Loading...
HomeMy WebLinkAboutORD 39-T••" lY---l' U ��i4 tai C :J � /Jj{,f •-t "'(- Lt, 1 �� ~f / roll � MUNICIPAL ORDINANCE ` Y" (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF U. S. HIGHWAY NO. 90 IN THE CITY OF BEATLIONT, HEREIN REFERRED TO AS THE "STREET PROJECT" AND AUTHORIZING THE YAV,OR OF THE CITY TO EXECUTE AND THE CITY _C -IRK- TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BE- TVJEEN 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 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 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 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 pre- paration of plans, actual construction, reconstruction and maintenance; and by supervising construction, providing the city approves the plans, grades end align- ment 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 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 COMMISSION: 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 c onstr noted. 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 A" and made a part hereof in all res- pects, and in the manner shown on plans to be prepared by the State of Texas 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. -2 - SECTION 4. For and in consideration of the mutual covenants herein contain- ed, the. city does hereby agree to indemnify the State of Texas against 9.11 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 install- ation, 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 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 from 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, agrees 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 All, and is to be a minimum width of 180 feet, with such additional right-of-way at traffic interchanges and intersections as may 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 Btu. The City _Clerk- is hereby directed to attest the agreement and contract and affix the proper seal of the city hereto. SECTION 8. The mayor of the city, having requested in writing that this ordinance 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 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 City Commission of the City of Beaumont, this the 30th day of September, A. D. 1947. - Mayor - T - INTERIM,. AGREEM NT WHEREAS, the .Texas Hig4waiy-. Commission by �iinu�e No:.21,.86t� hese._ accepted the joint, proposal for develo�ime.nt:;of, U' S. l ghxay' 90'known• es project No. I. extending froifi'V'idor,'in Orange`.County, to, and somas the�Neahss: River in the vicinity of the preiient bridge, :and. thence westerly to _,Eleventh Scree in _ Beaumont, Jefferson County., sad WffiREASOrange :dount,yis n-ar sa®ur" •n.gr.i:g•h,t .o.f._vway fo rthat portz.o ' , the above project in Orange County, and the -requirements- of Janute No. 21,864 are' deemed as being fulfilled so far. as .Orange County -is concerned, and id�BH!!S, the :city -,C.o tiesi,on 'of the,,Cityl of .ppeamaoni in ,regular session did pit April 9, ' 1946 approve. E'kh!! iy Commission Miratxte, lea. 21,864;. and The Commissioners Court of Jefferson County -,:in apsaial session on April 1, 1946, approved Highway Comiaeion minute -no..21 864 and ,ertioipata . i�Ri�AS �: the -approval o'Y` these- bodies zndiaatea their desire to p• in the dovelopment.of this project; and. WHEREAS,` it appears neoeessery that an Interim. Agreement be entered into. hicth *ill -define the;•xeaponsibil.i.ty'of .the TeaAI Hig"isy Department.. Jeff®°son County, sad' the Cita. cat'. Beaumoiifi in thea` cleveiopmet2$;'of.taa, pro jeot:withlrt: the City of Beaumont from.Eleventh•,Street: to 4i3d' across, the- Rachii Ri:var,'rh eh Interim Agr€iement X311= s©rve.;e s;: the. basis for developmeiat of the project until detai led plsns; and .apesoificatiotis: can be prep nre,d ;, and' a formal agreement between :the parties hereto is prepared; No Text — 3..— in the manner show on t he pians when approved by the city. The Cityy wiill provide for this street projoot on.the location shun in the attached sketch marked "Exhibit Aa, a right of way not less than 180 feet wide and such additional right of way at traffic interchanges, and intersections as way be required, and approximately as ahowa by -this sketch, free. -of all obstructions, without. . cost to .the State. and will riot in the future permit encroachyaenta on said right of way. It is anderstobd and agreed that the R.O.W. limits indicated on said sketch marked *Exhibit Ag are approximate only and will probably require some modifications and revisions as found ,desirable and necessary during the preparation of the plant. The City will provide at its own expense for the installation, raising, lowering, removal or other necessary adjustment of any and all utilities or services, whether publicly or privately. owned,, as may be necessary to permit proper improvement, maintenance and use of said street project, and failure of the City to promptly carry out this provision -upon the written request of the engineer shall, if such delay results in -additional expense