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HomeMy WebLinkAbout1956-0237 - Ordinance - 10/22/1956STANDARD B & P STANDARD 8 & P ORDINANCE NO. 237 AN ORDINANCE PROVIDING FOR THE RECONSTRUCTION AND MAINTENANCE OF THE PORTION OF STATE HIGHWAY NO. 6 IN THE CITY OF C OT J E GE STATION, TEXAS, HEREINABOVE REFERRED TO AS "THE STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE COR- PORATE 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 THE SAID STREET PROJECT; FOR THE IDEMNIF ICAT ION OF THE STATE OF TEXAS, BY THE CITY, AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CON- NECTION WITH ANY CLAIM OR SUIT THEREOF: AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER TTS PASSAGE. WHEREAS, the public convenience, safety and necessity of the city, and the people of the city require that the portion of State Highway 6 between the North City Limits and 200' South of Jersey Street be reconstructed. 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 con- tribute 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 nec- essary funds for actual construction, reconstruction and maintenance; and by supervising construction, providing the city approves 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 con- nected with the installation, the reconstruction, the existence, the use and maintenance of the street project or the passage and enforce- ment of this ordinance. NcW THEREFORE, RE TT ORDAINED BY THE CITY COUNCILS SECTION 1. That since the public convenience, safety and nec- essity of the city and the people of the city require it, said street shall be reconstructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon reconstruct 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. SECTION 3. That nothing in this ordinance shallbe 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, reconstruction, existence, use and maintenance of the street project authorized herein. 00571 STANDARD B 8 SECTION 4. For and in consideration of the mutual covenants 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 way connected with the installation, the re- construction, existence, use and maintenance of said street project and does hereby agree to indemnify the State of Texas against all court costs, attorneyst fees and all expenses in connection with suits for such dam- ages, and shall, if requested to do so in writing, assist or relieve the State of Texas from defending any such suits brought against it. SECTION 5. Nothing contained herein shall ever be construed 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 pro- ject 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 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 'tExhibit Bo. 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 out promptly and with expedition. The reading of the ordinance 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 22nd day of October, 1956, A.D. ATTEST: City Secretary • APPROVED: 7)4.'74 Mayor f� 00572