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Home My WebLink About436 Ordinance65 P!ainview, Texas, October 17, t9~8. The 0ity Co~mucil met in regular meeting with the ~ollowing members present, l'~ayor Tom Shetton. Aldermen: L. ~, Kiker, O. H. Hancock, ~. S, '~3atson and E, ~. Osborne, City Tax Collector, P, H, Bry~a, and City Attorney, Frs~k R..D~y, attended the meet- ing ~lso · ~nutes of the last meeting read-and adopted. kotzon by Alderman Osborne, seconded by Alderman Kiker that the City Tax Collector be authorized and instructed to issue tax receipts for the years 1931 to 193~ inclusive, on the property of i~.Irs. R. C, ~gar~, for the ~nount off ~&,293.55. The motion was carried and it was so ordered. There being no further business, meeting adjourned, The ~ayor called a meeting of the Council of the City of Pl~inview, Texas, and the following members were present. ~layor, Tom Shelton, and ~ldermen, C, H. Hs~cock, L. ~, Kiker, E. i~[. Frogge, ~!, S. ~¥atson and E, ~. Osborne, And City Attorney, Frank,R, Day, aud the following business was trausacted Alderman ~rogge made a motion, which motion was seconded by Alderman Eiker, that the application o£Diart Pool for a license to operate a dance hall be accepted and the license granted. The motion was carried and it was so ordered. Atderm~n Frogge made a motion, which motion was seconded by Alderman Watson, that the following ordinance be passed and adopt- ed., The motion was carried aud it was so ordered, and the ordin- auce reads as follows: 0 R D I N A N 0 E NO. ~36 AN O ~INAN~E Pi~OVtDtNG FOR THE !NST~LaTIOi~, CONSTRUCTION, EX- io~.~NCE, USE AND ~!NTENANCE OF ~ O~RPASS ~0JECT AT T~ I!~TER- SECTION 0F Fifth Street ~ITH THE !)~ERTIES~lO' TRAC~ OF THE Panhandle IN = e~ ........ , TEX~S' A!~D AUTH6~IZII~'G ~AYOR 0F THE CI~ ~OUTE XI,~D T~ CITY SE~T~Y~ ~ ~ T0 AFFIX O0RPOR~TE SE.AL A!CD ATTEST TP~ SADe, A CERTAIN CONTi~CT BET~V~N T~ CITY, THE STATE 0P TEX~S ~2[D T~I R~I~0~ O0EP~ PROVIDING ~OR THE INSTALLATION, CONSTRUCTION, EXISTS[CE, USE .~ ~INTEN- ANCE 0F SAZD 0~R~&S~ PROJECT; FOR' THE GR~{TING 0P LICENSE PER~ISSION BY T~ RAI~0~ O0If~f~Y FOR SAID PR0~CT; F0~ T~ PAYmeNT, BY THE STATE 0F TEXAS, 0F THE CONSTRUOTION COSTS 0F SAID PROJECT; P0R TP~ ASSUD~TION, BY T~ CITY, 0~~ AEZ DA~GES ADJO:INING~ ABUTTII{G AIUD ~:;~.~ROPERTy A~ BUSI!~S ~{D TO TEN~ ANT OR OCCUi~h~T T~P~OP; FOR THE PROTECTION OF T~ STATE OP TEXAS AND THE RAIlrOAD CO~iPAI{Y AGAii~[ST AL~ SUCH D2~h~GES ~ -PENSES IN CONt~CTION WITH ANY C~IE~ 0I~ SUIT T~REPOR; FOR T~ I~AINTENANCE 0P T~ OVERPASS PR0~OT; AND DEO~RII~G ~ D2~D !°ROVIDiNG THA~ THIS 0~INANCE SHALZ BE EPPECTI~ PROI~! ~TER ITS ]PASSAGE. 66¸ ~.~'~ the public~ convenience, safety and necessity of the City, and the people of the City require that the grades of Street and the tracks of the PaPSaandle and Santa be separated au overpass the existing grade crossing at such street or road over the-tracks of said Railroad Companycconst~tute a danger 'and serious ~ucenvenience to the public ~nich~ is urgently required to be remedied and that the only practical remedy is that of constructing and overpass as herein provided; .and ~T~EE~AS, the City has requested the State of Texas to contri- bute financial aid in the constr~ction of the overpass project; and WHER~S, the Citp has reouested the Rai&road Company to grant a license and permission for ~he construction of said overpass pro- ject across its property and over its tracks at such intersection; and ~ ~A~, the State of Texas has ~ade it kmova~ to the City that it will assist the City in the construction of said overpass pro- ject by fmrnishing the necessary funds for the actual construction; by preparing plan~ and specifications; by awarding of construction contracts; and by supervising construction, providing the City approves the plans, grades and aligD_ment for said project, and after completion of construction of said.overpass project maintains said overpass project at its sole cost and expense; and ~WHEiQEAS, the Railroad Company has made it known that it will grant a license and permission for 2aid overpass project to be con- structed across its property and over its tracks at the location- herein stated; and ~WgE'REAS, the Oit~, in consideration of th~ proyi~ing of s~id ove.rp~ss p.r~jec~, agrees to protect the S~at~ of Texas an& thee Railroad Company from any and all liability and amy and all dam- ages to adjoining and hbutting property or other property or'busi- ness or to any tenants occupying such property, caused by the in- stallation, the construction, the existence, the_ use and the main- tenance off said overpass project or the passage and enforcement of this ordinance~ am~ ,r~HsPS.a~ ~ ~, the City will maintain and be responsible for the maintenance of the overpass project. Section !o That since the public 6onvenience, safety and necessz~y of the ~smty and the people of the ~mty require it, an.. overpass be constructed and provided at the intersection of Fifth Street with the properties and tracks of the Pa~ ~Railway Company in the Oity~ Section 2, That the S. tate of Texas be and is hereby aatno - izod. to construct said overpass project at the