HomeMy WebLinkAboutOrdinance - 1473-1953 - Providing Installation, ETC Of Hwy 84 Overpass. - 10/22/1953~ 10-~::!-1~ 5 3 l!! /~ 3 ORDINANCE It 14 73
Lubbock COWl t7
J'G 503 (8)
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6 " AN ORDINANCE PROVIDING FOR THE mBT.ALLATION 1 CONSTRUCTION, EXISTANCE 1 USE AND
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MA.mTENANCE OF AN OVERPASS PROJECT AT THE INTERSECTION OF ................................................. .
............................... J1., .... ~.t .... lJlG-:aw.4Y ... ~ ... (4:!B .. .SWE.). .......................... ~ .................................................................... .
WITH THE PROPERTIES AND TRACKS OF THE ... ........ ........................... .... ...... ....... .... ............. ...... ... ..... . ...
I-AiliAllllD A.ID s.AlftA B Un.lf.A.Y COMP.d! ·-········································································-······················"······-········· .. ··········································· ......................................... . ............................................................................................................................................................................................. --··on
IN THE CITY OF ........... l..l1.UO.CI........................... .............. . 1 TEXAS AND AUT.HORIZDG THE MAY
OF TKE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPOEATE SEAL AND
ATI'EST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY, THE STATE OF T.E.XAS AND THE
RAILROAD COMPANY PROVIDmG FOR THE mSTALLATION 1 CONSTRUCTION, EXISTENCE, USE
AND MAINTENANCE OF SAID OVERPASS PROJECT; FOR THE GRANTING OF LICENSE AND PER ..
MISSION BY TEE RAILROAD COMPANY FOR SAID PROJECT j FOR THE PAYMENT I BY THE STATE
OF TEXAS1 OF THE CONSTRUCTION COSTS OF SAID PROJECT; FOR THE ASSUMPTION, BY THE
CITY, OF ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY AND BUSINESS AND
TO 'nNANT OR OCCUPANT THEREOF i FOR THE PROTECTION OF THE STATE OF TEXAS AND THE
RAILROAD COMPANY AGAINST ALL SUCH DAMAGES .AND EXPENSES IN CONNECTIOJ1 WITH ANY
CIJ\.IM OR SUIT THEREFOR: FOR THE MAINTENANCE OF THE OVERPASS PROJECT;: .AIID
DECIARING AN EMERGENcY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM
AND AFTER ITS PASSAGE.
WHEREAS 1 the public convenience 1 safety and neceaai ty of the City,
and the people of' the City require that the grades of' .......................................................................... ..
... . . .. .. ..... . . .. ........ .. ............................... V ...... $. ...... lJ.ichwu: .. l4 .... C.4.ih .. .S t .r.ee t.l...... ... .. ............ ......... ....................... ........ . ...... .
and the t r acks of the ... '-~-cU-~ ... qA.Jiu.H. .. le ... kil~ ... CtllRpalV'..... ............... ...... .... ... . ....... .
be .. Eiai)arate'cf by· ·t.lie --·c·anstriict ron .. ·e:;r .. ·an--·ov:;;·:r:pa:a·a · .. pi~o jec t.·;--·a'ince·--the· ·;;·x-:ta·t.·inS .. · ...
grade crossing at such street or road over the tracks of' sai~ Railroad Company
constitute a danger and serious inconvenience to the public which is urgently
required to be remedied and that the only practical remeey is that of con-
structing an overpass as herein provided; and
WHEREAS, the City has requested the. State of Texas to contribute
financial aid in the construction of the overpass project; and
WHEREAS, the City baa requested the Railroad Company to grant a
license and permission for the construction of said overpass project across
ita property and over its tracts at such intersection; and
WHEREAS, the State of Texas haa made it known to the City that it
will asatat the City 1n the construction of said overpass proJect by furnish-
ing the necessary funds for the actual construction; by preparing plans and
apecif1cat1one; by awarding of construct ion cor!t ract e; by supervising con-
struction; and by aeaieting 1n the maintenance of eaid project, providing the
City approves the plans, grades and aligmnent for eaid project, and after com-
pletion of construction will maintain certain features of said ov&rpaae project;
and
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11 .. 47-2872 n .. 5
Ordinance (Overpass)
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WHEREAS, the Railroad Company has made it knowh tha.t it will
grant e. license and permiss~ for said ~d:erpe.ss proJect to. be coju,~ucted
across its property and under its tracks' at tbe location herein stated;-end
' . WHEREAS, the City, 1n considera~ion bf the p~Yidtng _of said
underpass project, agrees to protect the S~ate of Texas and the Railroad
Company from any and all liability and 8.Il1 and ·all d8mages to adJo1nir)g and
abutti.ng property or other property or business or ·to MY temmts occupying ../
such property, caused by the installation, the oon8tru.ct1an, the existence,
the use and the maintenance of said Wld.erpe.ss proJect or the passage and
enforcement of this ord1ne.nce; and
WHEREAS, the Railroad Comp~ is to maintain and to be res-
ponsibile for th~ maintenance of the underpass superstructure and its support-
ing substrUcture, tracks, and other railroad facilities located upon the
Railroad Company's property and without expense to the City or State.
