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HomeMy WebLinkAboutORD 45-RENTITLED, AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION_OF U. S..HIGHVIAY N0._90 AND STATE HIGHWAY.NO. 124 IN.THE CITY OF BEAU- NONT, TEXAS, 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.THE 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 FOR. EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF; AND DECLARING. AN EMERGENCY AND. PROVIDING. THAT. THIS ORDINANCE SHAH, BE EFFECTIVE FRO141AND AFTER ITS PASSAGE.. WHEREAS, the public convenience, safety and necessity of the city, and the people of the city require that the portion of State Highway 124 and U. S. Highway 90 (as shown on attached plans) be constructed. Since the exist- ing street constitutes a danger and serious inconvenience to the public, it is urgen•t1y required to be remedied; and WHEREAS, the City has requested the State of Texas to contribute fi- nancially in the street project; and WHEREAS, the State of Texas has made it ]mown 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 WAS, the city, in consideration of the providing of said project, agrees to indemnify the State of 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 any way connected with the installation, the con- struction, the existence, the use and maintenance of the street project or the passage and enforcement of this ordinance. NOW., THEREFORE, BE IT ORDAINED BY THE CITY COMhIiISSION OF THE CITY OF BEAUMONT: SECTION 1. That since the public convenience, safety and necessity of the city and the people 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 All and made a part hereof in all respects. SECTION 3. That mothing in this ordinance shall be construed to obligate,the State of Texas to pay any direct, incidental, or consequental 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. SECTION 4. For and in consideration of the mutual covenants herein contained, 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 5. 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 any damages arising out of said maintenance and/or use of said street.project. SECTION 6. 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 accord- ance 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. 3 SECTION 7. The MVor of the City, having requested in writing that this ordi- nance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the contract aforesaid shall be immediately- made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordi- nance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. PASSED by the affirmative vote of the City Commission this the 8th day of April, A. D. 1947. IPitMOM8;WQ6'M-i_,ri0J dal THE STATE OF TEXAS COUI%1TY OF JEFFERSON � I, Hugh Blevins, 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 Commission at a meeting held on April 8th, A. D., 1947, at 10 o'clock A. M. To certify which, witness nV hand and seal of the City of Beaumont, Texas, this due 8th day of April, 1947, at Beaumont, Texas. City Secretary of the City of Beaumont, Texas. ENTITLEDo AN ORDiNMn SING i� Tom' CMTRUMON AND UA RMaM OF Thar PORTION Or V. MI&MAY 90. 90 AND %SUT"E HIGWAY NO. 124 IN THE cm it DFAU- id'Jt O TEWS HERE7JillHM MMWD TO A "THSTRUT ?XV=n AND AUMORIZIN i THE MUM OF THE' CITY TO EXWM AND THE CITY SEMMIM TO AFFIX TEX CORPMTE SEAL AND ATMT THE tW, A CERTAIN MM= BE"MM TO CITr AM THE STATE OF TEMS FROMING IM THE IWTAU ATIMo , COWTMMONj MUMMM{M, MST=CV AND USE Or THE SAID MWET CTI! rM, THE. INDMVIPATION. 0r ,TB STATE OF T , BY THE CITYf AG LINST ALL DMAW TO AMIXIM, ADMIN AM OTM PBOP,EMp AND FM E9%MW IN CQMC' ON WITii MW CLAW OR SUIT Tii$REOg'; AND MCLAKNO AN �r An mYIDm- Tw- nia CRDIpa sri m w Emain Yiiw mw Ann WKSIM, the,. pt 110 oonveaaiewe, , safety am amessity of the _city, gad the people of. the city requires that, the portion, of Stete %I& y 12.4. and Ulf S. HIMMV 90 (4's 'awn an st'tAched_ pans),, bi oonst*wted. Since the exist- ing street naastitutee a da nger 'a nd serious inomvmlewe to the publU, it is ur rwe 3y rerquireed to be remedied; died; and MMMOI the City ,has requestedthe tat* of Texasto contribute ff_ nanclany in the atreet PM j*6ti and �`e, the Stato of Tour h=s Mach I k"u to the +niter that, it win acssiat the city In thea straet feet ,t' fumlehing the aneceseeary 'funds for actual, e votian, reoonsUmetion road aainte o:e; anti bpr .supervising construction, pro. - yr IM the city approves the ; Uws, grades and a figment for acid p= ject j and WIEREPA the City, In owaideratim of tie 'providIng of said project, agrees to indeaaoli"y the Eta+.