HomeMy WebLinkAboutORD 04.10.1950 - Highway No. 104xt UNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE
OF THE PORTION OF ST.�.TE HIGBWAY NOv 104 IN THE CITY OF
GEORGETOWN
HEREINABOVE REF'E : RED TO AS "TIE STREET PROJECT" AND AUTHORIZING
THE YOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO
AFFIX THE CORPORATE SEAL AND ATTEST THE SANTE, 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 INDEK IFICA`!' _ON OF THE
STATE OF TEXAS, BY THE CITY AGAINST ALL DAMAGES TO ADJOINING$
ABUTTING AND OTHER PROPER`.CY, AND FOR EXPENSES IN CONNECTION
WITH ANY CLAIM OR SUIT THEREOF* AND DECLARING AN EIVERGENCY
AND PROVIDING THAT THIS ORDLNANC.E SHALL BE EFFECTIVE FROM AND
AFTER ITS PASSAGE O
WHEREAS, the public convenience, safety and necessity of
the City, and the people of the City .require that the portion of
State Highway 104 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
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
approves the plans, grades and alignment for said project; and
4HEREAS, 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 reconstruc�
tion, the existence, the use and maintenance of the street project
or the passage and enforcement of this ordinanceo
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
Section I. That since the public convenience, safety
and necessity of the City and the people of the City require it,
said street shall be reconstructed* _ k
Section II. 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 .Att- and made a part hereof in
all respects.
Section III. That nothing in this ordinance shall
be construed to obligate the Mate of 'T'exas to pay any
directs incidental, or consequental 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.
Section N. 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*prbperty for
which the State of Texas is liable, arising out of, incident
to, or in any way connected with the installation, the recon,:-
struetion, existence, use and maintenance of said street pro-
ject and does hereby agree to
1013i I ON
11il IN
connection with suits for such damages, and shall, if requested
to do so in writing, assist or relieve the State of Texas
Section V. Nothing contained herein shall ever be
construed to place upon the State of 'texas any man�aer of
liability for injury to or death of persons orfor damages,
Go, or loss of property arising out of or in any manner -d
with the maintenance or use of the street p-ooject and the City
Mill save the State of Texas harmless from any damages :arising
out of said maintenance and/or use of said street project.
Section VI. The Mayor of the City be and is hereby
authorized to execute for and on behalf of theCityan agree
rent and contract with the State of Texas :'.n accordance with
and for the purpose of carrying out the teras and provisions
of this ordinance, in the form attached hereto and marked
"Exhibit B"o `the City Secretary is hereby directed to attest
the agreement and contract and to affix the proper seal of
the City hereto.
Section VII9 TLe Mayor of the City, having re-
quested in writing that this ordinance take effect forthwith
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and there being in fact an emergency and imperative necessity
that the work herein provided for be begun and carried out promptly
s with expenditionthe 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
w ith expedition, The reading of the ordinance on three severakl
days is hereby dispensed with and the same shall be in full force
PASSED AND APPROVED THE TEN DAY OF '" 1950*
City
Secrei;ry, City of
Georgetown, Texas