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HomeMy WebLinkAboutOrdinance 1910 110 IPGI( 9 42-A AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF AN OVERPASS PROJECT AT THE INTERSECTION OF SOUTH MAIN STREET WITH THE PROPERTIES AND TRACKS OF THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY IN THI CITY Or'. AND AUTHORIZING fiEM MLYOR OF THE CITY OF ybii- TO EXECUTE AND THE CITY SECRETARY OF SAID CITY TO AFFIX THE CORPORATE SEAL AND ATTEST THE S M34 CERTAIN CONTRACT BET?PEEN SAID C I TY 02 FdBT 'WC m, , STATE OF TEXAS, AND THE SAWTA FE BIILWAs 001FANY PROVIDING TOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF SAID OVERPASS PROJECT AS IN SAID CONTRACT SET FOPTH AND SAID CONTRACT PROVIDING FOR THE GRANTING Or A LICENSE��A�NNDPECOMPANY RMIISSION BY THE �` •r r ..i w CMANY M FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF THE AFORESAID OVERPASS PROJECT AND HIGHWAY ACROSS ITS PROPERTY AND OVER ITS TRACKS AT SAID INTERSECTION ON + SOUM NN"N to AND SAID CONTRACT PROVIDING FOR THE PAYMENT BY THE STATE OF''TEXAS OF THE COST OF CONSTRUCTING SAID OVERPASS PROJECT AND SAID CONTRACT PROVIDING FOR 'THE ASSUMPTIOP OF ALL DAMAGES TO ADJOINING, ABUTTAL, AND OTHER PROPERTY AND BUSINESS AND TO TENANT OR OCCUPANT THEREOF AND FOR THE PROTECTION OF THE STATE OF TEXAS AND THE 0=6 COS AND WTA PE AULW MUM .�....� BY THE CITY OF.. T R H. ,�;,.... . �. A"TNST ALIP St1CIi DAW3s AND tma IN CONNECTIO TH ANY CLAIM OR SUIT THEREFOR. THIS ORDIN- ANCE FURTHER PROVIDING FOR THE ASSUMPTION OF SUCH DAMAGES AND EXPENSES BY THE CITY OF ,_.ii.1r i' ...I`,,P�, Ap THE PROTECTION OF TUE AND' THE STATE OF TEAS BY THE CITY OF ST SUCH DAMAGES AND SES AND MOLARING AN:' BUIRGENCY AND PROVIDING THAT THE SAME SHALL BE EFFECTIVE F -Alt -'APM ITS PASSAGE. 4-36-508 Sheet 1 [REECEIVEL) Ordinance (Overpaes) • WHEREAS, the public convenience, safety and necessity of the City of 2" war& and the people of said City require that an overpass project be constructed and provided at the intersection of lift Street with the properties and tracks of the af ++ - r in the City of AN" haft , since the existing grade crossing at such street over the tracks of said railroad company constitute a danger and serious invoncenience to the public which is urgently required to be remedied, and that the only practical remedy is that of constructing an overpass project, and WHEREAS, the City of Wfair� , has requested the State of Texas to contribute financial aid in the construction of the overpass project, and, WHEREAS, the City -of laei has r. requested the JMit=fit s � r�W, , to grant a license and permission for the construction of said overpass across its property and over its tracks at such intersection on Street, and WHEREAS, the State of Texas has made it known to the City of that it will assist the City Of in the construction of said overpass project by furnishing the necessary funds for the actual construction of said overpass project, by preparing plans and specifications, awarding of construction contract and supervising construction providing the City -of approves the plans, specifications, grades and alignment for said project, and after completion of construction of said project, to maintain said overpass project at- its sole cost and expense providing further that the `" has made it known that it would grant a license and permission for said overpass project to be constructed across its property4 and over its tracks at said intersection providing the City agreed to pro)ect the State of Texas and the y F"* ayA oianta Te from any and all liability or any and all damages to adjoining, abutting property or other property or business or to any tenants occupying such property, caused by the installation, construction, existence,use and maintenance of said-overpass project orithe passage of this Ordinance. 4-36-BOB Sheet 2 Ordinance (Overpass) NOW, THEREFORE; BE IT ORDAIVIED BY THE CITY COUNCIL OF THE CITY OF I= 2D= Section 1. That since the public convenience, safety and necessity of the City of and of the people of said City require it, an overpass be constructed and provided at the intersection of Street with the properties and tracks of the in the City of ,,'�, INS Section 2. That said overpass project shall be constructed in accord with the plans and specifications and on the grades and alignment as shown therein, which plans and specifications bear the approval of the City of�,_,_� *Am and be attached to this Ordinance, and marked " OWimid. made_a part -of 'phis Ordinance in all respects. Section 3. That nothing in this Ordinance shall be construed as to require the said railroad company or 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 tenant occupying adjoining abutting or other property caused by, incidental to, or connected with the passage or enforcement of this Ordinance, and/or by the installation, construction, existence, use and main- tenance of the project authorized herein, or to defend any suit or suits wY}ich may be brought against said railroad company or State of Texas or any party or parties for the recovery of any such damages. BE IT UNDERSTOOD AND THE CITY OF M VON MMMM AGREES: That all damages and claims for damages, if any -there be, arising out of, incident to, or in any way connected with the installation, construction, existence, use and maintenance of said overpass project, shall be adjusted and paid solely by the City of _ and the City of shall and does hereby agree to hold harmless said railroad company and the State of Takao against any and all claims, demands and causes of action for recovery of any and all such damages, and agrees to assume the defense of any and all suits brought for the recovery of 611 such alleged damages, and shall intervene or 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 Railroad Company or the State of Texas so to do, wholly relieve said railroad company and the State of Texas from defending the same, and hereby agrees to hold said railroad company and State of Texas, and each of them, harmless as to court costs, attorneys fees and all expenses in connection with any such suits, and hereby assumes and agrees to pay all judgments recovered against said Railroad Company and/or the State of Texas. Section 4. That the Mayor of the City of " be and is hereby authorized to execute for and on behalf of thely o; . ..�,.� ... ,.