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Home My WebLink AboutO-1941-288 'e e- -- - e e ORDINANCE NO. 288 ... AN ORI:IliJAlifCE TRANSFERRING THE MONEY IN THE INTEREST AND SINKIJI~G FUND FOR THE REFlTNDn:G 'WARRAIIJTS, SERIES 1935, PROVIDING FOR THE LEVIES FOR SUCH WAR- RANTS TO BE HEREAFTER DEPOSITED IJIY THE CITY GENERAL FUND AND DECLARI1m .aN ,ELlER- GENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. There being nc further necessity to provide and. maintain II an Interest and Sinking Fund for the ~13,887 .91 City of La. Porte Refunding War- I : rants, Series 1935, since such Warrants have been discharged, part by payment I :a.nd part by those certain City of La. Porte Sewer Funding Bonds, Series 1938, fo ,1l'1hioh a suf'f'icient interest and Sinking Fund is being maintained, tho City ji Secretary, Tax Assessor and Colloc.1:;or , of the City of La. Porte, is hereby in- I i I structed to transfer, by Warrant. into the General Fund, the money now on de- li posit in the Interest and Sinking Fund tor such Refunding Narrants. I: Section 2. The levies heretofore made for the years 1935, 1936, 1937 I I II and 1938, for the purpose of maintaining the necessary Sinking Fund for the sai ! City of La Porte Re:f\mding vrarrants, Series 1935, shall hereafter. when collect d, ! I be deposited in the General Fund of the City, for the purpose of paying the various current expenses of said City. Section 3. The fact that there is no necessity for maintaining the Interest and SirJld.ng Fund for said Re:f'unding narrants.. Series 1935. and the money in said Sinking Fund and the levies to be oolleoted for said Fund are I needed in the City General Fund for defraying the City's current general ex- I I penses, creates an emergency and an urgent public necessity requiring that the , rules providing for ordinances to be read at three (3) several meetings be sus- pended and that this ordinance be passed as and take effect' as an emergency II measure ami such rules and provisions are aooording1y suspended and this ordi- 'I :~ nance is passed and shall take effect as an emergency measure and shall be in , " full force and effect ,\ Ii dained. ~ 1mmediate1y fran and after its passage and it is so or- ;, I Passed and approved this D. 194 . Ii II AT~ST: f "--- 'D'~ I' -f .?~, v ,t ~" "..., J, " _ (!'.' ~ I/. ,Co",? I,.,,' -,-t...-~ '~'_";:"~ 'r ecre ar1r~~e--~ of La Pdrte, , .. Mayor Texas .('~. " l.' '... e . STATE OF TEXAS COUNTY OF~' THIS AGREJiMENT. made t.h is...... ..?, 5t.h...,.,.. day of ..... ......... ,....June...., ..................,..'... ,............:. '..................... ..,..,....,.., . 19.........,41.......... by and between the State of Texas. hereinafter referred to as the "State." Party of the First Part; and ,the City of ,..,....,....,....,.......,..,~,....;P.9..d.e.,..............,_............,..,................................,........,.................,.............,....... ..............................,..,......,..JJ.o.r.r..i,s,.....,............. ,.... ........... County. Texas. acting by and through its duly authorized officers under an ordinlUlce passed t~e ...,....,..,?,9.t.b.,...... day of ......, ..,........,..,..,.....,.......J.une,...,............ .19......41... hereinafter called the "City." Party of the Second Part: WITNESSETH:, ---------- WHEREAS. the City has authorized the construction of a street project by ord inanc e . passed on the ,...J~..5t.h.. ..,..'. day of ......" ....,.........................J,une"....,..,........... ..,........,.......,..........,....,.... 19.. ......4];,..,....,.. ... on ............................'..' tliEL..rQtlte, or .State, Highv/8,y"'N6; 146 ,................, in' the City; and WHEREAS. ~he 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 dmnages to adjoining. abutting and other property occasioned by or resulting from the installation. construction. existence. use and Inaintenance of said street project and the passage and enforcement of the ordinance hereinabove referred to. AG.REEM~N!: NOW. TH1JREFORE. 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 A" 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) IE X H , BIT B .J 6-40-2674 e e 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 reauested in writing by the state of Texas so to do, wholly relieve the State of Texas from defending the same, and her,eby 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- tio:n of the apove 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 e e IN TESTIMONY VffiEREOF, the parties hereto have caused these presents to be e:x:ecuted in duplicate on the day above stated. A'l'TEST: J.~-t:~~~hy:L~4,{~'~~1. . ' ").- , ~ (/0 ~ \ ./' 'J ~~ ?(..-t.,/;', / By ..~..,~5::::....".,L...,..............,....,......... ,:.....",."..".....,......, .............../..,..,..........,.............. Mayor ' APPROVED: STATE OF TEXAS Chairman, State Highway Commission By ,....,..,...,..............,............,....,.........,......'.......,...,...............................,..,.,....,.......,...........,..,."..., State Highway Engineer Member, State Highway Commission APPROVED AS TO FORM: RECOMMENDED E'OR APPROVAL '''''/' a:..,..~.. ::,~~............,........., /At~~ the City (~ ........................................................................................................... ............................................... Chief Engineer, Construction and, Designs Assistant Attorney General Agreement (Highway Projects) 6-40-2674 3