HomeMy WebLinkAboutOrdinance 2035 Vii Mnwur PROVIDING FOR TI' I S;ALIATTON, CMA,TIC ' AM MI=-
WC 'OF ,A PMAX AMCAII GROB CROSSING MW CTICR' DEVICE Cl
.......: ......
WHW a `MM GROSSES THE LIM C; TM � " �� ,.le
RAIIJKAT MP,
IN 'f 'CST' ,...T1 g,Alm Ab5t-
IZIING THK MAYOR",Or .M 0 '0=A=-1.TM CIS' SECIMM TO
AFFIX, TS CORPORATE SEAS, AND ATTEST TM SW, A CERTAIN CONTRACT
BY Cam, T STATE 14' TEXAS AND THS, RkTLROWCQ�WY Poll
TM AIZATION) CONSTRUCTION, EXISTENCE AND TZ USE OF S41D 190-
T' mC7 xoncz PDOJ CT, FOR TED Pm ml zy Tw STATE C , C
TIM CC N%=TICN COSTS OF SAID PROTECTION �" U I CJVT, l OM THE
AMURTION.. 1Y' THE CITY, OF ALL DAM&C S TO ADJOINING, ABUTTING AM
OTM PRO , Y AND BUSINESS AND TO TEXAN OR CCCUIPM?T TIMOF BY
"ASON ,OF THE 'I STALCATICN 0,14T SAID PROTECTION D'VICE PROJECT; FOR
TI PROTECTION Or THE STATE OF TEXAS AND THE . All OAD COMPANY
AGAINST ST aL SUCH DAMAGES AND EXPENSES IN CM=ftW WITH A C bAI i
OR SUIT THWOF, AND DECLARING AN EERG&XCY AND TOWIU NG THAT
THTa ORDINANCE 81kLL BE EFFECTIVE FROM AM AFTER ITS WOM..
l ,, the public convenience, safety and necessity of the City, and
the people of the City require that the protection device project be installed where
crosses the track of the ,. ," .. 4. � .,...
,, t"...
in the City ' ... ,,,, I .. Texas,............since the existing .,..,..,..
railroad grade crossing constitutes a. danger and serious inconvenience to the public
which is urgently required to be remedied and the only practical remedy is that of
Installing a highway-railroad grade crossiiig protection device;: and
WHETRAS, the City has requested the State of Texas to contribute finan-
cial, did in the Inat,
,411ation of the protection device project; and
V,W0 A:S, the State of Texas has made it known to tea Citl that it mil1.
assist the City in the installation of the protection device project by furnishing;
the necessary funds for the actual construction and by supervising construction,
providing the City approves the plans—for said protection device; and
" EERW, the City, in consideration of the providing, of said protection
device project, ages to ,protect the State of Texas and the Railroad Company from
any and all liability and any and all damages to 'adjoining and abutting property or
other ;property or business or to any tenants occupying, such property, caused by the-
installation, the construction, the existence and the use of the protection device
project or the passage and enforcement of this ordinance
Ordinance (Protection Device)
6-391-1,545
pa e 1 ,
NOW, TUREFORE, 13E IT ORDAINED BY THP, CITY COUNCIL:
Section 1. That since the public convenience, safety and necessity of
the City and the people of the City require it, a highway-railroad grade creasing
protection device project shall be installed where
...... .......
crosses the track of the ......
..........—........ ....... ........
in .... . .... .... .. .... , ..........* ...... .....................*............... .......*...............
Section 2. That the State of Texas be and is hereby authorized to con-
struct or to have constructed the protection device project at the location and in
the manner as shown on the plans attached hereto and marked "Exhibit A" and made a
part hereof in all respects and approved changes thereof.
Section 3. That nothing in this ordinance shall be construed to require
the State of Texas or said Railroad Company 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 installation, the construction, the use and/or the existence of the protection
device project authorized herein, or to defend any suit or suits brought against the
State of Texas and/or the Railroad Company by any party or pRrties for the recovery
of any such damages.
