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HomeMy WebLinkAbout1956-0224 - Ordinance - 02/27/1956ORDINANCE NO. 224 AN ORDINANCE AMENDING ORDINANCE NO. 167 OF THE C TTY OF COLLEGE STATION) TEXAS, 1951, BY ADDING A NEW SECTION AFTER SECTION 43 OF ARTICLE 5 TO BE KNOWN AS SECTION 43A, ENTITLED, "NEGLIGENT COLLISIONS"; DEFINING THE OFFENSE OF NEGLIGENT COLLISION AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THE OFFENSE, AND PRESCRIBING AN EFFECTIVE DATE. BE 1T ORDAINED BY THE City of College Station, Texas. Section I. That ordinance No. 167 of the City of College Station, Texas, 1951 be, and the same is hereby amended by adding after Section 43, Article 5, a new section to be known as Section 43A, defining the offense of negligent collision. NEGLIGENT COLLISIONS — No person driving or operating, or in charge of any motor vehicle, animal, railroad engine, railroad car, or any other vehicle shall, by negligence, cause or suffer or permit the same to come in collision with any other vehicles of any nature whatever, or with say animal, person, street post, water plug, mail box or any other obstacle or object whatever, in or on any street, alley, avenue, highway or other public place whatever, in the City of College Station. Violation of this section shall be known as the offense of "negligent collision:, Section II. NEGLIGENCE — Negligence is the want of such care and caution as a person of ordinary prudence would use under like or similar circumstances.. Negligence shall be prima facie presumed from the fact of collision. Section III. Ever$r person convicted of a violation of this ordinance shall be punished by a fine of not less than one ($1.00) Dollar nor more than Two Hundred (200.00) Dollars. Section IV. This ordinance shall take effect and be in force from and after its final passage and publication as prescribed by the • Charter. Passed and approved this 27th day of February, 1956. APPROVED: NMI ATTEST: City Secretary 00550 41 8 STATE OF TEXAS 0 COUNTY OF BRAZO " 0 T, N. 11. McGinnis, the duly appointed, qualified and acting city secretary of the City of College Station, Texas hereby certify that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held on April 23, A.D., 1956, at 7:00 o'clock P.M. To certify which, witness my hand and seal of the City of College Station Texas, this due 24 day of April, 1956, at College Station, Texas. City Secretary of the City of College Station, Texas 00551 ;TANDARD B & P STATE OF TEXAS 0 COUNTY OF TRAV IS 1 THIS AGREEMENT, made this C 50-1-26 F 471(20) Brazos County day of , 1956, by and between the City of College Station, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the Construction of monolithic curb and storm sewer work including incidental items within the limits from the North City Limits of College Station to the South City Limits on State Highway No. 6, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense. The estimated construction cost of this work is Thirty Nine Thousand Three Hundred and No/100 Dollars (39,300.00), including contingencies and construction engineering. NOW THEREFORE, it is understood that this proposed work will be con- structed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant made payable to the State Treasurer, Account of Trust Fund No. 927 in the amount of Thirty Nine Thousand Three Hundred and No/100 Dollars (39,300.00), to be used in paying for the proposed work required by the City in the City of College Station. It is further understood that the State will con- struct only those items for the City as requested and required by the 00552 STANDARD B & STANDARD B & P City and the entire cost of such items will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/ or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the Cityts portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the Cityts full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further under- stood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies IN TESTIMONY WHEREOF, the parties to be executed in duplicate on the day CITY OF COLLEGE STATION Party of the First Part By: Mayor By: By: By: By: Member of City Council Member of City Council Member of City Council Member of City Council and construction engineering. hereto have caused these presents above stated. STATE OF TEXAS STATE HIGHWAY COMMISSION Party of the Second Part Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: State Highway Engineer under authority of Commission Minute 30665 Recommended for execution: Engineer of Aid Projects 00553