Ordinance No. 48•
't
ORDINANCE NO. 148
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE
OF THE PORTION OF STATE HIGHWAY NO. 146 IN THE CITY OF BAY -
TOWN, HARRIS COUNTY, TEXAS, HEREINABOVE REFERRED TO AS "THE
STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE CITY TO
EXECUTE An!D 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, CONSTRUC-
TION, MAINTENANCE; EXISTENCE AND USE OF THE SAID STREET PRO-
JECT: FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE
CITY AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER
PROPERTY, AND FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR
SUIT THEREOF: AND DECLARING AN EMERGENCY ANDi PROVIDING THAT
THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the public convenience, safety and necessity of the city, and the peo-
ple of the city require that the portion of S. Hwy. 146 from legal south City limits
to Goose Creek Stream and Spur 201 between legal City limits and Sta. 27000 be
® constructed. Since the existing street constitutes a danger and serious inconvenience
to the public, it is urgently required to be remedied; and
WHEREAS, the city has requested the State of Texas to contribute financially 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 actual construc-
tion, reconstruction and maintenance; 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 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, arising out
of,
incident
to, and
in any way connected with the
installation, the construction,
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:
SECTION 1. That since the public convenience, safety and necessity of the city
and the people of the city require its said street shall be constructed.
SECTION 2. That the State of Texas be and is hereby authorized to enter upon
construct and maintain the street project at the location and in the manner shown on
the plans, attached hereto and marked "Exhibit All and made a part hereof in all respects.
SECTION 3. That nothing in this ordinance shall be construed to obligate the
® State of Texas to pay any direct, incidental, or consequential damages to adjoining,
abutting or other property in enforcement of this ordinance or by reason of the in-
stallation, construction, existence, use and maintenance of the street project
authorized herein.
0 SECTION 4. For and in consideration of the mutual covenants herein,contained,
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 in-
stallation, the construction, existence, use and maintenance of said street project
and does hereby agree to indemnify the State of Texas against all court costs, attor-
neys' 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 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
® damages 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. 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 B11. 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 expendi-
tion 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.
ATTEST:
Edna Oliver, City Clerk
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J. A. Ward, Mayor
STATE OF TEXAS
COUNTY OF HARRIS
I, EDNA OLIVER, the duly appointed, qualified and acting City Secretary
of the City of Baytcwra, Texas, hereby certify that the foregoing pages cons-
titute a true and correct copy of an ordinance duly passed by the City Council
at a meeting held on May 11th, A. D., 191 9,. at 7:40 o'clock P. M.
To certify which, witness my hand and seal of the City-of Baytown, Texas,
this due 11th day of Bay, 199, at Baytown, Texas.
-3-
d,� cao_�_
City Secretary of the City of
Baytown, Texas