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HomeMy WebLinkAboutORD 9-CCAN ORDINANCE AN ORDINANCE PROVIDING FOR THE LOCATION, CONSTRUC- TION AND MAINTENANCE OF THE PORTION OF U. S. HIGH- WAY 690 96 AND 287 IN THE CITY OF BEAUMONT, TEXAS, LIMITS FROM 0.4 MILE SOUTH OF ITS INTERSECTION WITH STATE HIGHWAY 105 TO THE LOWER NECHES VALLEY AUTHOR- ITY CANAL, AS A FREEWAY AND A STREET, HEREINAFTER REFEREED TO AS "THE PROJECT", AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY CLERK TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE RELOCATION, CONSTRUCTION, MAINTENANCE, EXISTENCE, AND USE OF SAID PROJECT AS A FREEWAY, AND AS A STREET, AND DETERMINING THE LIA- BILITIES AND RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO. WHEREAS, the public convenience, safety and necessity of the City, and the people of the City, require that a portion of U. S. Highway 69, 96 & 287 from a point 0.4 mile south of its in- tersection with State.Highway 105 to the Lower Neches Valley Auth- ority Canal be located and constructed, and since the existing condition 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 con- tribute financially in the project; and, WHEREAS, the State of Texas has made it known to the City that the State will assist the City in the improvement of said pro- ject as a street and as a Freeway, provided the City approves the plans for said project; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: SECTION 1. That since the public convenience, safety and necessity of the City require it, said project shall be constructed as a street and as a freeway as defined in House Bill No. 451, Acts 52nd Legis- lature, Regular Session. SECTION 2. That the State of Texas be and is hereby authorized to enter upon, construct and maintain the project at the location and in the manner shown on the plans to be attached hereto, marked "Exhibit A" and made a part hereof in all respects. SECTION 3. That Mayor of the City be and he 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 carry- ing out the terms and provisions of this ordinance, in the form at- tached hereto and marked ®'"Exhibit B". The Mayor of the City is further authorized to approve and sign the detailed plans for con- struction of the project or any section thereof when and as such plans are completed and prior to award of construction contract by the State. The City Clerk is hereby directed to attest the agree- ment and affix the proper seal of the City hereto. PASSED by the City Council this o2 9 day of A. D. 1958. AID ORDINANCE AN ORDINANCE PROVIDING FOR TIM LOCATION, CONSTRUC- TION AND MAINTENANCE OF THE PORTION OF U. S. HIGH- WAY 69, 96 AND 287 IN THE CITY OF BEAUMONT TEXAS LIMITS FROM 0.4 MILE SOUTH OF ITS INTERSEHION WI`I i STATE HIGHWAY 105 TO THE LONER NECHES VALLEY AUTHOR- ITY _CANAL, AS A FREEWAY AND A STREET HEREINAFTER REFERRED TO AS ''THE PROJECT, AND A&IMRIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY CLERK TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE RELOCATION© CONSTRUCTION, MAINTENANCE, EXISTENCE, AND USE OF SAID PROJECT AS A FREEWAY, AND AS A STREET, AND DETERMINING THE LIA- BILITIES AND RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO. WHEREAS, the public convenience, safety and necessity of the City, and the people of the City, require that a portion of U. S. Highway 69, 96 & 287 from a point 0.4 mile south of its in- tersection.with State Highway 105 to the Lower'Neches Malley Auth- ority Canal be located and constructed, and since the existing condition -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 con- tribute financially in the project; and, WHEREAS, the State of Texas has made it known to the City that they State will assist the City in the improvement of said pro- ject as a street and as a Freeway, provided the City approves the plans for said project® NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: SECTION 1. That since the public convenience, safety End necessity of the City require it, said project shall be constructed as a street and as a freeway as defined in House Bill No. 45101.Acts 52nd Legis- lature, Regular Session. SECTION 2. That the State of Texas be and is hereby authorized to Y. _ .: enter upon, construct and maintain the project at the location and in the manner shown on the plans to be attached -hereto, marked OExhibit A" and made a part hereof in all respects. SECTION 3. That Mayor of the City be and he 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 carry- ing out the terms and provisions of this ordinance, in the form at- tached hereto and marked "Exhibit B'. The Mayor of the City is further authorized to approve and sign the detailed plans for con- struction of the project or any section thereof when and as such plans are completed and prior to award of construction contract by the State. The City Clerk is hereby directed to attest the agree - and affix the proper seal of the City hereto. PASSED by the City Council this a� day of A. D o 1958. r Mayor-, City of Beaulhont— ec INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Dote: July 24, 1958 To: Mrs. Willie J. Brockman, City Manager From: George E. Murphy, City Attorney Subject: COMMENT Attached is an ordinance and contract with reference to construction and maintenance of.Highway 691 96 and 287 from old city limit line to LNVA canal. This is the contract that was submitted May 2nd and covered.by memorandum to you dated May 7th, setting out my objec- tions which had not been met by the Highway Department. This was again referred to me by you Tuesday of this week, and after further negotiations with the Highway Department they eliminated the paragraph wherein the City agreed to indem- nify the State Highway Department, which was one of my objections. The contract states that the City will acquire all right of way. In a letter dated July 23rd, the Highway Department states that the county has purchased all necessary right of way. The contract also provides that adjustment of utilities will be made at the cost of the City. The Highway Department advises us by letter that they understand that arrangements have been made with utility owners for the necessary adjustments at no cost to The City of Beaumont. The letter also states that there will be no financial liability accruing to the City with reference to storm sewers or curb and gutters. In view of the fact the indemnification clause has been omitted and relying on the statements from the Highway Department in their letter dated July 23rd as being correct, I have no further objections to the execution of the contract. The Highway Department has requested that early action be taken on this matter as they are attempting to process this project for contract letting in September, therefore the matter should be presented to the City Council next Tuesday. 4CyrgAfttorney . Murphy GEM:h