� an agreemout d contract with the Stat of axes and tore � 4-36-508 Sheet 3 Ordinance (Overpass) in accordance with and for the purpose of carrying out the terms and provisions of this Ordinance, in the form attached hereto and narked "Exhibit B". The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City of * ^ ,3*0�Sop* thereto. Section 5. The Mayor of the City, having requested in writing that this Ordinance take effect forthwith and there being in fact an emergency and imperative 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 and that such work therein provided .for may be begun and carried out promptly and with expidition, the reading of this Ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. 4-36--508 Sheet 4 Ordinance (Overpass) STATE OP TEXAS COUNTY OP TRAVIS This AGREEMENT, made this day of 1936, by and between the State of Texas, hereinafter called the "State", Party of the Pirst Part; and hereinafter, whether one or more, called the Railroad Company", Party of the Second Part; and the City of , County, Texas, acting by and through its duly authorized officers under an Ordinance passed the day of 1936, hereinafter called the "City", Party of the Third Part: 11TNES -4ETH . WHEREAS, the City of has authorized the construction of an overpass project by Ordinance passed on the day of 1936, on Street in the City of over, on, and across the rails and property of the Railroad Company; and WHEREAS, the United States Government has allotted money to the State so(that said State may use this money to aid in the construction of overpass and underpass projects within the corporate limits of municipali- ties, in order to eliminate railroad grade crossings and the hazards crea- ted by and incident to such railroad grade crossings; and SEAS, the City of has requested the State to contribute financial aid in the construction of said overpass project; and WHEREAS, The State has made it known to the City of that it will assist the City of in the construction of said overpass project by furnishing the necessary funds for the actual con- struction of said overpass project and by preparing plans, awarding of con- struction contract, and supervising construction, providing the City of approves the plans, specifications, grades and alignment of same, and after construction, maintain said overpass project at its sole cost and expense, and provided further that the City of assumes responsibility for all damages including damages to adjoining, abut- ting, and other property occasioned by or resulting from the installation, construction, existence, use and maintenance of said overpass project and the passage and enforcement of the Ordinance hereinabove referred to. 4-36-510 Sheet 1 Indemnification (Overpass) A G R E iM E I±i T . NOW, therefore, in consideration of the premises and of the mutual covenants anct agreements of the parties hereto to be by thew respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. For and in consideration of the mutual covenants herein con- tained, the City does hereby agree thaf all damages and claims for damages, if arr there be, arising out of, incidgnt to, or in ary way connected with the installation, construction, existence, use and maintenance of said prof- act, #hall be adjusted and paid solely by the City and said City'shall and does hereby agree to hold harmless said Railroad CompW, and the State against any and all claims, demands aad causes of action for recovery of ww and all such damages, and agrees to assume the defense of any and all suits brought for the recovery of all sAeh, alleged damages, and shall intervene or make itself a party therein in its own name, if it is not already made a party thereto, for the prose,, and shallt if requested in writing by the Railroad Company or the State so to do, wholly relieve said Railroad Comparq and the State from defending the same, and hereby agrees to hold said Rail— road Company, the State, and each of them, harmless as to court costs, attorneys fees and all expenses in connection with any such suits, and here— by aermes and agrees tQ pay all judgments recovered against-said Railroad Compw and the State, 2i As its contribution to the building bf the above mentioned overpass project on Street in the City of , the State agrees to prepare or provide plans and specifications, and super vise construction thereof and to pay all of the Cost of the actual construc— tion of said above mentioned overpass project. 3. The City will maintain or cause to be maintained, the street, sidewalk, light iWetem and drainage under the street, upon and across the railroad property. The will maintain or cause to be maintained the grade separation' s superstructure and its substructure, 4. It is understood and agreed by and between the parties hereto that the City of , by virtue of the provisions of (its charter and) the laws of the State of Texas, has exclusive control and juris— diction of all streets and public ways within the incorporated limits of said city, az4 *hat the City has requested and has consented to the construction of the overpass project hereinsbove named, and the State in the construction of the above named overpass project does so at ,the special instance and re- quest of the City and that the plans and specifications showing and describ- ing among other things the grades and alignment for said project, copies of which are attached hereto and made a part hereof, are hereby expressly approved by the City and in so constructing said overpass project, the State Highway Department of the State of Texas acts as the agent of the City in the construc— tion thereof, 5. The Railroad Company hereby grants to the City, license and per- mission for the installation, construction, existence, use and maintenance of the aforesaid overpass project across its property and over its tracks. 4w36r510 Sheet 2 Indemnification (Dver-plsrs) IN TESTIMONY PAREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. ATTEST: By Secretary for Railroad Company By Secretary for City Mayor APPROVED: THE STATE OF TEXAS Chairman, State Highway Commission By State Highway Engineer a Member, State Highway Commission RECOMMENDED FOR APPROVAL: APPROVED: General Resident Zngineer Chief Engineer for Railroad Company Chief Engineer, Construction and Designs APPROVED AS TO FORM; General Attorneys for the City General Attorneys for the Railroad Company �.d11M M.l�.i4 AMstant Attorney General 4-+36-510 Sheet 3 ZUdennification (Overpass)