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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) -1- 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