HomeMy WebLinkAbout1956-0227 - Ordinance - 04/23/1956ORDINANCE NO. 227
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF TIIE
PORTION OF F.M. HIGHWAY NO. 2154 IN THE CITY OF COLLEGE STATION,
BRAZOS COUNTY, TEXAS, HEREINABOVE 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
FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, EXISTENCE AND
USE OF THE SAID STREET PROJECT; FOR THE INDEMNIFICATION OF THE
STATE OF TEXAS, BY THE CITY, AGAINST ALL DAMAGES TO ADJOINING,
ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION WITH
ANY CLAIM OR SUIT THEREOF: AND DECLARING AN EMERGENCY AND PROVIDING
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 old
State Highway 6 from F. M. Highway 60 South to South City Limits
be constructed. Since the existing street constitutes a danger and
serious inconvenience to the public, it is urgently required to be
remedied: and
WHEREAS, the city has requested the State of Texas to contribute
financially 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 actual construction, reconstruction and maintenance: and by
supervising construction, providing the city approve, the plans, grades
and alignment for said project; and
WHEREAS, the city, in consideration of the providing of said project,
agrees to indemnify the State of Texas against all damages or claims
for damage to adjoining, abutting or other property for which the State
is liable, arising out of, incident to, and in any way connected with
the installation, the construction, the existence, the use and
maintenance of the street project or the passage and enforcement of this
ordinance.
NOW T
FORE, 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 constructed.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon, construct and maintain 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.
00556
SECTTr)N 3. That nothing in this ordinance shall be construed to
obligate the State of Texas to pay any direct, incidental, or consequential
damages to adjoining, abutting or other property in enforcement of this
ordinance or by reason of the installation, construction, existence,
use and maintenance of the street project authorized herein.
SECTION 4. For and in consideration of the mutual convenants herein
contained, the 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 the State of Texas is liable, arising out of, incident to, or
in any wyr cnnneected with the installation, the construction, existence, use
and maintenance of said street project and does hereby agree to indemnify
the State of Texas against all court costs, attorneys' fees and all expenses in
connection with suite for such damages, and shall, if requested to do so in
writing, assist or relieve the State of Texas from devending any such suits.
brought against it.
SECTION 5. Nothing contained herein shall ever be constructed to place
upon the State of Texas any manner of liability for injury to or death of
persons or for damages 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 form any damages arising out of
said maintenance and / or use of said street project.
SECTION 6. 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. The Mayor of the city, having requested in writing that
this ordinance take effect forthwith and there being in fact an emergency
and imperative 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 our promptly and with
expedition. The reading of the ordinance on three sever -,1 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 23rd. day of April, J956.
mayor
ATTEST
0)/=,//e.ft;f4A.4
City Secretary
CO i 7