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<br />MUNIC IPAL ORDIPIANCE
<br />(Construction, Reconetruct3on and Maintenance)
<br />AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AIVD MAINTEPIANCE OF THE
<br />PORTIOr1 OF _ S HIGAWAY id0. 2¢ In1 THF C I'I'Y OF _~~9KLS_ . . _ _ . _ _
<br />HEREI"idABOUE REFERRED TO [LS "THE' STREET PROJECT" AP1D AUI'HORTLING TIiE MAYOR OF THE
<br />CITY TO DCECUTF AND THE CITY SE~RETARY TO AFFIX THE CORPORATE SI+AL AND ATTEST THE
<br />SAtdE, A^ERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXA.S PROti IDIPIG FOR THE
<br />INSTALIATION, CONSTRUCTION, MAINTETZANCE, EXISTENCE A.ND USE OF TFE SAID STREET
<br />PRQTECT; FOR T F' IIVDEMNIFICATION OF TIiF STATE OF TEXAS, BY THE CITY, AGAIr1aT ALL
<br />D[1MA['a~.',.~° TO ADTOINING, ABUTTING AlID OTHER PROPE'RTY, AND FOR EXPENSES IN CO"1?VECiI0i1
<br />WITH ANY CI,A.IM OR SUIT THCREOF; AND DECIARIM AN L+'1`1CY AND I?ROVIDING THAT THIS
<br />ORDINANCE SHALL BE EFFECTNE FROM AND AFTER ITS PASSAGE.
<br />WHEREAS~ the public convenience, eafety and neceseity of tha city, and the
<br />people of the city requirr; that the por.tion nf
<br />~AS Sfs~O /YN 4M. ZHE. ~4Z"L4.G.Ye,0 PG4 NS,)
<br />be conatructed. SincE the exieting street conetitutee a danger and serioua in-
<br />convdnience to the public, it ie urgently required to be rdmedied; and
<br />WHERF'~AS, the city hae requeetdd the St,atei of Texas to contribute finsncisl-
<br />ly in the street pro,ject; and
<br />WHEREAS, the Statd of TexaA hae made it known to the city that it will
<br />aseiet the city in the street project by furniahing the neceaeary funda for actual
<br />coz ruction, reconetruction and mai.ntunance; a nd by euperviaing construction, pro-
<br />vidinw, the city approvea the plsne, gredea and alignment for said proje.^,t; and
<br />WHERF,AS, thti city, in coneideration of the providing of eaid porjdct,
<br />agreee to indemnify the Stato of TF:xae againet a11 damagbs or claime for damag6 to
<br />adjoining, abutting or other property for which the State is liable, arieing out
<br />of, incident to, and in any way connected with the installation, the_.- conetruc-
<br />tion, the existence, the uee and maintenance of the street p.roject or the passage
<br />and enforcement of this ordinance.
<br />NOW THER~,'FORE, BE IT ORDAINED BY ^1HE CITY COUNCIL:*'~
<br />SECTION 1. That since the public convenience, safety and neceseity of the
<br />city and the people of the city require it, esid street ehall be ___conatr.ucted.
<br />SECTION 2. That the State of Texae be and is hereby authorized to enter
<br />upon conatruct and main+,.siri the street pro,ject at the location and in the manner
<br />ehown on the plane, attached hereto ancl marked ".Exhibit A" and made a par.t her.eof
<br />in a11 reflpecte.
<br />SECTION 3. That nothing in this ordinance shall be construed to obligate
<br />the Stste of Texas to pay any direct, incidental, or conaequental damagea to
<br />adjoining, abutting or other proporty in enforcement of this ordinance or by
<br />reason of the inetallation, _construction, exiatence, uee and maintenance of
<br />the street project authorized h6rein.
<br />10-43-1083 1
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