NOW, THEREFORE, BE IT ORDAINED :BY THE CITY COUNCIL:
Se ction 1. 'lbat since the public convenience, sat"ety and
necessity of the City and the people of the City require 1t& an underpe.Ae
be constructed and provided at the intersection of ............ Y.~ ...... ,. ... m&~!:9. ........... .
With the properties and traoka of the .............................................................................................. .
!Ja.nlumdle a.ud Santa l'e Bailwq CompaQ' .................................................................................................................................................................. fn'"tb8'"'C':ftY'~
••u•u•·••••••~• •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••••,. .. ••••••••••••••• .. ••••••••••••••••••'"••••• -••••""'''
Se ction 2. That the State of' Texas be and is hereby author-
ized to construct said underpass project at the approxtmate locatiOft and
in the general manner shown on the plan, attached hereto and marked "Exhibit
.A" and made a pat"t hereof' 1n all respects. Detailed plans, shov.tas location,
grades, etc., are to be later prepared coveri.ns the construction of the proJ-
ect and when said plans governing the construction of' said project have been
:prepared and approved by the City, they are to be attached· hereto, marked ·
"Exhibit :B" and made a part of this ordinance 1n all respects.
Section } • That nothing in this ordinance shall be construed
ae to require said Railroad CompDny or the State of Texas to assume or ~
any direct, 1nc1dento.l or consequential damages to adjoin1n8, abutting or
other property or business or to any t enants occupying adjoining, abutting
or other property caused by, incidental to, or 1n any way connected with
the passfl8e and enforcement of this ordinance or by the installation,
the construotton, the existence, the use or the maintenance of the proJ-
ect authorized her e in or to defend any suit or suite which ~ be brought
aga1nst said Railroad Company or the State of Texas by any party or pari tea
for the recovery of any such damages.
Section 4. For and 1n consideration of the mutual covencnts
herein contained, the City does hereby 881"86 that all ~es and clAims
for d.a.tJiaees to adjoining, abutting or other property 1 if a.ny there be,
ariei.ng out of, incident to, or in 8Zf3 we:s COIUlected with the installa-
tion, the construction, the use, the existence,. or the maintenance of
said project shall be adjusted -and paid. solel;r by the Cicy and the City
shall and does hereby agree to -hola: bflrmless sa.1d BaUroad Canpaey and
the State of Texas aeainst any and all ·clAms, demands and causes
Ordinance (Underpass ) ' 2 11.:47-2906 R
D·5
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or action for recovery of 81'cy' and all such damages ariain~ out of the inM
ste.llation, the construction, the use, the exiatenoe 1 sriifar the mainte-
nance of said project, anA ~es to assume the defense of any and all suits
brought for tbe recovery of aU sooh alleged damages, ancl shall intervene
and make 1 tself a party therein in its own name 1 if it is not a.lreaey made
a party thereto, for the purpose, and shall if requested in writine b,-the
Ratlroad CamP£:LIV or the State of Texas so to do, wholly relieve said Bail ..
roa.d Ccmpa.ny and the State of Texas from defending the same, ~d here by
agrees to nold said Railroad Canpany, the State of Texas and each of them,
harmless as to court coat~, attorney• a fees and all expenses in connection
with such suits, and hereby assumes and agrees to pey all Judgments recove.red
against said :Railroad Company or the State of Texas by reason of the con-
stroot1on1 the installa.tion1 the use, the existence, or the ma.1ntenance of
sa.id project.
