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Ord 1979 2/26/1962ORDINANCE NO. 1979 MUNICIPAL ORDINANCE (Construction and Maintenance Agreement) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF F.M. ROAD NO. 171 (JEFFERSON STREET) IN THE CITY OF WICHITA FALLS, BETWEEN THE FOLLOWING LIMITS, TO-WIT: FROM LOOP 165 TO N. E. CITY LIMITS, HEREINAFTER REFERRED TO AS “THE PROJECT” AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND 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 CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF SAID PROJECT; AND DETERMINING THE LIABILITIES AND RESPONSIBILITIES OF THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO; AND DECLARING AN EMERGENCY AND PROVIDING THAT THE ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the City, and the people of the City require that the portion of F.M. Road No. 171 from Loop 165 to N. E. City Limits be constructed, since the existing condition constitutes a serious inconvenience to the public, which it is urgently required to be remedied; and WHEREAS, the City has requested the State of Texas to contribute financially in the project; and WHEREAS, the State of Texas has made it known to the City that the State will assist the City in the improvement and maintenance of said project, providing the City approves the plans for said project. 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 it, said project shall be constructed. SECTION 2. That 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 B. The Mayor of the City is further authorized to approve and sign the detailed plans for construction of the project or any section thereof when and as such plans are completed and prior to award of construction contract by the State. The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the city thereto. SECTION 3. That the State of Texas be and is hereby authorized to enter upon and construct the project at the location and in the manner shown on the plans to be approved by the Mayor and attached hereto, marked “Exhibit A”, and made a part hereof in all respects, and to maintain such project all as is provided in the agreement hereto attached. SECTION 4. The fact that there is an imperative necessity that the work provided for in said contract be begun and carried out promptly, and that such contract should accordingly be forthwith executed, creates a public emergency requiring that this ordinance be passed finally on the date of its introduction, and the Mayor having in writing declared the existence of such emergency and requested such passage, this ordinance shall be passed finally on the date of its introduction, this February 26, A.D. 1962, and shall take effect immediately upon its passage and approval by the Mayor Protem. Al T. Witcher Mayor Protem ATTEST: A. L. Fitts City Clerk ORIGINAL SIGNED ORDINANCE NO. 1979 ON FILE IN CITY CLERK VAULT