HomeMy WebLinkAbout1949-0123 - Ordinance - 02/16/1949ORDINANCE NO. 123
AN ORDINANCE PROVIDING FOR TEE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION
Kyle
AND MAINTENANCE OF A HIGHWAY TRAFFIC SIGNAL PROJECT AT TNF INTERSECTION OF
Street and S. H. 6. Also Intersection F. M. 60 and S. H= 6.
AND
IN THE CITY OF
College Station
TEXAS, AND AUTHORIZING THE MAYOR OF THE
CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ALLEST THE
SAME, A CERTAIN CONTRACT BE7_'WEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE
INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF SAID
PROJECT; FOR THE PAYMENT, BY THE STATE OF TEXAS, OF THE CONSTRUCTION, OPERATION AND
MAINTENANCE COSTS OF SAID 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 CONNECTION WITH ANY CLAIM OR SUIT THEREFOR; AND DECLARING AN EMERGENCY
AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the public convenience, safety, and necessity require that the
highway traffic signal be installed, since the unprotected intersection constitutes
a danger and serious inconvenience to the public which is urgently required to be
remedied and that the only practical remedy is that of installing the highway traf-
fic signal as herein provided; and
WHEREAS, the State of Texas has made it known to the City that it will
furnish the necessary funds for the actual construction; prepare plans and speci-
fications; install said highway traffic signal; supervise construction; and after
completion of construction of said highway traffic signal project, furnish the
electricity, operate, and maintain the highway traffic signal at its sole cost and
expense, provided the City approves the plans, specifications, and location of
said project.
Ordinance (Traffic Signal - Type 1)
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00238
WHEREAS, the City, in consideration of the providing of said highway traf-
fic
raf-fis signal project, agrees to protect the State of Texas from any and all liability
and any 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, operation, and the maintenance of the highway
traffic signal or the passage and enforcement of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL
Section 1. That since the public convenience, safety, and necessity
require it, a highway traffic signal be constructed and provided at the intersection
of Kyle Street and. S. H. 6. Also F.M. 60 and S. H. 6.
ash
in the City.
Section 2. That the State of Texas be and is hereby authorized to con-
struct said highway traffic signal project at the location and in the manner shown
on the plans and described in the specifications attached hereto, marked "Exhibit
A", and made a part hereof in all respects.
Section -3. That nothing in this ordinance shall be construed as to
require the State of Tess 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
installation, the construction, the existence, the use, operation and/or the main-
tenance of the highway traffic signal project authorized herein, or to defend any
suit or suits which may be brought against the State of Texas by any party or
Ordinance (Traffic Signal - Type 1) -2-
00233
parties for the recovery of any such damages.
Section 4. For and in consideration of the mutual covenants herein con-
tained, the City does hereby agree that all damages and claims for damages,
including damages to adjoining, 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, operation and/or the existence of said highway traffic
signal project and/or the maintenance thereof, 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,
operation and/or the existence of said highway traffic signal project and/or the
maintenance thereof, and agrees to assume the defense 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 as to court costs, attorney's fees and all expenses in
connection with such suits, and hereby assumes and agrees to pay all judgments
recovered against the State of Texas by reason of the construction, the installa-
tion, the use, operation and/or the existence of said highway traffic signal project
and/or the maintenance thereof.
Section 5. That no changes are to be made in the type of signal or
design or operation without written authority by the State Highway Engineer.
Section 6. That the Mayor be and is hereby authorized to execute for and
on behalf of the City an agreement and contract with the State of Texas in accord -
Ordinance (Traffic Signal - Type 1) -3-
00230
ance with and for the purpose of carrying out the terms and provisions of this
ordinance, in the form attached hereto, made a part hereof, 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 thereto.
Section 7. That the State be and is hereby authorized, as agent of the
City, to construct said highway traffic signal project at the location and in the
manner as shown 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 therein. provided for may be
begun and carried out promptly and with expedition. The reading of this ordinance
on three several days is hereby dispensed with and the same shall be in full force
and effect from and after its passage.
00231
Ordinance (Traffic Signal - Type 1) -4-
STATE OF TEXAS
COUNTY OF BRAZOS
N. M. McGinnis
, the duly appointed
ointed
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
.F.Q1W-PIXY.16 A.D., 19.49 ., at 7 o'clock, .M.
