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Home My WebLink About1939-05-06 Ordinance For Hwy 281 MaintAN ORDINANCE PROVIDING FOR THE RECONSTRUCTION AND MAINTENANCE OF THE PORTION OF_ .......U..S................. HIGHWAY NO....281_........ IN THE CITY OF_..._......._BTEPHENVILI E..._...._........_.......... .... .......... .._......... .._._....................................... ...._............ ._........ HEREINAF'1'EE.t._....... ........ ........ ........ .........................................._................ REFERE....TO ... AS THE "STREET PROJECT". . AND AUTHORIZ- ING 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 THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAIN- TENANCE OF SAID STREET PROJECT; FOR 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 AM 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 CR- DINANCE SHALL BE EFPECTIVE 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....Highxay... No, 281............ .-• _..._...................._......................._.........................._.h. e*........ .....__............................._.........._.........._........_._....__.........._.........................._............................._. be reconstructed. Since the existing street constitutes a danger and serious ia- convenience 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 plans, grades and alignment for said project, and after com- pletion of the street project, maintains said street project at its sole coat 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 Page 1 ordinance (City Street) F •:f i r .I T ..t ,r ij i J •'� � r ; _ r - aril t ff"! I i 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, attached hereto and marked "Exhibit A" and made a part hereof in all respects. Section 3. That nothing in thi4,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,pr 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 installation, 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, in- cluding 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 harmless the State of Texas against W and all claims, demands and causes of action for recovery of any and all such,damages arising out of the installation, the construction, 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 re- quested 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 harmless as to court costa, attorneys fees and all expenses in connection with such suits and here- by assumes and agrees to pay all judgments recovered against said State of Texas by reason of the construction, the installation, the use, the existence, and/or the maintenance of said street project. Section S. 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 liabiiity 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 out of said maintenance and/or use of said street project. Section 6. That the Mayor .pf .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.carryiTAg out the terms and provisions of this ordinance, in the form attached hereto and marked "Exhibit B." The City Secre- tary 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 Page 2 Ordinance (City Street) .. Y,.Via r - l f v Y �'�.P iY ra L IJ `'11' 1.. i... r 3-j •� J � ' � - I�. �.. _. I IA^=yf�iih M I I 17 4'N '1 I r,f �. •(."r J f 4�k ':. .. .. o -.r.,. ,S„F�.f:' ,. ,fn+ {�; �� ,. 1. '�t :•+II r'Y W.1 . ... A.A fr 9i "J�: ,_., 4'j' f •. Pl ... ... I it :'.> ,.[ 20 1 ar•i% ) 7'. r 4 F . 4'1�.., 1 ri. • ..�.': �tC: .4: if r ".f( 5 I J _ Mason r+:a,'- Is 17 _ L, r , , ...r . W Ado Ef . , r, . Section 8. That the Mayor of the City, having requested in writing thgt i this ordinance take effect forthwith and there being in fact an emergency and imy ✓ �. 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 immed- 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 ordinance 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 DUNN OF ERATH I 1, _.. ........ ...... .... . the duly appointed, qualified and acting City Secretary........of the City "of ._S'g/f,eil.Yj.1/�s................. , Texas, hereby certify that the foregoing pages constitute a true and correct copy of p ordinance duly passed by the City Coin cil at a meeting held on _ ._ �%1......._........... ..........4...?? ......_...................._ , A.D., 193..,�..... at ............... ..... ....... ..f`1—..... .. ._._..............o'clock. ........ __..ft....... . To certify wh ch, witness Mv hand and seal of the City r..._........a........... day of_....��`%o� Texas. ................................................. , 193� at ........._......... _....................._: C°.!'/IGILLI/.....__._............., CSty Secretary .o .. 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