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HomeMy WebLinkAbout1940-03-18 Hwy 68 Reconstruction OrdinanceJ 7 b ev AN ORDINANCE PROVIDING FOR THE HECONSTRUCTION AND MAINTENANCE OF THE PORTION OF- ...... .stL2& .................HIGHWAY NO.. So. .............. IN THE CITY OF..........aspowim........................................ .... _................ .__... _,....... .......... .... .... ........ ........ ..... ... ..__. n HEREINAFTER REFERRED TO AS 'fVSTEtEET PfiOJECT"..AND AU'THO IZ- ING THE MAYOR OF TEE 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 AND BUSINESS AND TO TENANT OR OCCUPANT THEREOF; FOR THE PROTECTION OF THE STATE OF TEXAS AGAINST AIL 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 of....... auto ..gi*WJW... 69.............. ............._..... be .....rec__.._..o_.ns_...................e..d.............i S.... tru_ct, Since the existing street conattutee-a Sanger and .... aer oue n- cosn*enience 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 ]mown to the City that it will eesist 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 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 1 Ordinance (City Street) .d 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: t 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 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 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 tho 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) J Section 8. That the Mayor of the City, having requested in wtiting 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 immed- �— lately 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 Q COUNTY OF 4 I, _.._` C/_L11. f/f/tl....................... _...._.........._..........._._._......._./I e my ap o nted, qualified and acting City Secretary of the City of.. _., Texas, he:^eby certify that the foregoing pages constitute a t us and correct c py of pp ordinance duly passed by the City Council at a meeting held on f...._......., A.D., 19_. .�7...... at ...... _...... ....R-1--..... ._—..... I ......... .-o'clock..._...._..........�P..M. To certify whit witness my hand and seal of the City of ..... .......... ._._.... T ie due' _..�._�... day of.... ...... .dil�Gflam_............ , 19.9 at - --- - -!/1.....................,Texas . 12-38-3286 3 R Ordinance (City Street) City Secretary of the City of Texas ;A STATE OF TEXAS 1 COUNTY OF TRAVIS Q Q y� 1 THIS AGREE14M, made this.../p,.�_l�day of......lLl.......... ......... ._....._........... _.......... ., by and between the State of Texas, hereinaft d to a the "St ts," Part of the First Part; and the City of ...... .._....... ...., S,,..„.,_.County, Texas, acting b _$nd throu its duly thorized _.......... n! officers under an ordinance passed the....... .. .._,.,..,_day of._..,.%}f .... ........ ' 19.4-V�, 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,pa sed on th (..g.......,..... day of._. 1�!/ ,....,....., 19Lm,,,, on Sf.o�.f ....1Th LGtfLLL_....or .....................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 plans, awarding construction contract, and supervising construction, providing the City approves the plans, 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. A,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 respectep 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 Nay 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, j r y 12-38-3285 Rt Indemnification (City Street) by agree to hold harmless the State of Texas against any and all claims, demands and causes of axtlon for recovery of any and all such damages arising out of the installation, the construction, the use and the existence andtor 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 costs, attorneys fees and all expenses in connection with such suits. 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 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 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. 12-38-3285 2 R Indemnification (City Sweet) IN TESTIMONY WHMMOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. FYWV Chairman, State--- HigWa'y Commies oii M666'r",- 'St'a-t-e-H-i-ghia ... y C- ... Commission ........ , APPROVED AS TO FORM: / ) � WR '"WWWRO a 'CT Wort Assista-nt''"Atior-n-e ... y**-,G*e'n'*"e-,r, General ........ * . . .... ... ... . . 12-38-3285 3 R BY or .......... .... STATE I ...... ....................... OF BY; _ ......... .. ... __ ____ ............... .. . .................. .............. State Highway Engineer RECOMMENDED FOR APPROVAL . .. .. .. ... . ... .. ... .. .. ... Chief Engineer, C o n a t r u c ion Designs Indemnification (0ity Street)