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HomeMy WebLinkAbout1940-03-18 281 Agreement,'_ AN ORDINANCE PROVIDING FOR THE RECONSTRUCTION AND MAINTENANCE OOF F THE PORTION OIP�M.._.II3..lzsA..��._.ii...$IGHWAY NO.. �.............IN THE CITY ..........................................._.............._._.............._............................._....... _...__.........__............................. HEREINAFTER REFERRED TO AS T 11 .."MiMT11, AND HO I ING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AMID ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAIN- TENANCE OF SAID STREET PROJECT; F3R THE PAYMENT, BY THE STATE OF TEXAS, OF THE CONSTRUCTION COSTS OF SAID STREET PROJECT; FOR THE ASSUMPTION, BY THE CITY, OF ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY AND BUSINESS AND TO TENANT OR OCCUPANT THEREOF; FOR THE PROTECTION OF THE STATE OF TEXAS AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF; FOR THE MAINTENANCE OF THE STREET PRO- JECT: AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS OR- DINANCE 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 ...... -.... .. -- ....................... be roaonetructed, Since the egetng street constitutes- a danger ser oua n- conronience to the public which is urgently required to be remedied; and WHEREAS, the City has requested the State of Texas to contribute finan- cial aid 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 the actual construction or reconstruction; and by supervising construction, providing the City approves the plane, grades and alignment for said project, and after com- pletion of the street project, maintains said street project at its sole cost and expense; and WHEREAS, the City, in consideration of the providing of said project, agrees to protect the State of Texas from any and all liability and all damages to adjoining and abutting property or other property or business or to any ten- ants occupying such property, caused by the installation, the construction, the existence, the use and the maintenance of the street project or the passage and enforcement of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: 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 recon- structed. 12-38-3286 l Ordinance (City Street) Section 2. That the State of Texas be and is hereby authorized to con- struct the street project at the location and in the manner shown on the plans, j attached hereto and marked 'exhibit A" and made a part hereof in all respects. i Section 3. That nothing in this ordinance shall be construed to require the State of Texas to assume or pay any direct, incidental or consequential damages to adjoining, abutting or other property or business or to any tenants occupying adjoining, abutting or other property caused by, incidental to, or in any way con- nected with the passage and enforcement of this ordinance and/or by the installa- tion, the construction, the use and/or the maintenance of the street project authorized herein, or to defend any suit or suits which may be brought against the State of Texas by any party or parties for the recovery of any such damages. Section 4. For and in consideration of the mutual covenants herein con- tained, the City does hereby agree that all damages and claims for damages to adjoining, abutting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction, the use, the existence, and/or the maintenance of said street project, shall be adjusted and paid solely by the City and the City shall and does hereby agree to hold harm- less the State of Texas against any and all claims, demands and causes of action for recovery of any and all such damages arising out of the installation, the con- struction, the use, the existence, and/or the maintenance of said street project, and agrees to assume the defense of any and all suits brought for the recovery of all alleged damages, and shall intervene and make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writing by the State of Texas so to do, wholly relieve the State of Texas from defending the same, and hereby agrees to hold the State of Texas harm- less as to all judgements, court costs, attorneys fees and all expenses in con- nection with such suits. Section 5. That the City will maintain or cause to be maintained the street project. The City assumes the entire responsibility of such maintenance as above described, and 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 damage 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. That the Mayor of the City be and is hereby authorized to exe- cute 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 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 to affix the proper seal of the City hereto. Section 7. That the State be and is hereby authorized, as agent of the City, to construct said project at the location, to the grade and in the manner as shown on Exhibit "A." 12-38-3286 2 R Ordinance (City Street) STATE OF TEXAS FT_ THIS AGREEMENT, made this ... t day of......✓.11....._...._.....................__........._......, 19_._.... by and between the State of Texas, hereinafter referred to as the "State," Party of the First Part; and the City of ........ t J=.... ............... ......... ...... ......... , WRATZ............ _....... ......................._County, Texas, acting b and through its�, duly, authorized officers under an ordinance passed the...._.. /.........__day of ,...G!