Ord 1660 9/14/1953a
ORMUNCE NO.16ft
MUNICIPAL ORDINANCE
(Construction, Reconstruction and. Maintenance)
AN ORDINANCE PROVIDING FOR THE CON
PORTION OFSTRICTTON ATtiID.iAINTETANCE OF THE
.�p.. HIGHv1fy No ......n. IN THE CITY
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......................_.......- .
�EInABQVE RF � rr _
T FILED TO AS THE STREET.........................►�..............................
PROJECT Ate AUTHORIZING THE MAYOR OF THE -.:
CITY TO EXECUTE AND THE C _.. .........
�.
CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE
SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING ATTEST
THE
INSTALLATION
; __ ....... CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET
i • FOR THE, INDEMNIFICATION OF THE STATE OF TEXAS 111MAGES TO ADJOINING, ABUTTING .AND OTHERPRO ' 13Y THE CITY AGAINST ALL
WITH ANY C L'�IM OR SUIT THEREOF: PERZy, AND FOR EXPENSES IN CONNECTION
WITH
SMALL BE EFFECTIVE • AND DECLARING AN;. EMERGENCY AND PROVIDING THAT THIS
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....Lvop..�,l...(.Bav*rly•-Dr1�r�a)...tr�r............. .
...Intersee.� an.11g h
be....._ ...constructed. 2Since t e..existing s- &�-e'tco......._...._................................................................
Since tfie existing street constitutes a clanger and serious In-
convenience to the public, it is urgently required to be remecied; and
WHEREAS, the city has requested the State of Texas to contribute
ly in the street project; and _financial_
WHEPaks.% the State of Texas has made it known to the city that it will
assist the city in the street project by furnishingthe necessary
construction, reconstruction and maintenance; and funds for actual
viding the city approves the plans ' y supervising construction, pro-
, grades and alignment for said,project; and
WHEREAS, the city, in consideration of the agrees to indemnify the State of Texas against all. providing of said project,
adjoining, abutting or other property for which the Statesisrliablee, for out
to
of, incident to, and in , arising out
tion, the existence, the anyonnected he
projecthor theopassag-
and enforcement of this ordinance. passage
NOW TMMMPE, BE IT ORDAIyM BY THE CITY COUNCIL:
SECTION I. That since the public convenience safety
city and the people of the city require it, said street shall bum necessity the
..i'!.. constructeto d.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon...,r*.construct and maintain the street project at the location and in the manner -
shown on the plans, attached hereto and marked. "Exhibit All andL-.made a part hereof
in all respects.
SECTION 3. That nothing in this ordinance shall be construed to obligate
the State of Texas to pay any direct, incidental, or consequential dam
adjoining, abutting or other property in enforcement oordHg°s to
reason of the installation, :,_5.�..construction, existence f thuses and
or by
the street project authorized herein. maintenance of
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10-43-1083
SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city does hereby agree to indemnify the State of Texas
damages and claims for damages to adjoining, abutting.,property
foragainst-all
the State of Texas is liable, arising out of, incidt to othernpany way for which
with the installation, the____eonstruction, existence, use �and maintenance cof said
street project and does hereby agree to indemnify the State of Texas against all
court costs, attorneys' fees and all expenses in connection with suits for such
damages, and shall, if requested to do so in writing, assist or relieve the State
of Texas from defending any such suits brought against it.
SECTION 5. Nothing contained herein shall ever be construed to place upon
the State of Texas arty manner of liability for injury
damages to, or lose of property arising out of or in to or death of persona or for
the
maintenance or use of the street project and the city will save the State ofer connectedtTexas
harmless from any damages arising out of said maintenance and/or use of said street
project.
SECTION 6. 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 this ordinancepurpose of carrying out the terms and s in the form attached hereto and provisions of
Secretary is hereby directed to attest the ma�?:od "Exhibit B". The City
proper seal of the city hereto. agreement and contract and to affix the
SECTION 7. The Mayor of the city, having requested in writing that this
ordinance take effect forthwith and there being in fact an emergeney and importive
necessity that the work herein provided for be begun and carried out promptly and
with °xPodition and that the contract aforesaid shall be immediately made, executed
and delivered to the end that such work herein carried out prom t p provided for may be begun and
s p IY and with expedition. The reading of the ordinance on three
several
dayhereby hereby dispensed with and the same shall be in full force and
effect from and after its passage.
WSED AIT APMWM thU the 14th day Ot S eAmber, A.D. 1953.
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STATE OF TEXAS =, 0
COUNTY OF -----
...Wichita.. ...... ..- 0
..................................... , the duly appointed,
qualified and acting city secretarf of the City of_•uiahi•#a..�'a1-l�...................... .
Texas, hereby certify that the foregoing ' .- '-- .- .--' �
y g ng Pages constitute a true and correct dopy
Of an ordinance duly passed by the City Council at a meeting held on ....'
.... .......
cx ,S-ate... .................................... , A.D., 19-53......... , at 8
.
o' clock M.
................
To certify which, witness W hand and seal of the City of
TEXAS, this due
th.......... day of ..................... ate.............. , 19-
Wichita...Patnap.............................. ...._ Texas .
i
............
cret.a... .
City S � -.-...:�.�--......:.. .
ry of the, City of
.......WiCIAU..Fa lsv� .......... Texas
Ordinance Mghway projects)
10-43-1083
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