* 4f '%q►ic re6aineet all dankgoo or claim for day age to ad joini",. albuttir or other pmperty for rebi.oh the Stag lee .liaeblee, &rising out of,iso dent to, am . iz ems► meq wMeeted with the Installatic a, tha am- structiono tbe• exlsteace, the ossa and saintename of the . street prjeat or the passage am onfore"wat of Thies Oit` 1nancec. "j, T it BE IT OMAI ED . BY 7I1B CITY COMSMON 01'' THE MTY Ot SZA%M: 43EcrlON 1. That since the public omvin3We, .safety and nacessity of the city Sad the people of the city refire it, . said strett shall be - aonvtruoted. wECTION 2. That the Oita a of Tw as be and 1s herebar authar3.seea to eater upon A om.str.wt &M ssintaft the stroo t+ projtet. at the loutfe n and fn e ,mumor e -cc the plats, Utoahed hereto and WrUd "rabi'bit A" and 30de a part hereof in • respeate. That ming iii thi o rdim4ce shOU be constmed tO rbligwfie the take of texas to .pay AW d ct; inoi,dental, or, oansegxiAM 1' s t©- ad- joinlugo abuttiw or otlidr pro rV -in miftmeoffit pf this ordioame or tor mom of the in+staUation, ometavat onx exisUme, un and maintemmo 0-f .6MION 4. Faar and fn emolideration of ,tom im tml Coranmts herein emtatned j. the ©iV wt's 'hereb agrm* to $n&mftU'Y, tha Uto of fiefs asgai nat &U duag+es aW ODUW for .40 tgea to Adjoining, ata tlug, or other pmperty . tar which the State of Tmms is liable, arises out tlf,, , Ineidont to, Cr' in my way mud vith the. fnstanatian, .tin *ou# Wtjm, existenoej use W valutenume of said street project sad **a here%r, awe to imdomMr the State Of Tms wgsinst an 00its: attorneve' fees cad all ea sek in eeanection with adU fare tlsaagoo, arA +shall., If requested. to 40-801n wrftSt80 assist CW M eve the 115tate of tars gram def+eadiag a: at" a"to broq&t agatat it. 06*1 ,g oontaiWd bexvis *Al ;4"r'he- d A* place WM the Mute of. T w mer of liability .1AjW to, oat death of. Pe ro=$ or for daaagoo to, or lass of -Propciv .vim, out 'Of-. sr .in MW mamer ectad with the auiats: u*o or u" .or the' stmt PMJ"t atsd the oity W, A save . 'the f#afie Testis, havul+r s ghm &W amges arising out of said eetinteutme awar use said stt'eat project* , ? 0v b. the lueyw at 'the aiV. b,e • ftd is. ho"iy authorlsed to autecuts for sad as bahalf of the c1VL. an, amt and. 4x*traot with the State of Teases in accor4.. arae with and for the pavo". or calwing Out the tsrm and proYleims of tide ONI , it, the rmu &ttaeahed hft*to.ftd corked QWibit b".. The City L4aretar7 i.s' mvtV direetW to attest. the ' amt« am emt raet said to 0M, the .Proper of they etty tersta. No Text No Text No Text t a aiwt t_n the stmt wavJ*bt at. the Imation and in the ammoW . ahm an Abs lir attached sto atiptar d " fbit All and aia*.a part6 IL = s t noting. is tea odin"*An, be UAW .to cbj#gste .tho 01010. Qt TME 't4 . dirt p Imi,deaWl or omsequenUl ftmpa to atd.� JOWZg, abuttiw iv obi X"m- V , ft mfmvemout of °thin crrdia owe or b$ r"mm of the bm"U#LtjM0 the a reef. Far J"t aatborI"d haseft. Yor =4 In cmaldMU U of the aautual eta heiOID Ct»t bOd the. c,IV does %dates a s . InddwJXyI 'CUta of Tia ag t mea OW f d a to a a 6, at , ►thor �eivtv Ib I a> ter. &'tat* of To=* 3a litablep trieftw out of, i&mi 10, or tan ow MY eafteeted tb the ft&UUiAAan'P.'thefiea, tZf �, tasty and mfttftvme of Said AMA yj&6j Ct and tea b"4ft a to ftdemv tbs State of Una aplaotan . oburt 0040$' altuagwsf f"IS . 04mem. ft 60woettan ititth Camra for &&WW0G� 11, It ragwate.d .to db.. tea:1a Mrit� a tz�ity or x-etliayse+ u.:uid Of. T4=8 9!rm d0and &IV suih vAta bxv t ag#t,U*t it. �. ta3aaed hW*In XU, r be +aas' Sad 'tea glace ,u the Eltrtta of Torpow�i sac► £lability ;rw ift,may td tt� ofmama-or fcr Ufa �x�.