/[.LlL..............., hereinafter called the "City," Party of the Second Part: W I T N E S S E T H: WHEREAS, the City has authorized the construction of a street project by ordinance passed on the...... 1.3_........_.day of........ ......... 19_ v..... on........_itaiA...H#........... _............... ......... ............... ............ -............... _.__........... ....... ....... ................... -....................._........._......................._........................_...................in the City; and WHEREAS, the City has requested the State to contribute financial aid in the construction of said street projects; and WHEREAS, the State has made it known to the City that it will assist the City in the construction of said street project by furnishing the neces- sary funds for the actual construction of said street project and by preparing plans, awarding construction contract, and supervising construction, providing the City approves the plane, specifications, grades and alignment of same, and after construction, maintain said street project at its sole cost and expense and provide further that the City assumes responsibility for all damages to adjoining, abutting and other property occasioned by or resulting from the in- stallation, construction, existence, use and maintenance of said street project and the passage and enforcement of the ordinance hereinabove referred to. k,GREEME NT : NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The State of Texas be and is hereby authorized to construct 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. 2. For and in consideration of the mutual covenants and agreements herein contained, the City does hereby agree that all damages and claims for damages to adjoining, abutting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construc- tion, the use, the existence and/or the maintenance of said street project shall be adjusted and paid solely by the City and the City shall and does here- 12-38-3285 RL Indemnification (City Street) ',,,by agree to hold harmless the'State of Texas against any end all claims) ' demands and causes of action for recovery of any and all such damages arising out of the installation, the construotion,, the use and the existence and/or the maintenance of said street projecftrand agrees to assume the defense of any and all suite brought for the recovery of all ouch alledged damages, and �--! shall intervene and make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writ- _ ' ing by the State of Texas so to do, wholly relieve the State of Texas from defending the same, and hereby agrees to hold the State of Texas harmless from all judgements, court costs, attorneys fees and all expenses in connection with such suite. 3. As its contribution to the construction of the above mentioned street project, the State agrees to prepare or provide plane and specifica- tions, and supervise construction thereof and to pay all of the cost of the actual construction thereof. 4. The City will maintain or cause to be maintained the street project. The City assumes the entire responsibility of such maintenance as above described, and nothing contained herein shall ever be construed to place upon the State of Texas any mannor of liability for injury to, or death of persons, or for damage to, or lose 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 from said maintenance and/or use of said street project. 5. It is understood and agreed between the parties hereto that the City, by virtue of the provisions of its charter and the laws of the State of Texas, has exclusive control of and jurisdiction of all streets and public ways within the incorporated limits of said City, and that the City has re- quested and has consented to the construction of the street project herein - above named, and the State, in the construction of the above named street pro- ject, does so at the special instance and request of the City. The location, grades and manner of the construction being shown on plane attached hereto marked Exhibit "A" and made a part hereof. The State Highway Department of the State of Texas acts as the agent of the City in the construction of the street project thereof. 6. Nothing in the agreement shall be construed to place any liabili- ty on the City for personal injuries arising out of the construction of said street project. `� 12-38-3285 2 R Indemnification (City Street) IN TESTIMONY WHMWF) the parties hereto have caused these presents to be executed in duplicate on the day above stated. W-W-OK-W - .......... S aer ..... .... ... etp V f ecr6 ary ... for the 10 APPROVED AS TO FORM: .. . ..... ... .... ... ... ................................ ssia4tan�t ;�torney nera 12-36-3265 R CIT!r Cr SUPBUYILlz RECOMMENDED OR APPROVAL . . . . . . ...... ............. . .. . ...... .. . .. ................. n . .er, one De igne " y Indemnification (01ty Street) 0 h Section 8. That the Mayor of the City, having requested in waiting that this ordinance take effect forthwith and there being in fact an emergency and im- perative public necessity that the work herein provided for be begun and carried out promptly and with expedition, and that the contract aforesaid shall be imm d- iately 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 ordinaries on three several days is hereby dispensed with and the same shall be in full force and effect from and after Its passage. STATE OF TEXAS COUNTY OF 0 !eAuly ap o nted, . ... . . ... ... qualified and acting City Secretary of the City of Texas, hereby certify that the foregoing pages constitute a trIUe and corrqg.t copy of ordinance duly passed by the City Council at a meeting held on ..... 