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HomeMy WebLinkAboutO-1955-487 - " . .,"\ _I ' .....-. ;' ..~/". ,. :. " .~- ,,-----, / -, e , .'- \ 'e-\' -.~-_.-- ~ . . ORDINANCE NO. 487 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF STATE HIGHWAY NO. 146 IN THE CITY OF LA PORTE TEXAS FROM STATION 847,449.2 TO STATION 654}.04.2. HEREINAFTER REFERRED TO AS 'ITHE STREET PROJECT" AND AUTHORIZ- ING THE MAyOR OF THE CIty TO EXECUTE AND THE CITY SECRETARY TO AFFIX T6E CORPOR- ATE SEAL AND ATTEST THE SAME. A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION. RECONSTRUCTION. MAINTENANCE. EXISTENCE AND USE OF T'HE SAID STREET PROJECTi FOR THE INDEMNIFICATION OF THE STATE OF TEXA . BY THE CITY.' AGAINST AU DAMAGES TO ADJOINING. ABUTTING AND OTHER PROPERTY. AND FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF; AND DECLARING AN EMER GENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS. the public convenience. safety and necessity of the CitYa an the people of tbe City require tbat the portions of State Highway 146 be recon- structed. Since the existing street constitutes a danger and serious inconven- ience to thepublict it is urgently required to be remedied; and WHEREAS, the City has requested the State of Texas to contribute fi- nancially in the street projecti and WHEREAS. the State of Texas has made it known to the City that it wil assist the City in tbe street project by furnisbing the necessary funds for actual constructions reconstruction and maintenance; and by supervising con- struction. providing tbe City approves the plan~t grades and alighment for said project; and WHEREAS1 the City, in consideration of the providing of said projecta agrees to indemnify tbe S~ate of Texas against all damages or claims for damage to adjoining. abutting or other property for whicb the State is liable. arising out oft incident tat and in any way connected witb the installation! the recon- struction. the existence. the use and maintenance of the street project or the passage a,nd enforcement of this ordinance. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTEr TEXAS: Sec~ion I. That since the public convenience. safety and necessity of the City and the people of the City require itf said street shall be recon- structed. Sec\ion 2. That tbe State of Texas be and is hereby authorized to enter upon. re~onstruct and maintain the street project at the location and in t e manner shown on the plans. attached hereto and marked "Exhibit A" and made a par bereof in all respects. Section 3. That nothing in this ordinance sball be construed to obli gate the State of Texas to pay any directJ incidental. or consequential damages ,/'--- , ''\ - . . , / '-....-- " /.. .-.... ~ :- -' \, ,./' /."j ".~. ----,// ,-..;. - / -.---.. . . -2- to adjoining] abutting or other property in enforcement of this ordinance or by reason of the installations reconstructiont existence, use and maintenance of the street project authorized herein. Section 4. For and in consideration of the mutual covenants herein contained) tbe City does hereby agree to indemnify the State of Texas against all damages and claims for damages to adjoining, abutting) or other property for which th~ State of Texas is liable] arising out of, incident tOt or in any way connected with the installation, the reconstruction. existence, use and mainten- ance of said street project and does hereby agree to indemnify the State of Texa against all Court-costs, attorneys' fees and all expenses in connection with suits for such damagess and shall] if requested to do so in writing, assist or relieye the State of Tex~s from defending any such suits brought against it. Section 5. Notbing contained herein shall ever be construed to place upon the State of Texas any manner of liability for injury to or death of person 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. The Mayor of tbe City be and is bereby authorized to exe- cute 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 pro- visions of this ordinance, in the form attached hereto and marked ftExhibit BII. Tbe City Clerk is bereby directed to attest tbe agreement and contract and to affix the prop~r seal of the City thereto. Section 7. The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an amergency and imperative necessity that the work herein provided for be begun and carried out promptly and wi~h expedition and that tbe contract aforesaid shall be immediatel mades executed and delivered to the end that such work herein provied for may be begun and carried out promptly and with expedition. The reading of the ordinanc on three several days is hereby dispensed with and the.same shall be in full force and effect from and after its passage. Passed and approved this the 7~ day 01 ;Oc'tODer)J A. D. 1955. AT~ ~~gg~ M.;~J;t6cirt~iex.s 1 y Clerk of the City of La Porte) Texas