�:'�dlt,of :..- .., .. " am 014 Out -.Of or WW Winmr. ccxyr mWd. erith tt a datem" or u" of .t ae` ;fit t, a t ` OUY vIU dave. the Ctato o£ Tams haamloaig . ' Via.. eLri aj Said twintemma ,. a'. use . of &MiMr 6 T114:14 of .Lha *IV. I>i aid . is * au ;tw to axeauta, for +.aQ et,f 't+► airy 4p &gtWgM* aid ; tt with the ��tttto o1C. 'baa In Aon.. We gir th and fear,the mW640 Of eawlyimg out - t tare 40 P440"- 6100b *r this order, .is th* ttrM Sha d hei 0 Md =kr"Uhlbit 811. 7he City nowvtoxy . istlY#d t�►..attsaat the oat . 9"emot "d, emo^ct ind Ao afi'3x the . 0061 or -the, Laity be" . No Text Will ZITATE, OF TFXAZ zctrot axv,, of the ty of Beavwnto Tms,, < creb�r carti:6j that the foregoing pages Omotitute. a trw and o -t top., v of an m-Almnee dpassed IW the MV COMIX-cion At a MeOtIM held on A.pril Sth, A. D. o 19470 at 10 c tolock A. M. To certify xhich,, w1trave My h=d and dmf of the City or Besumt, True, t1le dw M duy of 4)ril, 1947,,'at Bcatnmt., lylexROO 61ecretary of the city of iftumutp Tmij. PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF :JEFFERSON Before me, the undersigned authority, personally appeared R. A. Bean who, being by me duly sworn, says that the f o r e g o i n g and attached T.Pm-a totirP was published on the following dates: April 12, A. D., 19 47 in the BEAUMONT .Tni rrin I , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to before me, this the .day of A. D. 19 V NOTARY LIC in and for Jefferson County Texas ---.- m OF THE PORTIONOF AY NO. 90 AND STATE ). 124 IN THE CITY OF TEXAS. HEREINABOVE CO AS 'THE STREET vD AUTHORIZING THE 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 Portion of State Highway 124 and U. S. - Highway 90 (as shown on at�ached plans) be constructed. Since the exist-`: Ing street constitutes a danger and serious inconvenience to the public, it Is urgently required to be remedied; and WHEREAS, the City has requested the State of Texas to contribute fi- . nancially 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 •streat–pro- -j Sect bY'fuffllshinZ the necessary i'anas r for actual construction. reconstruc-' tion and maintenance; and 'by super- vising construction, providing the • city amproves the plans, grades and align- ment for said project; and WHEREAS, the city. in consideration. of the providing of said project, agrees ning, abutting or oTmer prc vhich .the State is liable, a: of. incident to, and in any and maintenance of or the passage and ti,t� nrdina.nre: I since the. punts nd - necessity of That the State- of Texas be and Is hereby authorized to enter upon con- struct and maintain the street project at the. location and in the manner shown on the- plans, attached herete anri mn.rkad ' Exhibit- A" and made a That nothing in this ordinance shall , construed to obligate the State of eras. to pay any direct.' incidental, consequential damages to adjoining, Jutting or other property in enforce- �anr. of this ordinance or by. reason and nnv'in consideration of thelan an +c lharein cnntained- i 'tate of Texas against all damages claims for damages to adjoining, ; ting, or other property for which State of _Texas is -liable, _arising I construction, existence, use ana mn - — tenances hereby eagree of ato indemnify tid street he State and oof Texas against all court costs, attor- neys' fees and all expenses in con- nection wi,th 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 At.- SECTION- S. -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 8treettprojeche tinand the city us.or of save the State of Texas harmless from any damages arising out of said maiiiten- ance and/or use of said street project. SECTION 6. 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 pur- pose of • carrying out the terms and provisions of this ordinance, in the form attached hereto and marked t Exhibit B". -The City Secretary is hereby directed to attest the agreement n.nd contract and to affix the proper having re= I i ;_ordinance an hat emergency work hereinr pro- r be begun and carried out