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HomeMy WebLinkAboutORD 46-R61'?, ci, �L -R AN ORDINANCE ENTITLED, AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION -OF U. S.,HIGMAY N0.-90 IN THE.CITY OF BEAUMJNT,-TEXAS, HEREINABOVE REFERRED TO AS "THE STREET PROJECT".AND AUTHORIZING THE 1AYOR OF_THC+.CITY TO EXECUTE -MID THE.CITY SECRETARY.TO,AFFIX THE:CORPORATE.SEAL AND ATTEST THE SAME,.A CERTAIN CONTRACT BETWEEN THE.CITT AND'THE STATE OF TEXAS.PROVIDING FOR THE INSTALLATION, CONSTRUCTION_, MAINTETCE., EXISTENCE AND USE OF.THE SAID STREET PROJECT; FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY, AGAINST ALL DA14LMS TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND, FOR EX - PEI NSES.IN. COME, CTION,WITH ANY.CLAIM OR. SUIT THEREOF; AND DECLARING AN EMERGENCY 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 portion of U. S. Highway 90 ('as shown on attached plans) be constructed. Since the existing 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 lmovm 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 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 construc- tion, 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 COM+tISSION 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 con- struct and maintain the street project at the location and'in the manner shown on° v the plans, attached hereto and marked "Exhibit A9l and made a part hereof in all respects. SECTION 3. That nothing 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 ary 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 accordance with and for the purpose of carrying out the terms and provisions of this ordi- nance,-- n.he,-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. SECTION 7. The Mayor of the city, having requested in writing that this ordi- nance take effect forthwith and there being in fact as 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 ordinance 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. MAYOR PRO TEMPORE 4 TIP STATE OF TEXAS COUNTY 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 my 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. 0 6 LW I pn_ \ I fE7 TI JING ✓7 MAID U. S. OF ARn1 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared R. Ao Bean who, being by me duly sworn, says that the f o r e g o i n g and attached Legal Notice was published on the following dates: A= -0J l 12 , A. D., 19 in the BEAUMONT Journal a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to before me, this the day - ;,of A. D. 194_ . - N ARY PUB in and for Jefferson County Texas KAL RT AN OR ANC' -'E`_, AN ORDINANCE PRQVID. rHE CONSTRUCTION AND NCE OF THE PORTION OF - .WAY NO. 90 TN THF. I;TTV- OF r HE THE FROM AND AFTER ITS PASSAGE, - WHEREAS, the ' public convenience; safety and necessity of the city, and �t the people of the city require that the, portion of U. S. Highway 90 (as shown' I on attached plans) be constructed: Since the existing street constitutes I a danger and serious inconvenience to the public, it is urgently required to be remedied; and WHEREAS, the City has requested the State oY Texas to "contribute fi- nancially in the street project; and WIIEREAS, the Sate of Texas has made it known to the city that it will n.csist the city in the street;.project structfon, providing the city approves the plans, grades and alignment for' said Project; and WHEREAS, the city, in consideration: of the providing of said project, agrees to indemnify the Sate 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 construction, the existence, the use ;and maintenance of the street project for the passage and enforcement of this C Vr., am u•v.+..-• ECTION 1. the Public convenience, cessity of the city and the city require it, said That the State --of.-Texas be and is > by authorized to enter upon con_ at the 1ocapon auu + shown on the plans, attached hereto and marked Exhibit A" and made a part hereof in all respects. SECTION 3. That nothing in this ordinance\ shall be construed to obligate the State of Texas to pay any direct, incidental, or consequental damages to adjoining, abutting or other property in enforce- ment installation, reason of the ins allation, construction, exist- ence, ahozethe stet project llried hrein.* SECTION 4. I For and im• consideration of thel mutual covenants herein -contained,; the city does hereby agree to indemnify the State of Texas against all damages: and claims for damakes to adjoining; abutting, or other property for which. the State of Texas is liable, arising out of, incident to, or in any way connected ion lexistence. useiland main- tenance of said street project and does hereby agree, to indemnify the State Of Texas against all court costs, attor- neys, fees and all expenses in connec- t tion with suits forsuch 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 aris-. ing out of or in any -manner connected with the project maintenance or use , of the aI the street o of Texas harmless from ll any damages ar• sing out of said mainten- ance.and/or use of said street project. SECTION, 6: The' Mayor of the city be and is 1 hereby authorized to execute for and an reemen anbehalfof f with e the Stateaof Texas in accordance. with and for the pur- pose of car dying out the terms and j ___ ., s.��—Ainnnce" in the "Exhibit B".' The City oecr—•r hereby directed to.attest the agreement Iandcontract and to affix the proper seal of the city hereto. SECTION 7. - The Mayor of the city, having re - 'I quested in writing that this ordinance i take affect forthwith and there being j in fact an emergency and imperative j necessity that the work herein pro- vided for be begun and carried out, f promptly and with expedition and; that `the contract aforesaid shaill dbe. 611-6-46 _ • STATEMENT FOR CLASSIFIED AD.VER,TISING THE ENTERPRISE COMPANY BEAUMONT, TEXAS BEAUMONT ENTERPRISE Morning and Sunday City of Beaumont City Hall Bea umontp TeX. BEAUMONT JOURNAL Evening except Sunday Date I DESCRIPTION No. Times No. Lines AMOUNT 3-3- Legal Notice 1 124 14.88 An ordinance amending a certain ordinance etc. Gulf and Interstate Railway.