1226 ORD MUNICIPAL ORDINANCE PROVIDING FOR CONSTRUCTION AND MAINTENANCE OF PORTION OF HIGHWAY NOS 82, 271 AND 24

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The City agreee to eaecute all work,- either construation or mintenance., at its awn coet and ezpenee, shown on the plans, which is or may be indicated on such p]ane ae-the reaponsibility of the City. The City agreee to indemnify the State aSainst any and all dame,gee and c]aims for dama.ge to adjoining, abutting or other property for which the 8tate is or ma.y be liable arising out of, incident to or in any way cormected with the installa- tion, the construction, the existence, the use and/or ma.intenance of euch street project and doeB hereby agree to indemnify the Sta,te agZinst any and all court costa, attorneys' fees and all eapeneee in connection with euite for such dama,ge and shallY if requested to do so in writing, assigt or relieve the State from defending ar~p such suits brought ag,inet it. Nothing herein cvntained ahall be conetrued to place upon the State ar~y ma,nner of liability for injury to or dee,th of persone or for da.mage to or losg of property ariaing out of or in axy mann.er connected with the mintenance or use of the street project and the City will save the State harmlees from any damagee arising from said ma,intenance and/or uee of said street project. It is understood and agreed between the partieB hereto that the City by virtue of the provisions of its charter and the la.ws of the State of Texas has egclueive control of and jurisdiction over all streete and public ways within the incorporated limits of euch city andthat the City ha.s requeeted and consented to the conetruction of the above street project hereinabove named and the Sta.te in the conatruction oP the above street project does so at the gpecia.l inatance a.ud request of the City. The location, gradee and ma.nner of conatruction ehown on the pl.e.ns attached hereto and marked "Eghibit A" are ma.de a part hereof. In caee of conflict between thie agreement and. eaid plans., the plane sba,ll govern. Nothing in thie agreement ehall be corrstrued to place any liability on the City for personal injury arising out of the conetruction of euch street project. It is underetood and agreed between the partiee hereto that all obligation of the State., created herein., to ma,intain the herein above deecribed street proj- ect she,ll end and terminate if and When the State ehall aba.ndon, cancel or re- locate euch designation. It is further understood and agreed between the pe,rties hereto that the improvement and/or ma,intena.nce oY the above project by the State ie for the eole purpoee of providing the travelling public a more adequate travel facility arid she,ll never be the basis of any cla.im for State aeevmption, or participation in the payment,, of anp of the obligELtions of the City incurred in the improvement, pa8t or present, of ar~y street project. 3 M-9-45-937 D-8