Ord 1517 5/15/1950 MUNICIPAL OR INANCE No, 1517
(Construction, Reconstruction and Maintenance)
ORDNANCE PORTION OF IHIGHWAY NO.DI '!.IN THE U FOR THECOOS G NNW Dy�ffENANCE OF THE
HEREINABOVE REFERRED TO AS "THE STREET PRO JEC I T AND AUTHORIZING THE MAYOR OF THE
CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIK THE CORPORATE SEAL AND ATTEST THE
SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND HE STATE OF TEXAS PROVIDING FOR THE
INST.ULATION, __ PACONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET
PROJECT: FOR TEE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY AGAINST ALL
DAMA(ZS 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
ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER I S PASSACiF.
WHEREAS, the public convenience) saf ty and necessity of the city and the
people of the city require that the ortion of 5th Street, from Van Buren atreet to.
the West City bimits of Wichita Falls
be reconstructed. Since the existing street constitutes a danger and serious in-
convenience to the public, it is urgently req fired to be remedied; an
WHEREAS, the city has requested the tate of Texas to contribute financial-
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 an alignment for said project; and
WHEREAS, the city, in consideration f the providing of said project,
agrees to indemnify the State of Texas against all daunages or claims for damage to
ad,jeining, abutting or other property for whi h the State is liable, arising out
of, incident to, and in any way connected witli the installation, the..reconstruc-
tion, the existence, the use and maintenance f 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 _reconstructed.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon _....reconstruct and maintain the street pr eject at the location and in the manner
shown on the plans, attached hereto and marke "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 consequental damages to
adjoining, abutting or other property in enforcement of this ordiancne or by
reason of the installrallation, 21constructi n, existence, use and maintenance of
the street project authorized herein.
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SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city does hereby agree to indemni the State of Texas against all
damages and claims for damages to adjoining, a utting, or other property for which
-the State of Texas is liable, arising out of, 'neident to, or in any way connected
with the installation, the .reconstruction, exi tence, use and maintenance of said
street project and does hereby agree to indemn fy the State of Texas against all
court costs, attorney's fees and all expenses 'n connection with suits for such
dammages, 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
Lmintenance or use of the street project and the city will save the State of Texas
har-r,lless 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 os 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 emergency and inperative
necessity that the work herein provided for be begun and carried out promptly and
with expedition and that the contract aforesaid shall be imn.ediately made, executed
and delivered to the end that such work herein provided for nay 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.
PASSED AND APPROVED THIS THE 15th day of May, 1950.
Mayor
City Cleric a
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