Section 4. That for and in consideration of the mutual covenants herein
contained, the City does hereby agree that all damegen and claims for damages, in-
eluding damages to adjoining, abutting, or other property, if any there b(,-,, arising
out of, incident to, or in any way connected with the installation, the construct-
ion, the use and/or the existence of said protection device project, shall, be ad-
justed and paid solely by the City and the City shall and does hereby agree to hold
harmless the State of Texas and said Railroad Company against any and all claims,
demands and causes of action for recovory of any and all such damages arising out of
the installation, the construction, the use and/or the existence of said protection
device project and agrees to assume the defense of any and all suits brought for the
recovery of all such alleged damages, and shall intervene and make itself a party
thereto in its own name, If it is not already made a party thereto, forthe purpose,
and shall if requested in writing; by the State of Texas or said Railroad Company so
to do, wholly relieve the State of Texas or said Railroad Company from defending the
same, and hereby agrees to hold the State of Texas and said Railroad Company and each
of the harmless as to court costs, attorneys fees, and all expenses in connection
with such suits and hereby assumes and agrees to pay all judgments recovered against
the State of Texas and said Railroad Company by reason of the construction, the in-
stallation, the use and/or the existence of said protection device project,
Section'$. 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 and said Railroad Company 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 thereto.
Ordinance (Protection Device)
6-39-1545
Wage
Section 6, That the State be and is hereby au oohed, as agent of the City,
to construct or have constructed said protection device project at the location and
in the maxmqr Exhibit' and approved changes the:r,qV,_�
as shown on Exhibi
Seo lon 7 . " That the 'Railroad Company shall maintain said protection device
project,
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 iiaperative
publilh nee I
,salty �bai the, work herein provided for be began and carried out promptly
and with ex-
_pedition, and that the contract aforesaid sball be Immediately maa,
executod an deli red to the end that such work herein provided for may be "begun and
carried out, promptlyand 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 0
COMM OF TAXAM11 0
O Ck-
1,11 it N the duly appointedo
.. -
....... ............ ..................................
4�
qualified and acting City Secretary of the City of ,, j*�_'42, 111. t a ,
Texas hereby certify that the foregoing pages constitute a true and orrcc copy of
ld onr
a� 4
rdinano s duly paused by the City Council at a meeting he
A.D., at
To certify which) witness my hand and seal of the City of C,0141
day of in the City of 41. 19.!1,
T cas this due
&xas.
V
City Secrtar of t Iti of
07
6-59-1545
. .............---,.......
i
s
;,
�:�
„ ,,
+w
I ....;p'
��!
g
�% � I
4
7
� N
ASNIM 14
� q.
.i.. .i � �
W
I$ �
�w
� � ��
w �
i,
�.or
w�� ���
r iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 711
"� r, 'w
P iiiiiiiiiii�0000000000il � ��'
�:
� `��
�.� k� 0 .1
� r 4
P� �+�1��'i�'�41���VIM��'ilil�ruu��itull���I��ip�' � a ��
,; tl ,
�� t:: ° ���� � °r{its � �y16 YipMtli� � �'� 7
��" P q11 � � il�- AI
.� is�
8
IIN � �
�a �
Aa
i
ii:4�r
a; �
w....
1; i
r� �
i
i
Her
f
{151����}� I Ili���!I� gill"
;' ,� I``IYIYI II
1111111
;�'� ;;:gym. rvm
""� I
��
a � U � `� I
�.. � �°�
R
9�. �`yk r - � ,w ; i
u., �,
�� J
rr�wv� �,:� r
'.
Y ,
�no�
G
< ,.
Ay i l
��
r,° I�
�, i
;° � I
1� i i'
pfd II
i i ',
II pl
,,� d
���
� ,
�!
�,
� �� � ,�
r
imp. � � i�
,.., i�"N� �, `.. r � is
.. ,. ,,. t
rw�(,s 1. , vo � sr
W� � oa g
�H ;� ; ..
