1127 COP COMBINATION, CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE

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a 49ok ` Alft . MiTNICTFAL -ORDINANCE (Conetruction, Reconstruction and Vaintenance) AN ORDINANCE PR(3P2'DIlVG FOR THF CONSTRUCTION AND MAINTENANCE OF THE PORTIUIV` OF_ Stat_eHlGflWAY N0. ..24 IN 'IHE CITY OF Pa rie _ . . . . . . . . . HEREINAB(7VE REFERR~,'D TO AS "THE STREET PROTECT" AND AUTHORILING THE MAYOR OF THE CITY TO EXECTJ'rE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CQNTRACT BEPWEEN THE C ITY AND THE STATE OF TIIM PRCNIDING FOR THE INSTALIATION, CONSTRtTCTION, MAINTENANCE, EXI,STENCE AND USE OF THE SASD STREEI' PRQ7ECT; FOR THE INDEhIlVIFICATION OF THE STATE OF TIXAS, BY THE CITY, AGAINST ALL DAMAGES TO ADtTOINING, ABUTTING AND OTHER PROPFRTY, AND FOR EXPENSES IlV CONNECTIOIV WITH ANY CIAIM OR SUIT THEREdF; AND DECLARING AN EMERGIIVCY AND PROPIDING THAT THIS ORDINANCE SHALL BE EFFEC2'NE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and neceaeity of the city, and tha peopl6 of the city require that the portion of _State Ag.hwa.y-24 .(as- afinmn-on.-tla-. - serioue in be constructed. Since the exieting etreet conetitutes a danger and - _ convenience to the public, it ie urgently required to be remedied; and WHEREAS, the city hae requeatdd the State of Texae to contribute finsncial- ly in the etreet project; and WHEREAS, thd Statd of Texas hae made it known to the city that it will assist the city in the etrdet pro,ject by furniahing the neceesary funds for actual construction, reconstruction and maintdnance; and by eupervising conatruction, pro- viding the city approvae the plane, gradee and alignment for said project; and WHFREA,S) the city, in conaideration of the providing of eaid por,ject, agrees to indemnify the State of Tbxae againet all damagbs or claime for damage to ad,joining, abutting or other property for which the State is liable, ariaing out of, incident to, and in any way connected with the install.ation, the __conetruc- tion, the exiatence, the uee and maintenance of the street project or the paasage ar.d enforcement of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. That since the public eonvenience, eafety and neceeeity of the city and the people of the city r9quire it, said atreet ahall be _constructed. SECTION 2. That the State of Texae be and is hereby authorized to enter upon _ conetruct and naintain the street project at the location and in the manner ehown on the plane, attached hereto and marked "Exhibit A" and made a part hereof in all respecte. SECTIOTd 3. That nothing in thie ordinance shall be construed to obligate the State of Texae to pay any direct, incidental, or coneequental damages to adjoining, abutting or other property in en#'orcement of thie ordimmnce or by reason of the installation, _ _conatruction, existence, uae and maintenance of the etreet project authorized herein. 10-43-1083 1