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Home My WebLink AboutORD 15-Tp7 q- 11UNICIPAL ORDINANCE (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF U. S. HIGMUY NO. 90 IN THE CITY OF BEAUIViONT, HEREIN' REFERRED TO AS THE IISTIEET. PROJECT' AND AUTHORIZING THE MAYOR OF THE ,CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE C) RFORATE SEAL AND ATTEST THE SAID, A CERTAIN CONTRACT BE- T*RtEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, CONSTRUCTION MAINTENANCE, EXISTENCE AND USE OFF 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 CLAIlII OR SUIT THEREOF: AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE- SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. 111MEREAS, the public convenience, safety and necessity of the city, and the people of the city require that the portion of U. S. 'Highwa-y 90 from the Neches River to.Eleventh Street be constructed. Since the existing routing of U. S. High- way 90 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 finan- cially to the street project; and iMREAS, the State of Texas ha-s made it known to the city that it will assist the city in the street project by -furnishing the necessary funds for pre- paration of plans, actual construction, reconstruction and maintenance; and by supervising construction, providing the city approves the plans, grades and align,4 ment for said project; and VAMREAS, the city, in considerati-on 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 construction, 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 C010JISSION: SECTION 1. That since the public convenience, safety and necessity of the city and the people of the city require it, said street project -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 shown on .sketch attached hereto and marked "Exhibit All and made a part hereof in all res- pects, and in the manner shown on plans to be prepared -by the State of Texa-s and approved by the -City of Beaumont® SECTION 3. That nothing in this ordinance shall be construed to obli- gate the State of Texas to pay any direct, incidental, or consequential damages to adjoining, 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. e w7' - 2 - SECTION 11. 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, construction, existence'. use and maintenance of said street project, axed 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 person or for damages to, or loss of property arising out of or in any manner connected with the maintenance of use of the street project and the city shall save the State of Texas harmless frbm any damages arising out of said maintenance and/or use of said street project. SECTION 6. It is understood that Jefferson County, which is a. party to said Interim Agreement., a-grees to utilize Seven Hundred Fifty Thousand Dollars ($750,000.00) of county road bond funds available for the acquisition of right -of way on said street project. Any additional funds, over and above this amount, required to complete the purchase of the right-of-way for said street project will be furnished by the city. Right-of-way will be secured approximately in accordance with the attached sketch marked "Exhibit Al", and is to be a minimum width of 180 feet, with such additional right-of-way at traffic"interchanges and intersections as ma.y. be required to provide an adequate traffic facility. SECTION 7. The mayor of the city be and is hereby authorized to execute for and on behalf of the city an interim agreement and contract with the State of Texas in accordance with and for the purpose of -carrying out the terms and pro- visions 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 affix the proper seal of the city hereto. . ' scfriPr. �i n no- %w r. r� :� r•r :.cec �— • s• .� . cwi.:+ : r, • (J.� : .. /: a u-• HM �•a r » s : ;c .. � v .••yc :.• : •P r :w e a o;�u. . .: a r .a . � a A >. : crc cR. �,'s - leF , Ifi'�M �:vU•H:. •a �([•W• , :.; G ► !'•K► ✓ 01ll►:� fu.• ! .h e V �a[rd. (Q! i'n•7� !;. ,Y .y' :r1 p11�' Y.: .� r, lM'!U. •, .n•(rt r, r .L'" }b .• ^♦ •.► :<G• '11:<O't .A, sacs♦ �•Ir: :( ryt� !•. V/. :.(.. :♦ r4�1 (.� 'i. (1�• _ ^l •N[ t!•[. t• ::•1'!1 .A v,�r tr•t7. :/a'H- a' yl!,"Y;� 1 •:� e: ira •�1:.►! • :tL•�D.� :; r,. • -r•� •k..Y .( Y.Y)♦!:Y :Yf./••U -.i. '�i`1a. � ,. i.A r .: r;Yi' •q.1 rDU. .-Y .Si!'C �'r.. vN• (. zi'pk.. •. ► �) �w � .v. N• .,.Y <I : r, r. ! L i. .� r n�► � E..c• " � � :• 1 � a . r 1�• . ��••;C F.�4 � . •- ►♦�(•:A ' Y..•' ' : � (p PASSED • • the City Commission this • ♦ of - Mayor - AN ORDINANCE 'PROVIDING FOR THE RELOCATION AND CONSTRUCTION OF THE PORTION OF U,6 S. HIGHWAY NO. 90 IN THE CITY OF BEt XONT TEAS, BETWEEN THE NECHES RIVER BRIDGE AND ELAViR STREET, HEREINAFTER REFERRED TO AS "THE STREET PROJECT", AND AUTHORIZING THE MAYOR OF THE CITY TO APPROVE AND THE CITY CLERK TO AFFIX THE CORPORATE SEAL AND ATTEST A CERTAIN PLAN DI,ACRM. OF THE SAID STREET PROJ3GT. WHEREAS, .on the 22nd - day of March, 1948, The City- of Beau- mont entered ' i nnto an Interim Agreement with the State of Texas for development of said project;.end, WHEREAS# the ;state has now, submitted* plan .for the develop- ment of said project; said plan being attached hereto and designated as Exhibit "A"; Nvol ' THEREFORE; BE IT ORDAINED BY THE_ CITY OF BEAUMONT That in consideration, of the promises, mutual covenants and agree- ments as recited in the Interim Agreement, that the plan be accepted by The- City of Beaumont as the basis for the preparation . of detailed, plans and specifications for the said project; and be it further ordained that Otho Plummer; -Mayor, be and he is.hereby authorised. to execute for and on behalf of the City approval of the plan marked Exhibit "A", and that the City Clerk be and he is hereby authorised to attest to said approval and to affix the seal of The City of Beau- mont thereto. PASSED by the City Council. this 29th day of March; A.D. 1949• - Myor -