I � `
�.��, I �
�,"" 1«I / / r µw
�'NNfifll I
V �
to � � a ��� ,(
F,
�, dro ��d i� ��� 1
�n. m�
p , � ��
�, ` �� �p���t� '��� �,�,� � - yen' � �
���ti � ���� �,� � �q `a� ��
�w r � �� � � � n,' nm�"°
`� ��f� � W� r f��� � � � �� �`
),�sn���l��ii�I����ry�p(VQf�ti���e,`��tii mr r � � I) �� �i���
�1'VP�I'�9y1'S,� r, (�r "�J� ,�VN lilu�ri�� ��/ �9��� r ,�� ,
�o �
i�oti imuuuuum I 1 rm� �1 ,
uuuupiu�IIII I I r
V
i r r '� ar� u ,� � i�
� " ,fir ,,� i.,`.
m ���� � „'
j,'' �� f, 4�� i
r
Jf � 6 �, b / � � m^�
I oUoo� a r
�°, � "-'�
'9
��1
��° °,
;�
��� �,
��
0
`I
� � �
�µ
a
,� � .
G „`
u�
� �^n � �
��
a � a
� �
��, ,. w'' rrr.
w;"
� aw w�,:.
�4 �i�
n� �
i "�"
��� �
w
Wig„ �
!g 6
�i
r�
-�Q
�%
w�
� � fin.' � yp�
I^ hl p. � �Q�' w�� �4
I � �° tiP'
� pn A .
w i
a
y
a
X� B9
&M1
Ntl nl'�i� i�,r'f"", �
III I� iu��i, ,��
rii ��uua w1
0 of �����
{.,;v�,..i,�
m
J
Alf.
4�1 r�%;k�� .� '" Err r - i a �riuifwl
uJil y rii " , ' ' of)
I 1, r,
1 f�yyrlllill�h�✓f r aV�✓ ��j„ � 'r l ."fit' J,�'l � ��,�far �� '�, f
fl0�
'F Eli
Uu r
r v � w�„✓'/�my ' jai r
gg
ru
>
1 r
rv /
r
r roi
r,� / ✓/r >l/����%%/% � r - ////% aiiiiiiiii/iii/ ,,, /�/
%;;,, � �r, /;�/��lr, r�///%- ,,,%// ���/,� ✓ri rrrrr;�,,,,,,,. ,,,,,,,, ,,,�,,, ,,;,,�� ,rife/� %�, -
;, ,,,rNO � '✓/ ar���///ir//r���l% ,,, , w %/
l/
r" !'�iii/////
viii�
I/
i
r/
iii
rrr ��%
1
i;:a
gam
,
✓ /i-
i
„
rrro
::✓ ,.:. ��j �/. /,,,,.,,�� ,, � .... / ../„ r.... rrr r-/ .r r / r�-
/
// J
rrrr,
r
r
11 0 r /
/
a r
i
J� r
r
/
„
ti
✓ s � � / ai ,, // � / rrr / /
/
r � ,
/
/ r ,rrrrrrrri
/ r
� r /
/ rrrrr r
iaaa, rrrrr,
r r /
/
i
i / r � a,rrrrrrrrrrrrrrrr � r,/ , r„� ,.
//////
°
I
0
I
1
1
{
STATE OF TUAS
COUNY OF TRAVIS
,THIS AGREMERT, made this.... .......... _day of ............... ......
by and between the State of Texas, hereinafter referred to as the "State, " Party
ofthe First Part; and the............ .. ._............. ...._...... ......_.._.......................... ............___ ............. ...........
............ ....... ........I............-......-......_.................................-......................
It- .... .... .....II...1..1...-
a hereinafter, whether one al ed 'tie Railroad Company,
Party of the Second Part, acting, by and through......_.... .....____.......... .... ............ ......... ......
its......... .......... under and by virture of authority shown
in Exhibit I'D", attached hereto and made a part hereof; and the City of ........................ ................