approximate locat- ion and in the general manuer shown on the pl~u, attached hereto and marked ~Exhibit ~' and made a part hereof in all respects. Detailed plans, showing location, grades, et~., are to be later prepared covering the construction of the project and when said plans governing the construction of said project have been pre- pared and approved by the City, they are to be attached hereto, ~ark d "Exhibit ~' amd made a part of this~ ordinance in all rea- pec~s° section 3. That nothing i~ this ordinance shall be construed as to require said Railroad CO~pany or the State cT Texas to ~ssu~e or pay ~ direct,incidental or consequential ~amages tO~ adjoining, abutting or O~her property or business, or to ~ ten- ants occupying adjoinisg, abutting or other property caused by, incidental to, or in any way connected with the passage and struction_ the existence,~ sUit~or suits which may ce orougn~ ~oa~nst~ ' oaz~-~ 'd ~aiiroad_ Como~-. p ~ o~_ the_ State~ o~ Texas by a~'~ _natty or parties for the recovery of any suc~h ~amages, 8cotton 4,, For and in consideration off the mutual covenants herein contained, the Oity does hereby agree that all da~aages and claims for ds~nages, including da~nages to adjoining, abuttin~ or other property, if any there be, arising out of, incident~to, or in a~n(y WaY connected with the installation, the construction, the Use and/or the existence of said project and/or the maintenance of the portion thereof for which the Cit~ herein accepts responsi- bility, shall be adjusted and paid solely by the City and the City shall and does hereby agree to hold harmless said Railroad Com- pany ~nd the State ~f Texas against any 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 and/or the existence; of sat project ~ d and/or the r£~alntenance of. the portion ~hereof for which the City herein accepts responsibility, and agrees to assume the defense of any and all suits brought for the recovery of all such alleged damages, and shall intervene and make itself a party therein in its own name, if it is net already made a party thereto, for the purpose, and shall if requested in writing by the Railroad Company er the State of Texas s~ t~ d~,~ wholly relieve said Railroad Company ~nd the State of Texas from defending the ~same, and hereby agrees to hold said E~.ailroad company, the State of Texas. and each of them, harmless as to court costs, attorneys' feea and all expenses in connectiSn with' auch suits, and hereby assumes and agrees to pay a~l judgments recovered against said Railroad Company and/er the State of Texas by reason of _the construction, the. installation, the use and/or the existence of said project and/ -or the maintenance of the protion thereof for which the City here- in accepts responsibility, Section 5, That the City will maintain or cause to be main- rained the. overpass project. The City assumes the entire responsi- bi~lit;y of such maintenance as above described, and nothing contain- e~herein sha~[ ever be construed to place upon the Railroad Com- pany and/or the State of Texas any msmner cE liability for injury to, or death o:f persona, or for damage to, or-leas of property ~rising from or in any manner connected with th& maintenance or usa cf the overpass project located either on or off of the Rail- road Company~_s right-of-way and the City will save the Railroad Company and the State of Texan harmless from any damages arising from said maintenance_ and/or the use of said project. Section 6, That the ida~or, be and is hereby authorized to exe- cute £or and on behalf of the City an agreement and contract with the State of Texas and the said Railroad Company in accordauce with arid for the purpose of carrying out the terms and provisions of this ordinance, in the form attached hereto ~nd marked '~Exhibit C," The City S'ecretary is hereby dj?coted to atteat the agreement and tract; and to a:ffix the proper seal of the City thereto. Section 7. That the State be and is hereby authorized, as agent; of the City, to construct said overpass project at the loc- ation, to the grade and in the manner as shoran on "Exhibit A" and to be, shown on "Exhibit B." Section 8. That the-~ayor of the City, having requested in writing that this ordinance take ef£ect forthwith and there being in fact an emergency and ~imperative public necessity ~hat the work herein provided for ~e ~egun and carried out promptly and with ex- pedition and 'that the co~ntract aforesaid shall be ~mmed~a~ely made, executed and delivered to the end that such work therei~ pro- vided, for may be begun and carried out promptly and with expedition. The reading of this ordinance on three several da~s i2 'hereby dis- pensed with and the same shall be in full force and effect from and after its passage. Aldermm~ Frogge made a motion that the above ordinance be a&opted and the motion was seconded by Alderman Watson, m~d upon motion being put to a vote the following Aldermen voted Yea: L. ~o Frogge, E, S. Watson, L. W. Xiker, O. H. Hancock and E. ~. Osborne; Aldermen voting Nay; None. Passed and approved this 24th day of October, 19~8. ATTEST: Jo L. Oali%~way i~ayor of the City of Plainview,