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Home My WebLink AboutORD 38-U............. �_ l �• p p c r MUNICIPAL ORDINANCE (Construction, Reconstruction and Maintenancd) AN ORDINANCE PROVIDING FOR TEE........ CONSTRUCTION AND MAINTENANCE OF THE .PORTION OF..�........HIGHWAY NO. IN THE CITY OF..PEAUMONT....................................:...:........................., .n.914.. m, 5.T ... NED..4Z..0.1k7t..0CHFA...pll_=...BR1PCE...TQ... 1?.T=... 32RE.42.......................... .................. HEREINABOVE REFERRED TO AS "TEE 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 TEE STATE'OF TEXAS PROVIDING FOR THE INSTALLATION, ........... :. CONSTR74CTION, MAINTENANCE. EXISTENCE AND USE OF THE SAID STREET ' PROJECT: FOR THE INDERNIFICATION 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 M AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the city, and the people of the city require that the: portion of uS... Iiighsea...:..No.*9901n... tho... Gity••° • •-••-••I.•••--. .8;%? 3.oFt...XrpX}..AQst...ena...og...rav{ Maches..River ..Bridge...to... Pine...Street............ ..............................._...... be.---....---- constructed. Since the existing street constitutes a danger and serious in- convenience to the public, it is urgently required to be remedied; and WHEREAS, the city has requested the State of Texas to contribute financial- ly 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 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 JT ORDAINED BY TEE CITY COUNCIL: SECTION 1. That since the public convenience, safety and necessity of the city and the peopl& 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 A" and made a part hereof in all respects. SECTION 3. That nothing in this ordinarice shall:: be construed to obligate the State .of Texas to pay any direct, incidental, or consequental damages -to adjoining, abutting or other property in &nforcement of this ordinance or by reason of the installation, ........... construction, existence, use and maintenance of the street project authorized herein. 1 10-43-1083 i SECTION 4. For and in consideration of --the mutual corenantghsrein -tori- tained, 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. Nothirk; 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 Texan harmless from any damages arising out of said -maintenance and/or use -of said street pr4ect . SECTION 6. The Mayor of the city be and is hereby authorized to execute for and on behalf of the city an agreement and contrant with the State of Texas in accordance----rith 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 Clerk kmmatx= is hereby directed to attest the agreement and contract and to affix the proper seal of the city hereto. necessity t a herein provided for be begun and carried out promptly and with expendition and that aforesaid shall be immediately made, executed and delivered to the end that such work herei for may be begun and carried out promptly and with expedition. The reading o ance on three PASSED by the City Council this 12th day of July, A.D. 1949. - Mayor - 2 10-43-1083 STATE OF TEXAS C<)UIT,Ty OF JEFFERSON ...................................... I. ........................ ....... ............................ ............ . the duly appointed, q)ialifiea and acting city 15eezeba=-7- of the City of Beaumont ............................................. ....... .............. :J Texas, hereby certify that the foregoing pages constitute -a -true and correct copy of an ordinance duly pa -sued by the City Council at a meeting held on A -D -, 19 K..7--........., at .... /..tz ........... o'clock .... qI.M. ............. . .... . .................................. .To oQrtify which, witness my hand And seal of the City of.Pqp!umPAt. .................. TEXAS, this. due. -.rl C' b4 ............. .... ... ............. . . ......... day of ..... ...... at B.....eumontTexas . .....................a.............................................................. . . ..... .... City Slff!�M o'fE�i'e6`i`ty--of Beatuno.............................. Texas Ordinance (Highway. Projects). 10-43-1083 E F m D 41 COMMISSION STATE HIGHWAY ENGINEER -�- D. C. GREER FRED A. WEMLE, CHAIRMAN A. F. MITCHELL TEXAS HIGHWAY DEPARTMENT -• R. J. POTTS p. 0. Box 3190 Beaumont, Texas July 6, 1949 FILE NO. Control 28-13 U. S. Highway 90 Jefferson County Limits: West approadh to Neches River Bridge Subject: Runicipal Ordance and Construction Agreement Mrs. Willie J. Bockman City rimer Beaumont, Texas Dear Mrs. Boclumn: i I hand you herewith four W copies each of Municipal Ordance and Municipal Construction Agreement, covering the west a7pproach to the Neches River Bridge in the city of Beaumont, Please have the proper authorities execute these agreements at their earliest convenience aid return three copies to this office retaining the fourth copy for your file. I understand the city is familiar with the execution of these papers. Yours very truly, R. E. gillmer District Engin er r1 By: E. L. Pearce Senior Resident Engineer ls/ Encl. 4 copies cc: District Office No Text C IT --y- OF B E m. -um o iq rr M -W--E-T M"x = zz -V TEXAS t j June -# 1049 myor and City Councl 1 City O�c Tors Gentlemen : in acro.-dwico vitL ti�e had by your hanorable bodZ, pertaUlfUk:, to the ol" Karrlaon trE�et., from tho. 4'i-o6t of --'L-10 Strcoot -pop ail o IiLast prol';"arl"y lirm of Oran. Avenue, I w12"11 to imfom' �a thal� U10 Ca'-'!;r2.Ot"'rj' L'; 121,acmaono Ino. j perf oxnvQd ", U. "I I cX "'Ahe work 11i Lm'j.'wov- inL; BdQ- tionc und -,41 +;caatvap,�' said work Uelvl� ::10ro thsroupoa o1L' a Cel--Ie"t 0 'Onora-',e 1-1,fto Wit'l 11�4 ,;Oj�rLa OLa�'Lp# d"'rj 0 1jr &A .11 1 1 and and otter tk',L3partoaancorj to suoin v--+Oz:qz, 31"We wor]; ilone as rpar that earw twin Contract of i)et-6box, IKI,, 194i�x and 1-1'ind that tho cono- ha;azwievp 11,�4s owploto tho x* in .. In d - rk a prorj*r and highly ar%�! In full accord- anee with the Plano, Spc�clfjl cations aiad t1m, Contruot ref err- ed to here" I rocomaw'I'lU UUR't Who 01-Ity council aco&pt and recelvo til-tia work*. n0apectfullyt . ;the ick 'stier City B3em mon't * C ITY Oir BE:.ZLUMO,M,rr B EAUMco zz .TE xAEs r _ . �r �o..•.,ti '._ ii y,� '! 111 ! t t t �'tu � , � �, f ! { it 't�11' �t; �,-;r�<." ' 't°fist. � � .._ a.:■m �rsirdd}�'i1 June 12 r7, 1949 lAayor and City Council City of Beaumont, Texas Gentlemen CSS�A , 3 e u In accordance with the proceedings heretofore had by your honorable body pertaining to the improvement of Harrison Street, from the V'7est property line of Pine St_. et VVestward to the East property line of Grand Avenue, I wish to inform you that the contractor, Trotti & Thomson, Inc., has performed and completed all of the work in improv® ing said street in full accordance with the Plans, Specifica- tions and the Contract therefor dated October 28, 1948, said work being more particularly described as the construction thereupon of a six-inch (G!!) reinforced Portland Cement . Concrete 81ab together with integral curb, drainage lines and facilities and other appurtenances to such work. I have examined `the work done as per that cer- tain Contract of October 28, 1948, and find that the con- tractor, Trotti & Thomson, Inc., has completed the work in a proper and highly satisfactory manner, and in full accord- ance with the Plans, Specifications and the Contract referr- ed to herein. Therefore, I recommend that the City Council accept and receive this work. Respectfully, R. Clyde *ack, City Engineer City 0 Beaumont, Texas -