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Ord 1657 8/24/1953MUNICIPAL ORDINANCE (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRIECTION AkID_MA.INTENANCE OF THE PORTION OF .U.S.,. HMIIWrY NO...._21 71.IN THE CITY OF.....,Wi hita_.Falls................ ................... ._....... .......... _....._...._.....__....__......................... ........... ...... .... ......... ................................ ............... ............ .............................. _........ ---.s HEREINABOVE REFERRED TO AS "THE STREET PROJECT" AN'D 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 EISTALLkTION; __. _.R.eCONSTRUCTION MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET' PROJECT: FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF: AND DECLARING AN;- EMERGENCY AND PROVIDING THAT THIS ORDIP�'�NCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREEAS, the public convenience, safety and necessity of the city, and the people of tho city require that the portion of..U.S. 281 from its Junction with U.S. 82 and 287 to the South City Limits of Wichita Falls be ­_._ ­ . o on. structecl... .....Since tne..ex et ng ..street constittite-s, A­C1*ariger..and:. serl"ous...In- convenience to the public, it is urgently required to be remee�ied; and WIlP2EAS, the city has requested the State of Texas to contribute-financia1-- ly in the street project; and WHEREAS. the State of Texas has made it known to the city that it will assist the city in the street project by furnishing the necessary funds for actual construction, reconstruction and maintenance; and by supervising construction, pro- viding the city approves the plans, grades and alignment for said,- project; and WHEREAS, the city, in consideration of the providing of said project, agrees to indemnify the State of Texas against all damages or claims for damage to adjoining, abutting or other property for which the State is liable, arising out of, incident to, and in any way connected with the installation, the.._.re construc- tion, the existence, the use and maintenance of the street project or the passage and enforcement of this ordinance. 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 street shall be....re.constructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon__,re construct and maintain the street project at the location and in the manner shown on the plans, attached hereto and marked "Exhibit A" and --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 consequeniial damages to adjoining, abutting or other property in enforcement of this ordinance or by reason of the installation,:.___re.construction, existence, use and maintenance of the street project authorized herein. 1 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 against -all damages and claims for damages to adjoining, abutting, or other property for which the State of Texas is liable, arising out of, incident to, or in any way connected with the installation, the.Mgonstruction, existence, use and maintenance of 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 any manner of liability for injury to or death of persons or for damages to, or loss of property arising out of or in any manner connected with the maintenance or use of the street project and the city will save the State of Texas 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 purpose of carrying out the terms and provisions of this ordinance, in the form attached hereto and marked "Exhibit B". The City Secretary is hereby directed to attest the agreement and contract and to affix the proper seal of the city hereto. SECTION 7. The Mayor of the city, having requested in writing that this ordinance take effect forthwith and there being in fact an emergengy and importive necessity that the work herein provided for be begun and carried out promptly and with expodition and that the contract aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. Atte ✓ City Clerk Approved As To Form City Attorney. Y � 14ayor 2 10-43-1083 STATE OF TEXAS 0 COUNTY OF _....Wichita _.�,e I, .................................... ... ....... ..... ....... .... the dulyappointed,............... qualified and acting city secret of the City of....... Texas, Texas, hereby certify that the foregoing pages constitute a true and correct 3opy of an ordin ce duly passed by the City Council at a meeting held on _�............. 7,� . tA- ...................................................... ....... A.D., 19.53.......... , at ....1.1............. ......o clock ............... M. To certify which, witness W hand and seal of the City of Wichita Falls TEXAS, this due 5.........._...... day of ......... .......... ................ , 19-53...__, at Wi.chita.... Fa.11s .............. -- Texas. ............ ...... 7 C ty ecretary of ..... City of ......... ichita__Falls,_._.....__ Texas Ordinance Mghway Projects) 10-43-1083- 3