......,..... ......,_. .) _...........-..............- ....-County, Texas, acting by sand through
its duly authorized officers under an ordinance passed the.,.,,,,............ day of
Third Part:I .... . I ................J-19 hereinafter referred to as the "'City," Party of
the
W I T 11 E S S B T H :
W11REAS, the City has authorized the construction of a highway-railroad
grade crossing protection device project by ordinance passed on the............. day
of .- 1-11- I.... ............ .. I.-.. .. 1 19. -.............. on ...... ....................
in the City; and
WFM W1 , the City has requested the State to contribute financial aid
in the installation of said highway-railroad grade crossing protection device pro-
jeot; and
WHEM&S, the State has made it known to the City that it will assist
the City in the construction of the highway-railroad grade crossing protection
device 1project by preparing plans, awarding construction contract and supervising
construction, proTiding the City approves the plans and specifications of same,
and during and aftor construction by the State the City assumes resPonsibility•for
all damages including damages to adjoining, abutting and other proporty occasioned
by or resulting from the installation, construction, existence and use of said
signal protection device project and the passage and enforcement of the ordinance
hereinabove referred to.
AGREEMENT :
NOW, TEE REFORE, in consideration of the 13remises and of the mutual cov-
enants and agreements of the rarties hereto to be by them respectively kept and
performed, as hereinafter set forth, it is agreed as follows:
Indemnification (Protection Device)
1-111-1-_...........
j.:
.........
6-39-1544
01
k
Page
............. .......... ........... ................ .......... ......... .......... ................... .......... ...........
1- The State of Texas is hereby authorized to construct, or to ha'Ve
constructed, the highway-railroad grade crossing protection device project at the
location and in the manner as shown on the sketch attached hereto and 'uarked
"Exhibit A" and made a part hereof and approved changes thereof.
2• For and in consideration of the mutual covenants herein contained, the
City does hereby agree that all damages and claims for damages, including damages
to adjoining) abutting or other property, if any there be, arising omt of, incident
to, or in any way connected with the installation, the construction, the use and/or
the existence of said protection device 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 and said Railroad Company 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/or the existence of said protection device project and
agrees to assume the defence of any and all suits brought for the recovery of all
such alleged damages, and shall intervene and make itself a party thereto in its own
none, if it is not already made a party thereto, for the purpose, and shall if re-
quested in writing by the State of Texas or said Railroad Company so to do, wholly
relieve the State of Texas or said Railroad Company from defending the same, and
hereby agrees to hold the State of Texas and said Railroad Company and each of them
harmless as to court costs, attorneys fees, and all expenses in connection with such
suits and hereby assumes and agrees to pay all judgments recovered against the State
of Texas and said Railroad Company by reason of the construction, the installation,
the use and/or the existence of said protection device project.
3. As its contribution to the installation of the above mentioned
protection device project, the State agrees to prepare or provide plans and specifi-
cations and supervise construction thereof and to pay all of the cost Of the actual
construction thereof, in accordance with Exhibit "A" and approved changes thereof.
4. 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 requested and has consented
to the construction of the protection device project hereinabove named, and the
State, in the construction of the above named protection device project, does so at
the special instance and request of the City. The locations and manner of the in-
stallation being shown on the plans attached hereto marked Exhibit "All and made a
part hereof and approved changes thereof. The State Highway Department of the State
of Texas acts as the agent of the City in the construction of the protection device
project thereof.
5. Nothing in the agreement shall be construed to place any liability
on the City for personal injuries arising out of the construction of said protection
device project.
6. The Railroad Company shall maintain said protection device project.
Indemnification '(Protectionr evice)
6-39-15,44
Page 2
................
JAW,
IN TDISTD40NY WEEPSOF, the parties beret` ave caused thgo
' 'o, presents
to be executed in triplicate on the day above
ATTEST":
Bir, . ........
Secretary fog ai roa Company
'6cretal-y- for" Mayor
APPROM:
TIM STATE OF TEXAS
.........................
Chairman, State HiGhway Commission
BY. ......
State Highway Encsincer
Member, Stato Highway Commission
RECD MENDED FOR APPROVAL
APPROVED: Gen rsl itca dent EnCincer
Chief'..Rniin o or for Railroad Company
.......... ...........
APPROVED AS TO FORM: Chief Engineer, Construction and
De,s,J gns,
0!
71
�zz'
IX,
General kiiorneys 'Tor the City
General Attorneys for the Rallro.ad
Company
Assistant Attorney General
Indemnification (Protection Device)
6-39-1544
Page 3