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HomeMy WebLinkAboutOrdinance - 809-1947 - Providing For The Construction And Maintenance Of Portion Of Hwy 62 - 03/13/1947.. ~'3-13-I.S.If7 ORDINANCE NO. 8 09 MIJN'IC'IPAL -oRDINANCE (Construction, :Reconstruction &nd M:lintemnoe) AN ORDINANCE maviDilC FOR THE CONSTRUCTION AND MAINTENABCE OF THE PO'R'ITON "OF -~~.s~. HlGRWAl NO. ~2 ... :m THE CM OF ....... Lubbock .................. -.. --__ , __________ ..................... . .... .. .. . . .. . . . . . ....... ... . ...... ............... ... .. .. ... . . .. . .. . . .. .. .•. .. . ..... . . .. . ...... .. .. . .... .. .. .......... ........... ...... . ............................................ 1 HEREINABOVE REFERRED TO AS "THE STREET PBOJECT" AND AUTHORIZnG THE MAYOR OF THE CITY TO EX.ElCDTE AND THE CITY SECREI'ARY TO AFFIX THE CORPORATE SEAL AND A~ THE SAME, A CERTAIN CONTRACT BE'.N'EEN TliE CITY AND THE STATE OF TEXAS PROVIDING FOB TBE INSTALIATION 1 ................ CONSTRUCTION'1 MAINTENANCE, EXISTENCE AND USE OF THE SAID STREE.'I' PROTECT; FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, :BY THE CITY, AGAINST ALL DAMAGES TO ADJOINOO, ABUTTING AND <Yl'HER PROPERTY 1 AND FOR EXPENSES IN CONNECTION WITH ANY ClAIM OR SUIT THEREOF; AND DECIAR:nG AN EMERGENCY AND PROVIDOO THAT TH1S ORDINANCE SHALL BE EFFECTIVE FROM AND AFI'.ER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the city, and the people of the city require that the portion of .... '0' .. ~,. .. 62 .(a.s .. sho:wn .. on .. .a.ttached .. plaus) be·.:: .. · : .. ·: :o onstructed ~--· ... siilC'e .... the ... e.xiEdilng ... 8 treet .. ·c: onet itutea .. a .. d8.ri8er .. 8 rid . seri'Oi.ui "In: convenience to the public, 1t is urgent.Q' required to be remedied; and WHEREAS, the city has requee'tt,d the Stat& of Texas to contribute financial- ly in the street project; am · WHEREAS, th~ Sta~ of Texas has made it known to th& city that it vill aeaiat the city 1n the street proJect by turn1sh1ns the n~cea88ry funds for actual construction, reconstruction end m1nt6mnce; and by superv1.a1ng construction, pro- viding the cit,-approves the plans, grades and al1gmDI!Int for said project; and WHEREAS, the city, in consideration of the providing of said porject, agrees to indemnify the Stat~ of Tt.xas against all damagt~s or claims for damage, to adjo1n1ns, abutting or other property for which the State is liable, arising out of, incident to, and in any way connected vith the installation, the ......... _construc- tion, the existence, the use end maintenance of the street project or the JBS&age and enforcement of .this ordinance. NOW' 'rHEREFORE, :BE IT ORDAINED 13Y TBE CITY C<)UNCIL: SECTION 1. That since the public convenience, safety and necessity of the city and the people of the city require it, said street shall be .......... constructed. S!!nTION 2. That the State of Texas be and is hereby authorized to enter upon ..... · .... c onstruct and m1nta1n the street project at the location and in the manner shown on the plana, attached hereto and marked "Exhibit A'' and -mde a part hereof in all respects. SECTION 3. That nothing in this cmlinance &hall be construed to oblisate the State of Texas to IBY any direct, incidenta·l, or consequents! damages to adjoining, &butt1ns or other property in enforcement of this ordinance or b;" reason of the 1IJBtallation, ........... construction, existence, use and maintenance of the street project authorized hetrein. 10-43-lOO:S 1 _, :s. ( ~ \ ,., SECTION 4. For and in connideTStion of the mutual covenants herein con- tained, the city does hereby agree to indemnify the State of Texas against all damages and claims for damgea to adjoining, abutting, or other pro]>E>rty for vhioh the State of Texas 1e liable, arising out of, incident to, or in any way connected with the installation, tha ...... construction, existence, use and maintenance of Raid street project and does hereby agree to indemnify the State· of Texas aga !nat all court costa, attorneys' fees and all expenses in connection with suits for such damgee, and shall, 1-f requested to do eo in vr1t1ng1 assist or rel1svs th& State ot T~xas from defending any such suite brought against it. S]X;TION 5. Nothing contained heroin shall ever be construed to place upon the Stat.e of Tams an,y mnner 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 project and the city will eave the Stat& of .Texas harmless from any damgee arising out of said meintenance ani1/or use of said street project. SECTION 6. The Mayor of the city be and is hareby 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 can-y!~ out the terms and provisions of this ord ina nee 1 in the form attached hereto and marked "Exh1 bit ] ". The C1 ty Secretary ia hereby directed to attest the agreement and contract and to affix the proper seal of the city hereto. SECTION 7, The 14\yor of the city, having requested in writing that this ordinance take effect :forthwith ani1 there b&ing in fact an emergency and imperative n&ceesfty that th6 work herein provided for be begun and carri&d out promptly and with &xped.1t1on and that the contract aforesaid shall be ~d1ataly mado 1 execut&d and delivered to the end that such work herein provid&d for TMJ.Y be b~ and carried out promptly and with expedition. The reading of the ordinance on three several tlaye is hereby dispensed with and the same shall be in full force a:M effect frOm and a:fter 1 te :passage. Passed and a~proved by unanimous vote of the ~ity 6ommission in regular sess~on, this the 13 ____ day of March, 194?. 10-43-1083 2 Mr. s.c. McCarty State Highway D epartmant 105 East BroaOway Lubbock, Texas. Dear Mr! McCarty: March 18, 1947. . E nclo~ea he}"ewi tn ,Pl~'J:Je .tin4 exeou~e4 CGPJ of ~F lans of Proposed State Highway Improvement" 19th Street .from College Ave.nue to Texas Avenue and Avenue Q troro 34th Street to 11:5 Ft. North of 21st Street; also certified copy of Ordinance No. 809, providing for the construction and mai n tenance ot the portion of u.s. Highway No. 62, an~ two (2) copies of "llunlcipal ~onstruction Agreement" in connect~on with improvement ot u.s. Highway 62, being 19th St-reet .fr,am College Avenue in Lubbock to the West City Limits. The copies of "Munioips l Construction Ag reement" have been executed by tbe Cit{'or Lubbock and are · , being flilt'W&rded to you for your execution, after which please ma.11 us a co p y .for our files. BAH:w Yours very truly• Bomer A.. Hunter City Manag e r.