HomeMy WebLinkAboutOrdinance - 724-1945 - Provinding For Construction Portions Of Highways 87, 62, 84, And 82 - 09/14/1945~~~=.~=~=~=~====================~============o=~==-=,~==-=,9=4==s===l=.==iF=
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ORDINANCE NO. 7 24
A.l"q ORDINANCE PROVIDING FOR THE CONSTRUCTION, REX::ONSTROOTION AND MAINTENAi\TCE
OF THE PORTIOl'iS OF U.S. HIGHWAYS NCS. 87, 62, 84 AND 82, :U~ THE CITY QF LUBBOOK,
TEXAS, HEREINAFTER REFiliRED TO AS ••THE STREET PROJECT" AND AUTHORIZING THE MAYOR
OF THE CITY TO ~UTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND
ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE ·OF TEXAS PRO•
VIDING FOR THE INSTALLATION, CONSTRUCTION, REX::ONSTRUCTI<>N, MAINTENAOOE, EXIST•
ENOE AND USE OF THE SAID STREET PROJECT; FOR THE IiNilEMNIFICATION OF THE STATE
OF TEIAS, BY THE CITY, AGAIL"iST ALL DAMAGES TO AnT J INING, ABUTTING AND OTHER
PROPERTY, AND FOR EXPENSES IN CONNOOTION WITH ANY CLAIM OR SUIT THEREOF; AND
DECLARING AN EMERGENCY AND PROVIDING THAT THIS DRDilWlCE SHALL BE EFFIDTIVE
FROM AND AFTER ITS :PASSAGE.
WHEREAS, the Public convenience, safety and necessity of the City, and the
people of the City require that new routes for u.s. 87, u.s. 62, u.s. 84, and
u.s. 82 as described below,
The~treet Project
(1) An alternate route for u.s. Highway 87 along Avenue A from the south
city limits to Fourth and Avenue D and from Fourth and Avenue D along Avenue D
and new location to the north city limits at the intersection of Avenue H and
the P & SF Railroad;
(2) A new route for U.S. 87 over Avenue ~ from the south city limits to
3rd Street;
{3) A new route for u.s. 62 over 19th Street from the west city limits to
the east city limits;
(4) 1&. new connection for U.S. 84 from Third Street and Aveme Q paralleling
approximately the P & SF Railroad to ~e north citJ limits;
(5) A new route for U.S. 82 along Fourth Street from the east city limits
to Avenue ..Q
be constructed, and since the existing street constitutes a danger and serious
inconvenience to the public which is urgentl1 required to be remedied; and
V~, the city has requested the State of Texas to contribute financial-
ly in the street project; and
WHEREAS, the State of Texas has made it known to the city that it will as-
sist the city in the street project by furnishing the necessar.y funds for ·ac•
tual construction, reconstruction and maintenance; and by supervising construc-
tion, providing the city approves the plans, grades and alignment for said pro ..
ject; and ·
WHEREAS, the city, in consideration of the providing of said project, agrees
to indemni(y the State of Texas against all damages or claims for damage to ad•
joining, abutting or other property for which the State is liable, arising out
of, incident to, and in any way connected with the installation, the construc-
tion, the reconstruction, the existence, the use and maintenance of the street
project or the passage and enforcement of this ordinance.
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NOW THEREFORE, BE IT ORDAIN:J?D BY THE CITY COMMISSION OF THE CITY OF LUBBOOK:
SECTION 1. That since the public convenience, safety and necessit.Y of the
city and the people of the city require it, said streets shall be constructed.
SECTIDN 2. That the State of Texas be and is hereby authorized to enter
upon, construct, 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 shall be construed to obligate
the State of Texas to p~ aqy direct, incidental, or consequental damages to
adjoining, abutting or other property in enforcement of this ordinance or by
reason of the installation, construction, reconstruction, existence, use and
maintenance of the street project authorized herein.
SECTION 4• For and in consideration of the mutual covenants herein con•
tained, the city does hereb.y agreet, consistent with its Charter provisions,
to indemnify the State of Texas against all d~es 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 ~way connected with the installation,
the construction, existence, use and maintenance of s,td street project and
does hereby agree to indemnify the State of Texas against all court costs,
attorneys• fees and all expenses in connection with suits for such damages,
and shall, it requested to do so in writing, assist or relieve the State of
Texas from defending any such suits brought against it.
SECTION ;. 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 &qf manner con-
nected with the maintenance or use of the street project and the city will save
the State of Texas harmless from any damages arising out of said maintenance
anq/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 cit.Y 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 ordiance, in the form attached hereto and marked "Exhibit
Btt. The City Secretar.y is hereby directed to attest the agreement and con•
tract 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 im•
perative necessity that the work herein provided for be begun and carried out
promptly and with expedition and that the contract aforesaid shall be immedi-
ately made, executed and delivered to the end that such work herein provided
for may be begun and carried out promptly and with expedition. Further read-
ing of the ordinance is hereby dispensed with and the same shall be in full
force and effect from and after its passage,
AND IT IS SO ORDERED.
3 • ..
Passed by unanimous vote of the Commission this l.L,_ day of a~pt, ,
1945. .
Attest: