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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 X- l 0