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HomeMy WebLinkAbout1959-0276 - Ordinance - 01/26/1959BOORUM & PEASE ORDINANCE NO. 276 MUNICIPAL ORDINANCE (Construction and Maintenance Agreement) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF F.M. ROAD NO. 60 IN THE CITY OF COLLEGE STATION, BETWEEN THE FOLLOWING LIMITS, TO -WIT: FROM STATE HIGHWAY 6 TO EAST CITY LIMITS, HEREINAFTER RE- FERRED TO AS "THE 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 CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF SAID PROJECT; AND DETERMIN- ING THE LIABILITIES AND RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO; AND DECLARING AN EMERGENCY AND PROVIDING THAT THE 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 F.M. Road No. 60 from State Highway 6 to the East City Limits be constructed, since the existing condition constitutes a serious inconvenience to the public, which it is urgently re- quired to be remedied; and WHEREAS, the City has requested the State of Texas to contribute fi- nancially in the project; and WHEREAS, the State of Texas has made it known to the City that the State will assist the City in the improvement and maintenance of said pro- ject, providing the City approves the plans for said project. NOW, THEREFORE, 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 project shall be constructed. SECTION 2. That 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 Mayor of the City is further authorized to approve and sign the detailed plans for construction of the project or any section thereof when and as such plans are completed and prior to award of construc- tion contract by the State. The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the City thereto. SECTION 3. That the State of Texas be and is hereby authorized to enter upon and construct the project at the location and in the manner shown on the plans to be approved by the Mayor and attached hereto, marked "Exhibit A", and made a part hereof in all respects, and to maintain such project all as is provided in the agreement hereto attached. 00636 BOORUM & PEASE 66N. i R" 13- BOORUM BOORUM & PEASE "N.a R" SECTION 4. The fact that there is an imperative necessity that the work provided for in said contract be begun and carried out promptly, and that such contract should accordingly be forthwith executed, creates a pub- lic emergency requiring that this ordinance be passed finally on the date of its introduction, and the Mayor having in writing declared the existence of such emergency and requested such passage, this ordinance shall be passed finally on the date of its introduction, this 26th day of January, 1959, A.D., and shall take effect immediately upon its passage and approval by the Mayor. STATE OF TEXAS COUNTY OF BRAZOS I, N. M. 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 January 26 , A.D., 195 9, at 7 o'clock P. M. To certify which, witness my hand and seal of the City of College Station , Texas, this due 26th day of January , 195 9, at College Station , Texas. ATTEST: City Secretary cief City Secretary of the City of College Station , Texas APPROVED: Mayor 7/( 00637