Section 5. That the State will maintain the streets, sidewalks,
drainase under the street and drainage system for the underpass project. The
City will maintain all street lights, traffic lights and signal devices and
sweep, flush and otherwise keep said project in a clean and sanitary manner,
and nothing contained herein shall ever be construed to place upon the Rail-
road Ccmpany or the state of Te:xas any manner of liab111 ty for injury to,
or death of persons 1 or for dame.se to, or loss of property arising f'ran or
in any manner connected with the maintenance or use of the street, sidew.lks1 light system or drainage under the street and dra.ina.ge system for the under-
pass proJect located either on or off of the Railroad Company's right-of-way
and the City will save the Railroad Ccrnpany and tbe State of Tems ha.nnless
tram~ damages arising fran said maintenance err the use of said project.
The Railroad. Company will maintain and be responsible for the maintenance
of the gre.de separation su~rstructure and its substructure, tracks and
other railroa.d facilities located upon the Railroad Canpany'a right .. of.-wey.
Section 6. That the City will pay to the state pran.ptly the
cost of IDBJd.ng repairs to the Sl.lbgrade or surfacing made necessary by reason
of the instal.lation., repair, removal, or adjustment or any such publicly or
privately owned utilities or services, which may occur a.i"ter the completion
of the said underpass project.
Seotion 7. That the City will refrain fran passing an ordi·
nance fixing a speed l1mit on said underpass project of under twenty (20)
miles per hour nor will it allow the erection of signs, semaphores or
signals that will g1 ve preference to local routes .which intersect with the
said project, nor that will slow up1 hinder or delay traffio on said undel".
pass projeot.•
Section 8. That the Mayor be and is hereby authorized to exe-
cute for and on behalf of t~ City an agreement and contract with the state
Q't-Texas and tbe said Ba.ilroad Canpa.ny in accordance with and for the purpose
or oQ.rrYing out the terms and provisions of this ordinance 1 in the form
attached hereto and marlmd t'Exhibit C". The City Secretary is hereby
directed-to attest the agreement a.nd contract and to affix the proper seal
of the City thereto.
{)rd!na.noe (Underpass) 3 ll-47-2906 R
D-5
Section 9. That the State.be and is hereby authorized, as agent
of the City, to construct said underpass project at the location, to the grade
and 1n the manner as aJlown on 11Exhibit A" and to be shown on "Exhibit B".
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Section 10. That the Mayor of the City, having requested in
writing that this ordinance take effect forthwith and there being in fact an
emergency and imperative public necessity that the work herein provided for be
begun and carried out promptly and with expedition, and that the contract afore ..
said shall be immediately made, executed and delivered to the end that such work
therein provided far may be beg~ and carried out promptly and with expedition.
The reading of this ordinance on three several days is hereby dispensed with
and the same shall be in full force and effect from and after its passage.
AND IT IS SO ORDERED.
On motion of Commissioner ~ , seconded by Commissioner
Carpenter , this Ordinance was passed this 2~ day of October,
1953, by the following vote of the City Commission:
Commissioners voting 11YEA'': Morris, Ca~penter, Davis, Thomas and Mayor TriA>
Commissioners voting "NAY":
~T~ES~: ~.ilf~ ~ -----
La.venia r1fJI: City --sfcfetary•Treasurer
STATE OF TEXAS I
COUNTY OF LUBBOCK l
I, ... ... . . .. . . ..~veni~ Low.~. .. . . . . . . . .. . .. , the duly appointed,
qualified and acting City Secretary of the City of -u'b~o.ck ....... ·····-.. .. J
Te.ms, hereby certify that the foregoing pages constitute a true and correct copy
of an ordinance duly paaa_ed by the City Council at a meeting held on . October 231
·-·················· .. ····· .. . .... .. .... ... , A. D., 19 ~3 , at . .10:-09.. . .. .. o'clock, A •... M.
li.ub"bock
To certify which, witness my hand and official seal of the City of
i9 ;:r, a."t ··
Ordinance (T.Inderpa.as)
... . , Texas, this the 22nd . day of October ... .'
. ~:®b~C.k , Texas. · · ·· · ·· ·
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De//;., ~J•
City ~ry o~~-Clly of
.. . .. LulJbock. J Texas
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