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HomeMy WebLinkAboutORD 14-W1, sc 0 V 01. 'T MUNICIPAL ORDINANCE (Construction, Reconstruction and Maintenaned) AN ORDINANCE PROVIDING FOR THE........ CONSTRUCTION AND MAINTENANCE, OF THE PORTION OF..U..S.,....HIGHWAY NO.....9.0.... IN THE CITY- OF..BFAIMM .. .......................... ........................ .. .. .......................................................... ..................................................................................................................... I .............. ......... HEREINABOVE REFERRED TO AS "THE STREET PROJECT" 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 AND TEE STATE OF TEXAS PROVIDING FOR THE INSTALLATION.,, ............ CONSTRUCTION, MAINTENANCE.. EXISTENCE AND USE OF THE SAID STREET PROJECT: FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY,, AND FOP, EXPENSES IN CONNECTION .WITH ANY CLAIM OR SUIT THEREOF : AND DECLARING A3V'1 EMERGENCY AND FROVnITTG THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM M AFTER ITS PASSAGE. I - WHEREAS, the public convenience, safety and necessity of the city,'and the people of the city require that the. portion of ...... V.9 .. 69.&..Higbway ... 9Q ... being -the ... Neches ... River Bridge subs -structure .............................................. ................................................................. I .............................. 11 ......................... .............. - — ------ e ........ ....constructed. Since the existing street constitutes a danger and serious in- convenience to the public, it is urgently required to be remedied; and WHEREAS, the city has requested 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, pro- viding the city approves the plans, grades and alignment for said project; and . . WHEREAS, the nity, in consideration of the providing of said project, ' agrees to indemnify the State of Texas against all damageo 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 .......... construc- tion, the existence, the use and maintenance of the street project or the passage. and enforcement of this ordinance. I NOW THEREFORE) BE TT ORDAINED BY TEE CITY COUNCIL: -SECTION 1. That since the public convenience, safety and necessity of the city and the peopl& of the city require it, said street 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 plans, attached hereto and marked "Exhibit A" and made a part hereof in all respects. SECTION 3. That nothing in this orditance shah: be construed to obligate the State -of Texas to pay any direct, incidental, or consequental damages to adjoining, abutting or other property in &nfo'rcement of this ordinance or by reason of the installation, ........... construction- existence use and maintenance of the street project authorized herein. 10-43-1083 SECTION 4. For and in consideration of "the mutual conenant8-her8in-corp- 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 and does hereby agree to indemnify the State of Texas against all court costs, attorneys'' 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 S. Nothing contained herein shall ever be construed to p&ace 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 Texan harmless from any damages arising out of said mai.nt.,--nance and/or use -of said street - prnject. SECTION 6. The Mayor of the city be and is hereby authorized to execute. for and on behalf of the city an agreement and contrw t with the State of Texas in acaordanc-e----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. S -E -ON 7-----The---YiLyor-of the= -city —having-re-que�sted-in--wri-ting-that-thd s . ordinance take eff-ec-t forthwith and there being in fact an emergency and imperative necessity that the work h ere in provided for be begun and carried out promptly and with expendition and that the contract aforesaid shall be immediately made, executed and delivered to the end that such work herein pro-idedfor may be begun and carrfed out promptly and with expedition. The reading of the-ordi-nance on three several --days is hereby-dispensed-with-and-the-same-sha-11 be-in-f-u-1-1-i;o- r_e'"e--and e -f -feet f-rom-and a-f-te-r-i-ts passage. PASSED by the City Council this 10th day of May, A.D. 1949• - Mayor - 2 10-43-1083 P -- STATE OF rIMAS COUNTY OF........- ERSO . ............................ .... ................ ..................................................................... .... ... ... the duly appointed,, Walified. and acting city secretary of the City Of ........ 3-e a Umont -Teme-a ..... ............... .......... Texas, hereby certify that the fcregoing pages constitute -a - true and correct copy of an ordinance duly passed by the City Council at a meeting held- on ............................... ................................................... I A.D.; 19 .................. , at ...................... O'clock ...........M• To cqrtify which, witness my hand and seal of the City of ....... ..................... IEXABjthis clue ........................................ day of ................................ ....... ....... .......... . 19 ............ . at -............Texas. .............................................. - .......... ........................... City Secretary of the City of .................... ....-----r•.Texas Ordinance (Highway Projects) - 10 -43-1083 3