDING-TW T-RIZ--0RD-I-N4NCE-SHA-LL BFB W;T',14iOM,AND-AI+TM---IT-S-PA-S-AG-E-i- WHEREAS, the public convenience, safety and necessity of the .City, and the people of the City require that the protection device project be installed where U....S....Hi hway .90..College...St,) ................ ............................... ........-------.....................------................. crosses the track of the.. -.-Texas and New. Orleans Railroad Company ...................... ....... ............. ............................................................... ;............................ in the city of . ...............•-------. ............. Beaumont Texas, since the existing. railroad grade crossing constitutes a danger and serious inconvenience to the public tahich is urgently required to be remedied and the only practical remedy is that of installing a highway -railroad grade crossing protection device; and WEEREAS, the City has requested the State of.Texas to contribute fi- nancial ai& in the installation of the protection device project; and WHEREAS, the State of Texas has made it known to the City that it grill assist the City in the installation of the protection devi.c.e.project...by furn-ohing the necessary fw.ids for the actual construction and by supervising construction, providing the City approves the plans for said. protection device; and yTH REAS, the City, in consideration of the providing of said protec- tion device project; agrees to protect the State of Texan and the.Railroad Company from any and all liability and any,and all damages to adjoining and abutting propert=y or other property or business or to any tenants occupying such property, caused by the installation, the construction, the existence and the -use of the protection device project or the passage and enforcement of this ordinance. Ordinance (Protection Device) 6-39=1545 1 t 11 t s� NOW, THEREFORE,.DE IT ORDAINED BY T3E CITY CO.UNCIL: Section 1. That since the -`:public convenience, safety and neclssity of the City and the people of the City .require it,.a highway -railroad grade crossing protection device project shall be: installed. where U, S, Highway 90' crosses the'track of the Texas ang4'New Orleans R roa -ompany in Section 2. That the State of 'texas be and is hereby authorized to con- struct or to have constructed the protection device project at the location and in the manner -as shown on the plans attached hereto and marked "Exhibit A" and made a part hereof in all respects and. approve, changes -thereof. Section 3. That nothing.in this ordinance shall be construed to require the State of Texas or said Railroad Comtany to assume or pay ani -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 and/ or by the installation, the construction, the use and/or the existence of the pro- tection device project authorized herein, or to -defend any suit or suits brought against the State of Texas and/or the Railroad Company by any party or parties for the recovery of any such damages. Section 4. That 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, Af any there be, arising out of,, incident to, or in any way connected with the installation, the construction, the use and/ or the existence of said protection device project, .shall be adjusted and paid solely by the City and the City shall and does hereby agree to hold harmless the State of Texas and -said Railroad Company against any and all claims, demands and causes of action for recovery of any and all such damages arising out of'the in- stallation, the construction, the use and/or the existence of said protection device project and agrees to assume the defense of any and all suits brought for the recovery of all such alleged damages,'and shall intervene and make itself a party thereto 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 or said Railroad Company so'to do, wholly relieve the State of Texas or said Railroad Company from defending the same, and hereby agrees to hold the State of Texas and said Railroad Company and each of them harmless as to court costs, attorneys fees, and all ex- penses in connection with such suits and hereby assumes and agrees to pay all judgments recovered against the State of Texas and said Railroad Company by reason of the construction, the installation, the use and/or the existence of said pro- tection device project. Section 5. Nothing in the agreement shall be construed to place any lia- bility on the City for personal injuries arising out of'the construction, the in- stallation;, the use and/or the existence of said protection device project. Ordinance (Protection Device) 6-39-1545.R 2 Section 6. That 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 and said Railroad Company 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 thereto: Section 7. That the State be and is hereby authorized, as agent of the City, to construct or have constructed said protection device project at the loca- tion and in the manner as shown on Exhibit "A" and approved changes thereof. Section 8. That the Railroad Company shall maintain said protection device project. this ordinance e effect forthwith and there being in fact an em Viand im- perative public nec ty that the work herein provid d e begun and carried out promptly and with ex tion, and that t ract aforesaid shall be immedi- ately made, executed and deliv © end that such work herein provided for may be begun and c, promp with expedition. The reading of the ordinance ee"several days is hereb spensed with and the same shall be in PASSED by the City Council this llth.day of April, A.D. 1950. s - Mayor - STATE OF TEXAS I COUNTY OF I 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 copy of an ordinance duly passed by the City Council at a meeting held on , A.D., 19_, at o'clock, M. To certify which, �•Titness my hand and seal of the City of Beaumont Texas, this due day of , 19 , in the City of Beaumont`— Texas. 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