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Home My WebLink AboutOrdinance - 889-1948 - Installation Hwy- Railroad Crossing - 10/14/1948J ORDINANCE No. 889 10-\ 1-t-\.9% Lubbock Count;y Coat.rol 5J-l·l8 FAG.V S02 (ll) u.s. llwT· 6k AN ORD~E PROVIDDG FOR THE INSTALlATION, OPERATION AND MAINTE- NANCE OF A HIGHWAY .. RAILROAD GRADE CROSSim PROTECTION DEVICE ON WHERE . SAri>. a·a "ji -~·Tifi~··t···TBE .... rorr "'W<i!B ... Aiin DDVF.i···em HiamtAT • ·nit.m "caiP.ilt ................. ---· 000000 • 0 0 •• 0 '0 ''•0 • 0 00 •••••0 00 0000000'00 '" ''" OO o OO O ••o .oooo +_,,,., .. , O oo ooooo•••• 0 ''''''"'0 h 0 0 O ho ••-"•••·O oOoo o ooo•O • •oo o HOo • h •o ooo O o "''''''•••••••• .. oH•ooo o o o o IN' "TliE ···cm .... oF'· ..................... ~-~ ...................................................... ,.. ·TEitAS;·AtiD ... Aurltoif~ !ZING THE MA.YOR . dF ... T~ (f ~'O"!'E 'AND ' 'THE CITY SECBETARY TO AFFIX THE CORPORATE SEAL .MID ATTEST THE SAME, A CERI'AIN CQNTRACT BETWEEN THE CITY, TEE S1'ATE Olt' TEXAS AND TBE Rtill.ROAD CCMPANY FOR THE INSTALLATION, CONSTRUCTION, ExrSTENCE AND THE USE OF SAID PRO- TECTION DEVICE PROJECT; FOR THE PAYMENT, BY THE STATE OF TEXAS, OF THE CONSTRUCTION COsrS OF SAID PROTECTION DEVICE ~OJECT i FOR THE ASSUMP.riON, BY THE CITY, OF ALL DAMAGES TO ADJOINING_, ABUTTING AND OTHER PROPERTY AND BUSINESS AND TO TENANT OR OCCUPAl'lT THEREOF BY REASON OF TEE INSTALlATION OF SAlD PROI'ECTION DEVICE PROJECT i FOR THE PROTECTION OF TEE STATE OF TEXAS AND THE RAILROAD COMPANY AGAINST ALL SUCH DAMAGES AND EXPENSES IN COIDlECTIOn WITH A ClAIM OR SUlT THERE9F; AND DECIARING AN E.MEOOENCY AND PROVIDDK} TRA.T THIS ORDINANCE SBALL BE EFFECTIVE FR~ AND AFTER ITS PASSAGE. ~' the public convenience, safet y and ne cessity of the City, and the pe ople of the City requ ire that t he protection device pro ject be installed whore ..... .... ........ ..... ..... ... .. ... . ....................... -. .... ........ ........ . .. v .... s_. ... Bt.ebRf:-···· ....................................................................................................... .. c r o sse s the track of the .. Fort. .. WOJ"t,h :.ald. Dermtr. ... Ci,tjr. ... Rail._,._~.... ...... ......... .................. . ....... . ••••••• 0000 4°00000 '"'''''''''''' oO ooooOoo•ooooooo•ooo o OOO•Oo UO O ... ,,,...,., ..._,_. ... , •+•o o ooo• ''" •ooooo o ••••• o~o o o o oooo o Oo oo o ••-ooooo O o o o~•••••••o·O n o o O .. oo Oo o OoOo ooooo o o o oo~uooo ••••ooooo O•ooooo••O•O••ooooo ... o o oo o •o Ooooo-.o•o•o•o••••••••••"0 " "'00 in the City of .......... Lubbock ...................................................................... , Tcx a o, since the existins railroad grade crossing constitutes a danger and serious inconvenience to the public which is urge ntly required to be remedied and tho only practical remedy is that of ~ installing a highway-railroad grade crossing protection device; and WHEREAS, the City baa requested the State of Texas to contribute finanM . · cial aid in the installation of the protection de vice project; and WHEREAS, the State of Texas has mad e it known to the City that it will a s sist the Ci ty in the installation of the pr ot ection de vi ce project by furnishing the ne cessary funds f or the actual construction a nd by supervising construction, providing the City approves the plana f or said pr ot ection devi ce; and WBEREAB, the City , in consideration of the providing of said pr otection devic e pro ject, agrees to protect the State of Texas and the Railroad Company from any and a l l l iability and any and all damages t o adjoining and abutt ing pr operty or other property or business or to any tenants occupy i ng such pr operty, caused by the inst a lla tion, the const ruction, the existenc e and the use of th~ protection device pro ject or the passage and enforcement of thi s ordi nance rV Ordinance (Protection Device) (. 6-39-1545 Pa&;e l ,• Na-T, THEREFORE, BE IT ORDAIN:ID .BY THE CITY COUl'lCIL: Section 1. That since the public convenience, safety and necessity of the City and the peopJ.e of the City require 1t1 a highway-railroad grade crossing protection device proJect shall be installed ,there .... U" ... $, ... ~ ... ~ ........................... . crosses the track of the J'ort. lforth and Denver Cit7 R&il.way ec.p&Dr . ········· .. . .. ...... .. .. ..... . . . . ...... ······ ..... ············ ....... ··············!-·································· iii . tile · city ..... ··· .. · ·· ................ · .. ·· .... .. .. .. · Section 2. That the State of Texas be a.nd is hereby authorized to con- struct or to have constructed the protection device project at the location and in the manner as shown on the plans attached hereto a.nd marked ''Exhibit A" a.nd made a part hereof in all respects and approved chaneee thereof. Section 3. That nothing in this ordinance shall be construed to require the State of Texas or said Railroad Company to assume or pay any direct, incidental or consequential damages to adJoin1ng1 abutting or other property or business or to any tenants occupying adjoining, abutting or other property ~auaed by1 incidental to, or in anyway connected with the passage and enforcement of this ordinance and/ or by the installation, the construction, the use and/or the existence of' the pro- tection device project authorized herein, or to defend any suit or suits brought against the State of Texas and/or the Railroad Canpany by any party or parties for the recovery of any e ~ch damages. Section 4, That for and in consideration of the mutual covenants herein contained, the City does hereby agree that all dsmages and claims for damagee 1 in- cluding damages to adJoining, abutting1 or other property, if any there be, arising out of 1 incident to, or in any way connected with the inata11a·t1on, the construc- tion, the use and/or the existence of said protection device project, shall be ad- Justed and paid sole~ by the City and the City shall and does hereby agree to hold harmless the State of Texes and said Ra.:Uroad Company against 8lJY 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 andlor the existence of said protection device project and agrees to aesumo the defense of any and all suite brought for the recovery of all such allesed damages, and shall intervene and make itself a party thereto in ita own name, if it is not already made a party thereto, for the purpose, and shall if requested in writing by the State of Texaa or said Railroad Company so to do, wholly relieve the State of Texas or said Railroad Company from defending the same, and hereby agrees to hold the S·tate of Texas and said Railroad Company and each of them harmless as to court coeta1 attorneys fees, and all expenses in con .. nection with such suite Slld. hereby assumes and agrees to pay all Judgments recovered against the State of Texas and said Railroad Company by reason of the construction, the installation, the use ernd/or the e:d.etence of said protection device proJect. Section 5. That the Me.yol" of the City be and is hereby authorized to execute for and on behalf of the City an agreement and contract with the State of Texas and said Railroad Company in accordance with and for the purpose of carrying out the terms and Pl'OVie ions of this ordinance in the form attached hereto and marked Exhibit ''B." The City Secretary is hereby directed to attest the agt'eement and contract and to affix the proper seal of the City thereto. Ordinance (Protection Device) 6-39 .. 1545 2 ,.. Section 6.. That the State be and is hereby authorized, as agent of the City, to construct or have constructed said protection -device project at the location and in the manner as shown on Exhibit "A" and approved changes thereof- Section 7., That the Railroad Compaey shall maintain said protection device project., Section a. That the Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency arid imperative public necessity that the work herein provided for be b68Un and carried out promptly and lTith expedition, and that the contract aforesaid shall be iDIIlSdiately made, executed and delivered to the end that such work herein provided for may be begun and carried ou~ promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect f1•om and after its passage· •. Passed and approved by the · City Commission, this the 14th day of October, A.D. 1948. STATE OF TEXAS I COUNTY OF LUBBOCK § I, ...................... Laveni.a ... Williama .............................................................. ····' the duly appointed qualified and acting City Secretary of the City of ..... Lub.'b.o.ck ................................................ ·······' Texas hereby certify that the foregoing pages constitute a true and correct copy of an or.dinance duly passed by the City Council at a meeting held on .............................. : ............... , ... 9~~9~.~.r .... ~4b ............................... A.D., 19 .... M.t ... , at ... 1:.30 ................... o'clock, .... P ..................... M. To certify which, witness ley" hand and seal of the City of .. ~~~~~~~ ............................ .at Texas, this due .14, ........ day of .... O~t .......... _ _, 19 4.8 .. ··'· in the City of ...... ~~~~~~~ ............................. . .... .. ...................................... ............. ······················-' Texa.e. . .............................................. L-u.bb!:>~k ................ County Ordinance (Protection Device) 6-:39-1545 . ,., I ... • 'l> . ~· -I A ... . ~ u~ ;~~ I I t fi~ ll1 • l ' N tjl 'if t,t l.i 't" llt t~ ,, l i fh i~ 'l i .. . ttl ~~ tU~ lit I f~ '4;1ll l~ f