To certify which, witness my hand and official seal of the City of
giolaigge4t4ticin , Tess, this the ....l'Xth
19..4 .., at ..G(0.7.ege .Stat:.Qr , Texas.
Ordinance (Traffic Signal - Type 1)
-5-
day of ..F.ebxuany
City Secretary of the City of
College Station.........Texas.
00292
,
STATE OF TEXAS
COUNTY OF TRAVIS
This AGREEMENT, made this day of , 19....,
by and between the State of Texas, hereinafter called the "State", Party of the
First Part; and the City of .College. StWon............. Brazos County,
Texas, acting by and through its duly authorized officers under an ordinance passed
the day of J.eJD PATY , 19109.., hereinafter called the "City",
Party of the Second Part:
WITNESSETH:
WHEREAS, the City has authorized the installation of a highway traffic
signal project by Ordinance passed on the
day of February
19.4.9 ., at the intersection . and . J3•.. J• 6
in the City; and
WHEREAS, the State has made it known to the City that it will furnish the
necessary funds for the actual construction; prepare plans and specifications;
install said highway traffic signal project; supervise construction; and after
completion of construction of said highway traffic signal project, furnish the
electricity, operate, and maintain the highway traffic signal project at its sole
cost and expense provided the City approves the plans, specifications, and location
of'said project; and provided further that the City assumes responsibility for all
damages including damages to adjoining, abutting, and other property occasioned by
or resulting from the installation, construction, existence, use, operation and
maintenance of said highway traffic signal project and the passage and enforcement
of the Ordinance hereinabove referred to.
Agreement (Traffic Signal - Type 1) -1-
00293
EXHIBIT
AGREEMENT:
NOW, therefore, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and performed,
as hereinafter set forth, it is agreed as follows:
1. For and in consideration of the mutual covenants herein contained, the
City does hereby agree that all damages and claims for damages, including damages
to adjoining, 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, oper-
ation and/or the existence of said highway traffic signal project and/or the main-
tenance thereof, shall be adjusted and paid solely by the City and the City shall
and does hereby agree to hold harmless the State 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, operation and/or the existence of said
highway traffic signal project and/or the maintenance thereof, and agrees to assume
the defense 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 so to do, wholly relieve the State from defending the same,
and hereby agrees to hold the State harmless as to court costs, attorney's fees and
all expenses in connection with such suits, and hereby assumes and agrees to pay
all judgments recovered against the State by reason of the construction, the instal-
lation, the use, operation and/or the existence of said highway traffic signal
project and/or the maintenance thereof.
2. The State will furnish the necessary funds for the actual construction;
prepare plans and specifications; install said highway traffic signal project; super -
Agreement (Traffic Signal - Type 1) -2-
0029.1
vise construction; and after completion of construction of said highway traffic
signal project, furnish the electricity, operate, and maintain the highway traffic
signal project at its sole cost and expense.
3. That the City will exercise no control whatsoever over the operation,
maintenance, continued use, or existence of said highway traffic signal project
without written authority by the State Highway Engineer.
4. That the State shall have the authority to make such changes in the
operation of the highway traffic signal as it may deem necessary and advisable to
promote the safe, convenient, and orderly movement of traffic.
5. That the City shall be responsible for the police enforcement required
for securing obedience to the highway traffic signal.
6. It is understood and agreed by and between the parties hereto that
the City recognizes that the public convenience, safety, and necessity require the
construction of the highway traffic signal project as herein provided and has con-
sented to the construction of the highway traffic signal project hereinabove named
by the approval of the location and manner of construction as shown on plans and
described in specifications attached hereto, marked "Exhibit A", and made a part
. hereof.
7. In the event the terms of this agreement are in conflict with the
provisions of any other existing agreement and/or contract between the City and
the State, this agreement shall take precedence over the other agreement and/or
contract. All other provisions of said existing agreements and/or contracts not
in conflict with this agreement shall remain in full force and effect.
Agreement (Traffic Signal - Type 1) -3-
00295
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in duplicate on the day above stated.
ATTEST:
x -r
Secretary for City
APPROVED:
Chairman, State Highway Commission
Member, State Highway Commission
APPROVED AS TO FORM:
General Attorneys for the City
Assistant Attorney General
Agreement (Traffic Signal - Type 1) -4-
By
By
�,�
TILE STATE OF TEXAS
State Highway Engineer
RECOMMENDED FOR APPROVAL
Engineer, Traffic Services
00238