HomeMy WebLinkAbout02448 ORD - 01/18/1949MUNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR THE.- AMONSTRUCTION AND MAINTENANCE OF THE
PORTION OP'UAMBIGHWAY NO....4...... IN THE CITY OF _- CQ. PUS_ _CHRISTI
.............................
UUUGER
VE REFE,RRF� TO AS "THE STREET ir. AND .LiUTHORIZIIVG-THE- ��I��OF THB ' �
CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE
SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE
INSTALLATION, ...... rE CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET
PROJECT: FOR THE MEMNIFICATION OF TOE STATE OF TffAS, BY THE CITY AGAINST ALL
DAMAGES TO ADJOINING, ABUTTING ANP OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION
.WITH ANY CLAIM OR SUIT THEREOF: AND DECLARING AN'. EMERGENCY AND PROVIDING THAT THIS
ORDINANCE SHALL BE EFTiECTIVE FROM M AFTER ITS PASSAGE.
WHEREAS, the public convenience, safety and.nscessity of the city, and the
People of the city require that the portion of..St�iQ.$ig47y..TTIKP�l.6. -.O, f p� $yation
- •- •.- ......:_?t2 �G ..l��.�x._s$37lmnn__Sts.x_ -.to. -_the West City Limits, Ste. 10011
be.....reconstructed. Since the axisti ... ..........._... con. ................
ng street constitutes a danger and aerioiia in-
convenience to the public, it is urgently required to be remedied; and
WHEREAS, the city has requested the State of Texas to contribute financial-
ly in the - street project; and
WHQtEAS, the State of Texas has made it known to the city that it will
assist the city in the street project by furnishing the necessary fund ®.for actual
construction, reconstruction and maintenance; and by supervising construction, pro-
viding the city approves the plans, grades and alignment for said project; and
WHEREAS, the city, in consideration of the providing of said project,
agrees to indemnify the State of Texas against all damages or claims for damage to
adjoining, abutting or other property for which the State is liable, ar�eing out
of`, incident to, and in any way connected with the installation, the construt
tion, the existence, the use and maintenance of the street project or the passage
and enforcement of this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
city
SECTION 1. That since the public convenience, safety and necessity of the
ar4 the peopl8 of the city require it, said street shall be re constructed.
upon xn
SECTION 2. That the State of Texas be and is hereby authorized to enter
shown on construct and maintain the and marked Project at the location and in the manner
in all respects. "Exhibit A ' and made a part hereof
SECTION 3. That nothing in this ordilhanoa shaU be construed to obligate
the State of Texas to pay any direct, incidental, or consequental d
adjoining, abutting or other property in enforcement of this ordinance or by
reason of the installation, - - „rq- construction, existence, use and maintenance of
the street project authorized herein.
LslukALIM
10 -43 -1083
1
SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city does hereby agree to indemnify the State of Texas against all
damages 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 any way connected
with the installation, the..:n�construction, existence, use.and maintenance of said
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, if requested to do so in writing, assist or relieve the State
of Texas from defending any such suits brought against it.
SECTION S. 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 lose of property arising out of or in any manner connected with the
maintenance or nee of the street project and the city will save the State of Texas
harmless from any damages arising out of said maintenance and /or use of said street
project.
Manager
SECTION 6. The 01,tby/ 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 in
accordance with and for the purpose of carrying out the terms and provisions of
this ordinance, in the form attached hereto and marked "Exhibit B ". The City
Secretary is hereby directed to attest the agreement and contract 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 imperative
necessity that the work herein provided for be begun and carried out promptly and
with expggfdition and that the contract aforesaid shall be immediately made, executed
and delivered to the end that such work herein provided for may be begun and
carried out 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 from and after its passage.
PASSED AND APPROVED this /� day of January, A. D. 1949.
U
City of Corpus Christi, Texas
10 -43 -1083
Corpus Christi, Texas
January, 1949
TO TBE IIETdBERS OF T$E CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the foregoing ordi-
nance, a public emergency and imperative necessity exist for the suspension of the
Charter rule or requirement that no ordinance or resolution shall be passed finally
on the date it is introduced, and that such ordinance or resolution shall be read
at three meetings of the City Council, I, therefore, hereby request that you sus-
pend said Charter rule or requirement and pass this ordinance finally on the date
it is introduced, or at the present meeting of the City Council.
Respeotfully,
R
City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
The above ordinance was passed by the foll ng votes
Wesley E. Seale
George R. Clark, Jr.
John A. Ferris
R. R. Henry
Joe T. Dawson
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