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lU0 0 12 tih <br />MtJNICTPAL ORUINANCE <br />(Construction, Reconetruction and Maintenance) <br />AN ORDINANCE PROVID G FbR THE CONSTRUCTION AND MAINTIlVANCE OF THE <br />PORTION OF HIGIiWbY NO.-,1.._ I1V THE CITY OF. <br />a z-t <br />. <br />_ <br />HEREINABOVE REFERRID TO AS "THE 5TREET PROJECT" AND A1T.PHORIZING THE MAYOR OF T <br />CITY TO EXECUrE AND THE CI'PY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE <br />SAME, A CERTAIN CONTRACT BL'P4M THE CIrl'Y AND TIiE STATE OF TEX,A..i PROVIDING FOR THE <br />IlVSTALIATION, CONSTRUCTION, MA.INTENANCE, ExISTffiNCE AND IISE OF THE SAID STRM <br />PFZOJECT: FOR 'IHE INDEMNIFICATION OF THE STATE OF TEXAS, BY TFIE CI'iTY AGAINST ALL <br />DAMAGES TO A:DJOINIlVG, ABt?rTING AND OTHER PROPER'PY p AND FOR EXPIINSES IN CQNNECTION <br />WITH ANY CIATM OR SUIT THERE4F: AND DECIARING AN EmERGENCY AND PROVIDING THAT THIS <br />ORAI;VANCE SHALL BE EFF'.E.'CTIVE FROM AND APTER ITS PASSAGE. <br />WHERF,AS, the Public convenience., safety an3 necessity of the city,. and the <br />people of tho city require that the portion of.. .;.1.~'..~.:..',...>:%'...~...~../~.-••--~"-~~----- <br />4.,~..._~.~5!n... .n~... ;.~f....T:~.:...:~.~"rit:.~:.~_Z~....Y.~...~.~c.~..`.~ <br />. <br />3~~eerious in- <br />be conruced. ince the 0xistin.g etreet cons~~tutea a~. er an <br />convenience to the public, it ie urgently required to be remedied; and <br />`S) the city has rAquested the 3tate of Texas to contribute financial- <br />wquwlpl <br />1y in the atreet project; and <br />WHEREAS~ the State of Texas has made it lznown to the city that it will <br />assist the city in the atreet pro,ject by furniahing the neceesary funde for actual <br />construction, reconatruction and maintenance; and by supervising conetruction, pro- <br />viding the city approves the plans, grades and alignment for esid project; and <br />WHEREA5, the city, i.n coneideration of the providing of said project, <br />agreea to indemnif`y the State of Texae against a11 damages or claim$ for damage to <br />adjoining, abutting or other property for which the State ie liable, arising out <br />of, incident ta, and in any way connected with the inetallation, the........... conetruc- <br />tion, the existence, the use and maintenance of the street project or the paseage <br />and enforcament of this ordinance. <br />NOW TfiEREF'ORE, BE IT ORDAINID BY THE C ITY C0UVC I L: <br />SECTION 1. That eince the public convenience, safety and necessity of the <br />city and the people of the city require it, said street shall be.......... constructed. <br />SECTION 2. That the State of Texae be axid is hereby authorized to enter <br />upon........ .construct and maintain the $treet project at the location and in the manner <br />shown on the plaxzs, attached hereto and maxked "Exhibit A" and made a part hereof <br />in a11 reapects, . . <br />SECTION 3. That nothing in thig ordinance ghall be construed to obligate <br />the State of Texas to pay any direct, incidental, or coneequen-1il damagoe to <br />ad,joining, abutting or othcr property in enforcement of this ord.inaT.zce or by <br />reason of the installation,..___._..construction, existence, use and maintenance of <br />the streEt pro,ject authorized horein. <br />1 10-43-10&3 <br />