2,,1 .... . .. A.D., 19 at ..............1 _ ............... o I clock... ... M. To certify wh�'ch ., witness my hand andseal of the City of ... ..... TV .6� .. ..... day of.... at due _...JL - RE4�. ------- . . . ............. ...................,Texas.. 12-38-3286 3 R Ordinance (City Street) City le:6;e:tllt�r�yof the City of I Texas r'1 STATE OF TEXAS n COUNTY OF TRAVIS ION cc✓ THIS �, made this.._...k?_..day of...... , ... 19._....._0, by and between the State of Texas, hereinafter referred to as the "State," Party of the First Part; and the City of , �........................................ Texas, acting by and through its my authorized officers under an ordinance passed thq...... , ..�5...._,....,._day of ,�%jr�{ hereinafter called the "City," Party of the Second Part: W I T N E S S E T H: WHEREAS, the City has authorize4 the construction of pp street project by ordinance passed on the,_.2 _ ............ day oP ...... ;,W atze, ......, 19..`tL on... II.-d. g...�i............................ ................. ... ..._...... _............ ......... _............... in the City; and WHEREAS, the City has requested the State to contribute financial aid in the construction of said street projects; and WHEREAS, the State has made it known to the City that it will assist the City in the construction of said street project by furnishing the neces- sary funds for the actual construction of said street project and by preparing plane, awarding construction contract, and supervising construction, providing the City approves the plane, specifications, grades and alignment of same, and after construction, maintain said street project at its sale cost and expense and provide further that the City assume responsibility fR ,r all damages to adjoining, abutting and other property occasioned by or resulting from the in- stallation, construction, existence, use and maintenance of said street project and the passage and enforcement of the ordinance hereinabove referred to. ArGREEME NT : NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The State of Texas be and is hereby authorized to construct the street project at the location and in the manner shown on the plans, attache4 hereto and marked "Exhibit A" and made a part hereof in all respects. 2. For and in consideration of the mutual covenants and agreements herein contained, the City does hereby agree that all damages and claims for damages to adjoining, abutting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construc- tion, the use, the existence and/or the maintenance of said street project shall be adjusted and paid solely by the City and the City shall and does here. 12-38-3285 Rt Indemnification (City Street) by agree to hold harmless the State of Texas against W and all c}aims,, demands and causes of action for recovery of any and f ! such damages arising out of the installation, the construction, the use and the existence and/or the maintenance of said street project, and agrees to assume the defense of any and all suite brought for the recovery of all such alledged damages, and shall intervene and make itself a party therein in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writ- ing by the State of Texas so to do, wholly relieve the State of Texas from defending the same, and hereby agrees to hold the State of Texas harmless from all judgements, court coats, attorneys fees and all expenses in connection with such suite. 3. As its contribution to the construction of the above mentioned street project, the State agrees to prepare or provide plane and specifica- tions, and supervise construction thereof and to pay all of the coat of the actual construction thereof. 4. The City will maintain or cause to be maintained the street project. The City assumes the entire responsibility of such maintenance as above described, and 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 damage to, or lose 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 from said maintenance and/or use of said street project. 5. It is understood and agreed between the parties hereto that the City, by virtue of the provisions of its charter and the laws of the State of Texas, has exclusive control of and jurisdiction of all streets and public ways within the incorporated limits of said City, and that the City has re- quested and has consented to the construction of the street project herein - above named, and the State, in the construction of the above named street pro- ject, does so at the special instance and request of the City. The location, grades and manner of the construction being shown on plans attached hereto marked Exhibit "A" and made a part hereof. The State Highway Department of the State of Texas acts as the agent of the City in the construction of the street project thereof. 6. Nothing in the agreement shall be construed to place any liabili- ty on the City for personal injuries arising out of the construction of said street project. f 12-38-3285 2 R Indemnification (City Street) t1 a enN V IN TESTIMONY WR%=Fj the parties hereto have caused these presents to be executed in duplicate on the day above stated. ATTEST: 6rthe%i;�E� . . ..... . ..... .. . ................. . . 12-38-3285 R 3 Crff or STSPNINVI= BY btgg 6y"TE)CAff-, --, — .... * ..... * ..... . ....... State Hi way Endinesr - - y --.. Designs Indemnification (0ity Street) 87zzzz°% qa3: .wkc2! C- C . gE: