Ord 1341 2/16/1942 UxWj.1j1j.Lqui,, Liu. 1341
AN ORDINANCE PROVIDING FOR THE =CONSTRUCTION OF THE PORTION OF
ACCESS RQAD TO SHEP -FIELD----. IN THE CITY OF
ETCHITA FALLS
......... .. . ............ ......I........... .............. ..... . ......I..................... .......
"STREET PROJECT" AND AUTHORIZING
v4HEREINATTER REFERRED TO AS THE
THE MAYOR OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX
THE CORPORATE SEAL AND ATTEST THE SAME.9 A CERTAIN CONTRACT BETWEEN
THE CITY AND TEE STATE OF TEXAS PROVIDING FOR THE INSTALLATION.,
CONSTRUCTION, EXISTENCE AND USE OF SAID STREET PROJECT; FOR THE
PAIMENT., BY THE STATE OF TEXAS� OF THE CONSTRUCTION COSTS OF SAID
STREET PROJECT; FOR THE ASSU4PTION., BY THE CITY) OF ALL DAMAGES
TO ADJOININGt ABUTTING AND OTHER PROPERTY AND BLjSINESS AND TO
TENANT OR OCCUPANT THEREOF; FOR THE PROTECTION OF TEE STATE OF
TEXAS AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNECTION WITH
ANY CLAIM OR SUIT THEREOF: AND DECIARING AN IMWGENCY AND PRO-
VIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FRCM AND AFTER ITS
PASSAGE.
WHEREAS I necessity of the City, and
., the Public convenience., safety anc
the people of the City require that the portion of THE ROUTE OF THE ACCESS
ROAD TO SHEPPARD FIELD (as covered by attached plans) ...... ......
......... .. .. .... .... ......
be...=-c I on.B.t.r.uc.t ed........S.i.nc.e-t.h.e-e.x.i.a ting...atre.e.t-c.ons.t.itut.e I s 1.a---d.ang.er. and serious in-
convenience to the public which is urgently required to be remedied; and
WHEREAS, the City has requested the State of Texas to contribute finan-
cial aid in the street project; and
WHEREAS, 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 funds for the
actual construction or reconstruction; and by supervising construction, providing
the City approves the plans, grades and alignment for said project; and
WHEREAS, the City, in consideration of the providing of said projectp
agrees to protect the State of Texas from any and all liability and all damages
to adjoining and abutting property or other property or business or to any
tenants occupying such property, caused by the installation) the construction,
the existencey the use and the maintenance of the street project or the passage
and enforcement of this ordinance.
NOW; THEREFORE.. BE IT ORMAINED BY THE CITY COUNCIL:
Section 1. That since the public convenience) safet �
( nnecessity of the City
and the people of the City require it) said stree e =constructed,
Section 2. That the State of Texas be and is hereby authorized to construct the
street project at the location and in the manner shown on the plans) attached
hereto and marked "Exhibit A" and made a part hereof in all respects.
Ordinance (Highway Projects)
6-40-2673 1
Section 3. That nothing in this ordinance, shall be construed. to require the
State of Texas to assume or pay any direct) incidental or consequential damages
to adjoining, abutting or other property or business or to any tenants occupying
adjoining, abutting or other property caused by, incidental to, or in any way
connected with the passage and enforcement of this ordinance and/or by the in-
truction, the use and/or the maintenance of the street project
stallation, the cons any suit or suits which may be brought against the
authorized herein, or to defend or the recovery of any such damages.
State of Texas by any party or parties f the mutual covenants herein contained, the
Section 4. For and in consideration of and claims for damages to adjoiningp abut-
City dLoes hereby agree that all damages t of, incident to, or in any
ting or other property, if any there be, arising Ou
construction, the use, the existence,
way connected with the installation, the shall be adjusted and paid solely
and/or the maintenance of said street project, e State
by the City and. the City shall and does hereby agree to hold harmless th
of 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, the existence, and/or the maintenance of said street project, and agrees
to assume the defense of any and all suits brought for the recovery of all alleged
d.anages, and shall intervene and- make itself a party therein in its own name, if
it is not already made a party thereto, for the purpose, and shall if requested
te of Texas so to do, wholly relieve the State of Texas from
in writing by the Sta old the State of Toxas harmless as to
defending the same, and. hereby agrees to h connection with
all judgments) court costs, attorneys' fees and all expenses in
such suits.
Section 5. 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
damage to, or loss of property arising out of or in any manner connected with
the maintenance or use 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.
Section 6. That the Mayor 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, That the State be and is hereby authorized, as agent of the City, to
construct said project at the location, to the grade and in the manner as -shown
on Exhibit "A."
Section 8. That the Mayor of the City, having requested in writing that this
ordinance take effect forthwith and there being in fact an emergency and impera-
tive public necessity that the work herein provided for be beg-an and. carried out
promptly and with expedition, and that the contract aforesaid shall be imme(iiately
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 ordi-
nance on three several clays is hereby dispensed with and the same shall be in
full force and effect from and. after its passage.
Ord.inance (Highway Projects)
2
6-40-2673
STATE OF TEXAS
COUNTY OF Vii U-Li I-IA
...............................-
H. Crouch .........I--......... , the duly appointed)
...........
qualified and acting city secretary of the City of . ......
Texas, hereby certify that the foregoing pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meeting held on
r!qbruary !�th....___....__ -,__- . at ........... O'clock M.
........ ... ........... ) A.D.) 194P
To certify which) witness my hand and seal of the City of ......................
TEXAS, this due 18th day of ...ffebr r ...... 19-12--- at
�im...Y
vvichita �'alls Texas .
city Secretaxy of the City of
Texas
Ordinance (Highway Projects)
6-40-2673
STATE OF TEKAS
COUNTY OF TRAVIS
leth day of i,eb.rluaFy
THIS AGREEMENT, made this ..........
19 by and between the State of Texas, hereinafter referred to as the "State,"
,,ichita Falls ........................ .........................................
party of the First Part; and the City Of ...............................................................
"ichita Texas, acting by and through its duly authorized
.................- I.- -.............
officers under an ordinance passed the .J�th.............. day of Xe_br.i.�.�kry............ ............ 19, _42-,
hereinafter called the ,City," Party of the Second Part:
W I T N E S S E T 1i :
T&MEAS, the City has authorized the construction of a street project by
ordinance passed on the day of .r ebr-ary... ............ .42..... .........., on
tas covered by attached plans)
in the City; and
WHEREAS' the City has requested the State to contribute financial aid in
the construction of said street projects; and
WfflMEAS, the State has made it known to the City that it will assist the
City in the construction of said street project by furnishing the necessary funds for
the actual construction of said street project and by preparing plans, awarding con-
struction contract, and supervising construction, providing the City approves the
plans, specifications, grades and alignment of same, and providing further that the
City assumes responsibility for all damages to adjoining, abutting and other property
occasioned by or resulting from the installation, construction, existence, use and
maintenance of said street project and the passage and enforcement of the ordinance
hereinabove referred to.
AGREE1,41ENT :
NOW, TIHERIER20RE, in consideration of the premises and of the mutual cove-
nants and agreements of the parties hereto to be by them respectively kept and per-
formed, as hereinafter set forth, it is agreed as follows:
1. The State of Texas be and is hereby authorized to construct the street proj-
ect at the location and in the manner shown on the plans, attached hereto and marked
"Exhibit All and made a parthereof in all respects.
2. For and in consideration of the mutual covenants and agreements herein con-
tained, the City does hereby agree that all damages and claims for damages to adjoin-
ing, abutting or other property, if any there be, arisipg out Of, incident to, or in
any way connected with the installation, the construction, the use, the existence
Agreement (Highway Projects)
6-40-26?4
and/or the maintenance of said street project shall be adjusted and paid solely by
the City and the City shall and does hereby agree to hold harmless the State of 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 the ex-
istence and/or the maintenance of said street project, and agrees to assume the de-
fense 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 not already
made a party thereto, for the purpose, and shall if renuested in writing by the State
of Texas so to do, wholly relieve the State of Texas from defending the same, and
hereby agrees to hold the State of Texas harmless from all judgments, court costs,
attorneys fees and all expenses in connection with such suits.
3. As its contribution to the construction of the above mentioned street proj-
ect, the State agrees to prepare or provide plans and specifications, and supervise
construction thereof and to.pay all of the cost of the actual construction thereof.
4. 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 damage to,
or loss of property arising out of or in any manner connected with the maintenance or
use of the street project and the City will save the State of Texas harmless from any
damages arising from said maintenance and/or use of said street project.
5. It is understood and agreed between the parties hereto that the City, by
virtue of the provisions of its charter and the laws of the State of Texas, has ex-
clusive control of and jurisdiction of all streets and public ways within the incor-
porated limits of said City, and that the City has requested and has consented to the
construction of the street project hereinabove named, and the State, in the construc-
tion of the above named street project, does so at the special instance and request
of the City. The location, grades and manner of the construction being shown on
plans attached hereto marked Exhibit "A" and made a part hereof. The State Highway
Department of the State of Texas acts as the agent of the City in the construction of
the street project thereof.
6. Nothing in the agreement shall be construed to place any liability on the
City for personal injuries arising out of the construction of said street project.
Agreement (Highway Projects)
6-40-2674 2
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate on the day above stated.
ATTEST:
By)/
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Secretary for the City Mayo
APPROVED: STATE OF TEXAS
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Chairman, State Highway Commission By ........................ ..... . ...... . ... ...............
State Highway Engineer
.............. ........................ .....................- .......................-
Member, State Highway Commission
k"PROVED AS TO FORM: RECOMIJENDED FOR APPROVAL
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Attorneys for the City Chief Engineer, Construction and
Designs
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Assistant Attorney General
Agreement (Highway Projects)
6-40-2674 3