HomeMy WebLinkAbout1941-11-21 Hwy 108 ProjectbA/
AN CpDIMNCE PROVIDING FOR TEE RECCNSTRUCTION OF THE PORTION OF
TE ... ROUTR_OF.STATE __.. HIGWAY NO. ... _.... .08-........... ._....IN THE CITY OF
:IYI' t Bi' ' 'JI �Y' 91• • :IL Y' Bi.. ' • 11 :;•;' V 1
WRAMN
WHEREAS, the Public convenience., safety and necessity of the City., and
the people of the City require that the portion of .... GRAHAM STREET,.__ THE..ROUTFE... .........
..._.... ..... ..._.... ....OF. STATE.. HIGHYPA7C_.N.O. 190.... __........ ............... ............................
be reconstructed. Since the existing street constitutes a danger and serious in-
convenience to the public which is urgently required to be remedied; and
WHERFILS., 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
WHEREAS, the City., in consideration of the providing of said projects
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 onto any
tenants occupying such property., caused by the installation., the constructions
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 reconstructed.
Section 2. That 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 'Ixhibit A" and made a part hereof in all respects.
Ordinance (Highway Projects)
640-2673 1
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
connected with the passage and enforcement of this ordinance and/or by the in-
stallation, the construction, the use and/or the maintenance of the street project
authorized herein, or to defend any suit or suite 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 contained, the
City does hereby agree that all damages and claims for damages to adjoining, abut-
ting 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 any 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 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 harmless as to
all judgments, court costs, attorneys$ foes and all expenses in connection with
such suits.
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 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 execute
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 provisions
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."
Section 8, That the Mayor of the City, having requested in writing that this
ordinance take effect forthwith and there being in fact an emergency and impera-
tive public 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 ordi-
nance on three several days is hereby dispensed with and the same shall be in
full force and effect from and after its passage.
Ordinance (Highway Projects)
6-40-2673 2
STATE OF TEXAS
COUNTY OF
....... ... the duly appointed]
qualified and acting city secretary of the City of
Texas, hereby certify that the foregoing pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meeting held on
A.D. y 195Z/ at 0. o I clock ,'49 M.
To certify which, witness my hand and seal of the City of 490 �-
TEXAS, this due, ...... . ...... .. .. .... .. ..... day of at
Texas.
Ordinance (Highway Projects)
6-40-2673 3
STATE OF TEXAS A
f
✓ COUNTY OF TRAVIS I
THIS AGREEMENT, made this...... 1 L...._.. day of .... .._......__.. .........
19_...L.............. by and between the State of Texas, hereinafter referred to as the "State,"
.411-167
Party of the First Part; and the City of ...... ........................... -....... ._......... _.........
.._,._,
County, Texas, acting by and through its duly authorized
officers under an ordinance passed the ......... . ..._...day of........ __%1"f
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 _.._......._.. day of __._..._... ,��..C`��-:........ ... ....._ ............., 19._T J._..__., on
_..._ ..__.... .... ......... 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 necessary funds for
the actual construction of said street project and by preparing plans, awarding con-
struction contract, and supervising construction, providing the City approves the
plans, specifications, grades and alignment of same, and providing further that the
City assumes responsibility for all damages to adjoining, abutting and other property
occasioned by or resulting from the installation, construction, existence, use and
maintenance of said street project and the passage and enforcement of the ordinance
hereinabove referred to.
AGREEMENT:
NOW, THEREFORE, in consideration of the premises and of the mutual cove-
nants and agreements of the parties hereto to be by them respectively kept and per-
formed, as hereinafter set forth, it is agreed as follows:
1. The State of Texas be and is hereby authorized to construct the street'proj-
ect at the location and in the manner shown on the plans, attached hereto and marked
"Exhibit All and made a part_ hereof in all respects.
2. For and in consideration of the mutual covenants and agreements herein con-
tained, the City does hereby agree that all damages and claims for damages to adjoin-
ing, 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
Agreement (Highway Projects)
6-40-2674
1 _.
and/or the maintenance of said street project shall be adjusted and paid solely by
-fi the City and the City shall and does hereby agree to hold harmless 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 construction, the use and the ex-
istence and/or the maintenance of said street project, and agrees to assume the de-
fense of any and all suits brought for the recovery of all such 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 harmless from all judgments, court costs,
attorneys fees and all expenses in connection with such suits.
3. As its contribution to the construction of the above mentioned street proj-
ect, the State agrees to prepare or provide plans and specifications, and supervise
construction thereof and to pay all of the cost of the actual construction thereof.
4. 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 ex-
clusive control of and jurisdiction of all streets and public ways within the incor-
porated limits of said City, and that the City has requested and has consented to the
construction of the street project hereinabove named, and the State, in the construc-
tion of the above named street project, 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 liability on the
City for personal injuries arising out of the construction of said street project.
Agreement (Highway Projects)
6-40-2674 2
. ..
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IN TESTIMONY *=OF, the parties hereto have caused these presents to be
executed in duplicate on the day above stated.
ATTEST:
e�on�retary for the City
Chairman, State Highway Commission
Member, State Highway Commission
APPROVED AS TO FORM:
t t 11- d, e4i�G. ...
oy "f or the City
Assistant Attorney General
Agreement (Highway Projects)
�AmKr ..- ....... ... . ........... .. .
yor
L-a
STATE OF TEXAS
State Highway Engineer
FOR APPROVAL
Chief Engineer, Construction and
Designs
6-40-2674 3