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Home My WebLink AboutMinutes - City Council - Regular - 5/4/1953RECESSED REGULAR METING Lubbock, Texas May 4, 1953 The City Commis-dion of the City of Lubbock,-Texas,met at lr30 P.M. in'recessed regular session recessed from regular meeting of April 23, 1953, in the regular meeting place in the City Hall, the following members thereof being present to. -At: Mayor Murrell K. Tripp, and Commissioners Hurley Carpenter and L. S. Davis, City Epgineer W. B. Holmes, City Traffic Engineer Lynn Andrews, City Attorney Vaughn E. Wilson and City Searetar,F-Treasurer Lavenia Lowe-, Absent: Commissioners Harry Morfis and Lucian Thomas, City Manager Steve Matthews. 3-11-49!!!974 Motion by Commissioner Davis, seconded by Commissioner Carpenter, motion carried, Kayor Tripp and Commissioners Carpenter and'Davig(vting Yea, none voting Nay, Ordinance No. 1385 was passed as an emergency measure. ORDINANCE NO. 1385 AN 0 PU3f;VIDQNG FOR -THE INSTALLATION, OPERATION AND MAINTENANCE OF A HIGHWAY.. RAILROAD/C� PBOTECTION DEVICE ON U. S. HIGHWAY 62 (19th Street) WHERE SAID STREET CROSSES THE LINE OF THE FORT WORTH AND DENVER RAILWAY COMPANY IN THE CITY OF LUBBOCK, TEXAS, 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, THE STATE OF TEXAS AND THE RAILROAD COMPANY FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE IND THE USE OF SAID PROTECTION DEVICE PROJECT; FOR THE PAYMENT, BY THE STATE OF TEXAS, AND CITY, OF THE CONSTRUCTION COSTS OF SAID PROTECTION DEVICE PROJECTT ; FOR THE INDEMNIFICATION OF THE STATE BY THE CITY AGAINST _ANY AND ALL DAMAGES . TOW03 SUING, ABUTTING AND OTHER PROPERTY EY REASON OF THE INSTALLATION OF SAID PROTECTI04VICE PROJECT; FOR THE PROTECTION OF THE STATE OF TEXAS AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNECTION WITH A CLAIM OR SUIT THEREOF; AND DECLAR- ING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. STATE OF TEXAS Lubbock County COUNTY OF TRAVIS Control 13 0-5-20 FG-G42(21) U.S. ighway 62 THIS AGREEMENT, made this 4th day of May, 1953, by and between the State of Texas, herein- after referred to as the "STATE", Party of the First Part; an4the Fort Worth and Denver Railway Company, a corporation hereinafter, whether one or mcr e, called the "Railroad Company", Party of the Second Part, acting by and through , its under and by virtue of authority shown in Exhibit "D", attached hereto and made a part hereof; and the City,& Lubbock, Lubbock County, Texas, , acting by and through its duly authorized officers under an ordinance passed the 4th day of May, 1953, hereinafter referred to as the "City", Party of the Third Part: W I T N E S S E T H: WHEREAS, the City has authorized the construction of a highway -railroad grade crossing protection device project by ordinance passed on the 4th day of May, 19531, on U. S. Highway 62 (19th Street) in the City; and WHEREAS, the City has requested the State to contribute financial aid in the installation of said highway railroad grade crossing protection device project; and WHEREAS, the State has made it known to the City that it will assist the City in the construction of the highway -railroad grade crossing protection device project by preparing plans, awarding construction contract and supervising construction, providing the City approves plans and specifications of same, and during and after construction by the State, the City will indemnify the State against any and all damages and claims for damages to ad- joining, abutting or other property occasioned by or resulting from the installation, construct- ion existence and use of said signal protection device project and the passage and enforcement ofjthe ordinance hereinabove referred to. AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agree- ments of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas, has exclusive control of and jurisdication of all streets and public ways within the incorporated limits of said City, and that the City has requested and has consented to the construction of the protection device project hereinabove named, and the State, in the construction of the above named protection device project, does so at the special instance and request oAhe City. The locations and manner of the installation being shown on the sketch attached hereto marke d Exhibit "A" and made a part hereof and approved changes thereof. The State Highway Department of the State of Texas acts as the agent of the City in the construction of the protection device project thereof. 2. The City, does hereby agree to and does hereby authorize the State tb construct, or to have constructed, the highway -railroad grade crossing protection device project at the location and in thg6nner as shown on the sketch attached hereto and marked Exhibit "A" and made a part hereof and approved changes thereof . 3. The State agrees to prepare or provide plans and spedifications and supervise con- struction thereof and to pay the cost of the actual construction thereof, in accordance with Exhibit "B" and approved changes thereof. 4. The Railroad Company agrees to maintain said protection &vice project. 5. The City agrees to indemnify the State against any and all damages and claims for damage to adjoining, abut'ing or other property for which the State is or may be liable arising out of, incident to or in any way connected with the installation, the construction, the existence or the use of sach protection device project, and does hereby agree to indemnify the State against any and all court costs , attorneyst fees and all expenses In connection with suits for such damages and shall, if requested to do so in writing, assist or relieve the State from defending airy sudb suits brouglt against it. 6. 19oth3ing in the agreement shall be construed to place any liability on the City for personal injdries arising out of the construction, the installation, the use or the existence of said protection device project. 7. The City agrees to reimburse the Railroad Company for ten pendent (10%) of the total cost of the project to be -constructed under the terms of the attached agreement marked Exhibit "E", an exact copy of which will be executed between the State and the Railroad Company. The City also agrees toreimburse the Railroad Company for the actual costs which were incurred in connection with this portection device installation prior to approval of _ plans and specifications of this project by the U. S. Bureau of Public Roads. 8. It is agreed by all parties hereto that the Railroad Company is4ot required to bear any of the xtual construction costs of this project. IN TESTIMONY WHERECF, Th*arties hereto have caused these presents to be executed in triplicate on the day above stated. FORT WORTH AND DENVER RIILWAY COMPANY BY: (Title) ATTEST: Secretary for Railroad Company RECOMMENDED: r , General Manager for Railroad Company Chief Engineer for Railroad Company APPROVED AS TO FORM: Attorneys for Railroad Company *9. The City will reimburse the Railroad Company for items of expense which are incurred in constructing this project in accordance with the approved plans and which are not eligible for payment by the State under the terms of Exhibit "E". THE STATE OF TEXAS Certified as being executed for the purposes and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State High- way Commission: BY: Chief Engineer of Planning RECOMMENDED FOR APPROVAL: Bridge Engineer /s/ S. C. McCarty District Engineer APPROVED AS TO FORM: Assistant Attorney General CITY OF LUBBOCK, TEXAS BY: /s/ Murrell R. Tripp -- Mayor ok:VEW (Paragraph 9, above, authorized added by City Commission /s/ Lavenia Lowe May 14, 1953. Secretary for City No further business coming up for consideration, the City Commission adjourned. Passed and approved this the 14th day of May , 1953 C y Secretary reasoner