HomeMy WebLinkAbout442 Ordinance0 R D I N A N C E 'NO.
~ ORDiN~ PROVIDING POR THE INS'TALLATION, CONSTRUCTION,
EXIST~CE, USE, OPERATION AND ~Ii~ENANCE OPA T~!C CONTROL
~NTER~T ION O~
SIGNAL LIGHT ~O~ECT AT T~ ~ ~ ~ U~ ~. Highway
No ~0 on Pifth St. ~ U., S..Eighway No 8~on C'°i~,bia H~"
· N TH~ ~IT~ o~ Pl~vmew. TE~S AND AUTHORIZING T~
l~OR OF T~E cITT-TO'~'E~0'U~ ~ T~E CITY~ SEC~T~Y TO ~FIX
T~E CORPORATE SEAL ~D ATTEST THE S~, A CERTAIN CONTRACT BE-
TWaiN THE CITY A~ THE STATE 0~ T~AS ~OVIDING POR T~ INSTALL-
ATmION, CONSTRUCTION, EXISTENCE, USE, ~TI~N A~ i~.INTEN~CE
OF SAID ~OJ'EOT: FOR THE PATH~NT. B~ T~~ STATE O~ TEX~S, OP
T~JE oONST~C~ION COSTS OP SATD PRO~OT: FOR T~ ~SSUE.~ION, BY
~UTTING ;~D ~n~s PRO-
THE CITT. OF ALL~_~~u~'~'~'~ TO ~JOINi~;~,~,~ -~ ~ ~ ~"~'~
PERTY ~ BUSINESS ~D TO TENET OR OCOUP~T ~T~EOP; POR T~
PROTEGT~IO~ OF THE ST&TE OP TE~&~ ~GA~ST ALL ~OH~n~~~=~,~ ~D
~P~B IN CON2~EOTION ~ITH A~ O~',~ OR SUIT T~R~OR: POR ~
~INTEN~CE Ai~ O~ION OP T~ T~PPIC CONTROL SIGNAL ZIGH~
PROJECTs A~ DECKING ~ ~;~RGENOY A2[D ~ROVIDING ~AT THIS OR-
DINg'GE SHALL BE ~PECTI~ ~RO~ ~MD ~T~R ITS P~AGE
~HF~REAS. the publi~ convenience, safety and necessity
of the city, and the people of the city ree~ire that the traffic
control signal light be installed, since ~oroteoted intersect-
ion constitutes a d~nger and serious inconvenience to' the public
which is urgently required to be remedied and that the only prac-
tical remedy is that of inst~lling the traffic control signal
light as herein provided; ~ud
~HERF~&S. the City has requested the State of Texas to
contribute financis~l ~id in tke installation of the traffic~ con-
trol sig~l light project; and
~;~HE~AS. The State of Texas has made it known to the
~ity that it will assist the City in the bonstruction of said
traf£ic co:ntrol signal light project by furnishing the necessary
fu~ds for the ~ct~al~ construction; by preparing plans and spec-
ifications; by installing said tr~f:£ic control signal light;
and ~y supervising constr~ction, providing the City approves
the plans, specifications, and location of said project, and ~.
after completion of donstruction of said ~affic control ~ign~l
light project, maintains and operates said traffic control sig-
nal light project at its sole cost and expense; and
~EREAS, the City. in con~sideration of the providing
of said traffic control signal light project, agrees to protect
the State oi~ Texas form any and all liability and any and all
d-~nages to adjoining and abutting property or b~d~tne_$~oo~rtp or
such property, caused by the installation,
the ~'nstraction, the e~i~tence, th,,~ use, operation, and-the
maintenance of the traffic control ,~ignal light or the passage
and enforcement of this ordinance_.
NO~, THER~ORE, BE IT ORDAINED BY THE CITY COLd, OIL:
Section 1. That since the public convenience, s~fety
and necessity of the City and the people of the City ='equire it,
a '~raffic control signal light be constructed and provided at
the intersection of U.S. ~i£th Street
and U. .
~ec~ion 2. That the S~tate of Texas be and is here-
by muthorized to construct said traffic control signal light
project at the location and in the manner shown en the plans
and as described in the specifications attached hereto and
marked '~'Exhibit A" ~nd n~de-a part hereof in all respects.
Section ~o That nothing ;in this ordinance shall be
construed as~to require the State ~z Tex~s to assume or pay
~az~ direct, incidental or consequential dammges to adjoined,
a~utting or other pre~ez~ or business or to any tenan$
occupying adjoining, abutting or other property caused by, in-
cidental to. or in any way connected ~th the passage and eh.
~fo~eement of this o~din~ce and/or by the install~tie, n, the
construction, the e~istence, the use, opera~ion, and/e~ the
maintenance of th~ tra£fic control signml light project auth.
ori~ed herein, or to defend or suits Which~may be
brought against the S~ate of by ~m4y party or parties
~or the ~ecovery of any such damages.
Section 4. ~or and in consideration of the mutual
covenants herein contained, the City does hereby agree that
all dmm~ges and claims~fer d~n~ges, including d~m~ges to ad.
jolni~, abutting or other property, if any there be, arising
out of. incident to, or i~ auy~way connected with the install~
atio~,~he construction, th~
ence ef said traffic control the
maintenance thereo sh~ll be adjusted and p~id by the
City and the City does hereby agree to h0td harmless
the ~tate efTexs~ ~gain any and ail claims, demands and causes
of action for recovery ef any ~nd all such damagem arising o~t
of the installation, the construction, the use. eperm~ion a~d/or
or the ~aintenmnce , and agrees to ~s~ume the defense
any and all suits b~ought for the recovery of all such alleged
damages, and shall inter,reno m~ke itself ~ D~rty therein in
i~s own if it is not ~ made a
purpose, if requested in wri~ the
so to do. relieve the State of Tex~s f~om defending the
s~me, and hereby agrees to hold the State of Texas harmless as
to court costs, at~orney'm fees ~d ~11 expensem in connection
with such smits, and hereby assumes aud agrees to pay ~ll j~dg-
merits recovered against the State of Texas by reason of the
construction, the inst the operation
existence of said traffic light or
the maintenance thereof.
~ection B. That the City will furnish electricity,
operate and maintain or cause to be operated an~ ~int~ine~
the traffic control signet light project. No changes are to
be made in the ~ype o~ signal or design without written auth-
ority by the State Highway E~gineer.
Section 8. That the mayor be and is hereby authorized
to execute for and on behalf of the City an agreement and con-
tract with the State ef Tex~s in accordance with ~ud for the put.
pose of carryLug out the terms and provisions cf this ordinance,
in the form attached hereto and marked ~ExhibitB". The 0ity
Secretary is hereby directed to &~test the ~reement and con.
tract and to affix the proper seal of the City thereto.
Section ~. That the State be and is h~ereby author-
ized. as agent of the City, to ~o~str~ot said traffic control
signal light project~ at the location and the~ manner as shown
on ~Exhibit A~"
Section 8. That the ~yor of the City, h~ving re~
quested in writing that this ordinance take effect forthwith
and there being in fact an emergency and imperative public
necessity that the work herein provided ~er be begun ~nd carried
out promptly and with expedition and that the contract afore-
s~id sahll be immediately made. executed and delivered to the
end that such work therein provide~ for may be begun and cmrried
out promptly and with expedition. The reading of this~ erdin~uce
on three several d~ys is hereby dispensed with and the s~me
shall be in full force and effect from an~ after its p~ssage.
PASS~ AND .&D02~ED this 6~h day of
Earth t9Z9.
Tom Shelton