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HomeMy WebLinkAboutOrdinance 2114 AN ORDINANCE PROVIDING FOR THE RECONSTRUCTION OF THE PORTION OF THE ROUTE OF U-$. HIGHWAY NO. ._„E�1 IN THE CITY OF _... ... .._. ... _.._....... �..__._...FORT.TNt�RTH....,. .._. ..._..._...._................. ,._. HEREINAFTER REFERRED TO AS THE "STREET PROJECT" AND AUTHORIZING 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 FCR THE INSTALLATION, CONSTRUCTION, EXISTENCE AND USE 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 ALL SUCH DAMAGES AND EXPENSES IN CORRECTION WITH ANY CLAIM OR SUIT THEREOF: AND DECLARING AN EMERGENCY AND PRO- VIDING THAT THIS ORDINANCE 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 HEWHILL STREET, THE ROUTE qv U.S. HIGHffAYA0. 81 be reconstructed. Since the existing street constitutes a danger and serious in- 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 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 tenants 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 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 "Exhibit A" and made a part hereof in all respects. Ordinance (Highway Projects) 6-40-2673 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 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 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 a8ainst 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 allerd damages, and shall intervene and make itself a party therein in its own name, it 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' fees 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 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 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 sham 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. tr7"A_710 Ordinance (Highway Projects) a--� 6-40-2673 2 a..44 , STATE OF TEXAS COUNTY OF ? r 8•_BIRDSOl:( . _ .... _.� , the duly appointed, .....,..» ........ y.nw... qualified and acting city secretary of the City of.4 ...... ... ... Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance passed by the City Council at a meeting held on A.D., 19 , at...../,Qrc'ao......o'clock.,.J.- To certify which, witness my hand and seal of the City of �y TEXAS, this due ............. day of................... . , 19_ at ............................. � . Texas City Secretary of the City Q Texas Ordinance (Highway Projects) 6-40-2673 3 W STATE OF TEXAS O COUNTY' OF TRAVIS THIS AGREEMENT, made this._.1 day of ....... ... ... ... .. . ........... .. - __ ....�_.._.. 19 _ by and between the State of Texas, herei . for referred to as the "State," Party of the First Part; and the City of.... wr ......_.2�...... . ......4__........._......_._..._.....__._..._.................------- ._,—.-_.. County, __.._....,. _,—._.__..... County, Texas, acting by and through its duly authorized officers under an ordinance passed the ..._..-../...Q.....__ day of ._.._....... .. ... ........_..._........_.........................._., hereinafter called the "City," Party of the Second Part WITNESSETH : WHEREAS, the City had Authorized the construction of a street project by ordinance passed on the . �........ day of ... _.r.., 19on t .�. ,�.t �14jr 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. A G R E B 11 E N T 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 othe5r 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) EXHIBIT B 6-40-2674 1 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 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 heath 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 Dchibit "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 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. ATTEST: _....._ ....__... .. .._.._......�._._ _..._..._..__._.............................. ......................... ............................... ............................ ............ Secretary for the City Mayor ' APPROVED: STATE OF TEXAS Chairman, State Highway Commission By State Highway ineer Member, State Highway Commission APPROVED AS TO FORM: RECONIFENDED FOR APPROVAL _.._...................__......................... _.._................................................_..................._...... ...__......_..... ttorneys for the City Chief Engineer, Construction and Designs ..__........_.__..............__._..___ .... Assistant Attorney General Agreement (Highway Projects) 6-40-2674 3