to the State, be the direct charge and obligation of the City. The City agrees to pay to the State promptly. the cost of making repairs to the subgrade or surfacing made necessary by reason of the installation, repair, removal-, or adjustmsnt or any such publicly. or privately awned util- ities or services, -which may occur after the completion of the street project. The City will, at its own expense, install and maintain all street lights, traffic lights4 and signal devices deemed necessary by the City and approved by the State, on said project, and Gweep, Flush and other -rise keep said street pro jedt 'in a..clesn ond, sanitary, caondition:. The city agrees to, exe.aute -all, work shown oh .the; plane-,#ither construction or maintenance,, st. its .awn cost, and expense, which is or stay bo ihdicated on such plane as tho • responsibility . of the -Olt :..The City agreec to indemnify `the, State against any and all demagea', and alaima .for damage. to, :adjoining;. abutting_ or, other -propwrty,. for .which the.. ;tate is or may be. liable arriaing, out of,. inaidsnt to or, in any way connected with : the installation, the construction, the -existence. the..ase,and/or maintenance of,.suoh street project And. does`:hereby:,agk 'a to. indemnify the State age mat Airy and all eourt costs, -attorneysI fees. andill',axpenses in eoiinsotion with Baits; for,d'd"ge,-and .shalls,,if. reques�ted'.to do :�o:.iu:vr t 'a�, aes�;t�t .�r- relieve the State from.'defending any- suoh,stit-a brough ;agaiast it. .Wothing.herain `+contained; xhill,bo.aonktr-ued,'to .place npoa the. Siete sa-y ' menner.,of liability. for ,injury., to or death :of -persons or for dcmaga to..,or . loss. of, property.sriaing, out',, of, or in any ffiannsr ,ovrsieated with the mainten ,ante or use,.of, the -street project and tho. City will .save 'the otate harmless . from any damages arising 'from, said maintenance analor. . use of said street -project.. . it is .understood ,sand . agreed, between -the parties hereto that the .'City, by . virtue of the provIsions . of. its charter and the lawa" of the State of Texas, ,has exelusivi control of and -jurisdiction over. all; streets. band publio•.ways 'xithin tho' inoorporatsd limits of ..such'. city, and. that .the, dity has requested and con- seated"to,the-construction of the above ;street project, -hereinabove hams d; and.. the State, i.n the .construction of..the above, street project,, does,so at,'the special instance -and request of.the. City. - 9 7 =,5= Nothing iii this agreement shall be ooh3trued`t6`plaoo-may" liability. 'on ..the City.for perBonal injury. arising out. of the eonatructi.oa. of such street it is farther. understood 'r naT agre®el between -the parties hoieto that 'the iimprovensnt:,analoir mmainte.nance 'of the above,pro jeot by the -State is for the aole'purpose'of. providing they travelling public a none,-adiquat6 travel teeil- A'y'-:and shel''l. iiever ' bis, 'thee 'ba6ia" of or y -claim, for State assumption of :pdrtioi- pati -On in the a ene� of an of the obligations of the ,Cit induried in the . P ,p Ym . any'of � y' � , improvGmdht.,j 'past, 6i present 6; of ,any stra'et project.; . Jetfe�son County,, •hsreinafter,•coiled -t iii eC:ounty'e-,' .as its .00ntributi.on to, thi m' pro jeotwill.,,.provids Seen Huiidiai Tufty' Thousand Dollars ',E'�$?�0 ,00© 00) to 'be used `'to -purchase right 'of say: The said% Seven Middied Fifty Thousand IIo Sara `{�+j5040b*00):',being the. 'item earm trksd, for ;right_ of '*iy for i;2� a 'pro= jilt In the., Si= Million Five Hundred $ighty-three. Thousand Five. Hundred Dollar 4i583r5 fl�i 'bond' issue voted by the 'voters of Jeffefrson County on April 5,* 194!41, It is uhdoretood that the limit of the countyi s ob'ligatiom i a Seven' Hundred Fifty' Thousand' 47560,060i,00) Dollars ' for right of wayi..and any 'fcindi in . ekoesa of _:SeTen Hundred ' Fifty fThoueand, ($750,000:90) . Dollar'e _necdeid" to purchase said, right of `way_will, be -pr avided' by the 0ity: '•It i$, £urth�r - agroe that',should the :right bf .asay'ooat. Ises' than Seven Hundred.Fifty Thoas�d ($750,000.01) Dollars,, then the limit -of' tha. Count y,1a obligati Vin. td. ll, be the actual obit of the right :of fray. - fqraj Oil. I �i SS .HEREOF,. the pariies; have.• .hereurita .s fixed their aig4atu ea. _ -the city of �Beaumon onthe any © Zg , the ' Highway ?hep ear. tmeat on . f he ;; dii ey ., end the 'County, -of: de'feraon osz,.thQ day of -9 . , .. County. fudge , Gbunty of � Jeff eraioi Co�mission•r, .Pr:ea Act. Ko.-, 1, Corr iiseioner, ,Preoi not No. ; 3 -"I Commia�i ore, Preba zzat $TDs 2 ,, _ corm ssioner, ,Freoinot �To. TSE U1�T, YI% Z•'!—?` ..�T t . t - I _ - is .he mixg .aertYf�r: that" the foregoing'- a a"true _ nd, aorrmot copy. of order . pseed Tay, the:Caoavg_a•Courtof'';, ., . ' Gouty, Tezaa. t:lg Clerk' of Coruity courr I - I C6unt.y'k Texas ATTESTS CIT7 (W BEAUli6NT`'' . Title •Of .Sign3s�g Official THE' STATE: OP.,: T4S: BY C404rmtni �Staite _33ighsav ;Commission:-`;,` ,' STATE: $IGHUY i;�IG i2dEER . . No Text