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Ord 1290 9/18/1939 ORDVANCE M- 1290 AN OTMyAr =Z y-ROVIDIM IrOR 77 RECONSTRUCTION ArD YAINTMAW'f", OF TFE U, S, HICFTAy M, 82 IN -ITTF c' '17BREINAPM RT' qF PC RTICY OF CITy, OF WICIjITA FALT-,, __TM -D IZING TfM 1AYOR CF TM CITY TO EXEC= AND To As In ri, "STR 7-VT PROJECT" AND AUTHOR FRTAX TFIE CITY S73CR79TARY TO A,""IX M CORMHATE SFAL AND AMST VY '�AME,, A CE CONTRACT BETTMEN THE CITY AND TTRK STATE OF TEW PROVIDING FOR THE TNSTALLATIONt C STRDMCp,- -7 N-,M1ANCE OF :�AID STREET PROJECT; IM 2M ON _XISTZNCE, TER AND YAD 7R TAMINTs BY THE STATE OF T7XAS, OF T-Tr, CC)MTMMON COSTS OF SAn STR V Pffin"t FM V-2, ASSMEMCN, BY THIE CITY9 OF ALL DM(]ES To ADJD'MMV ABVMNG AND OTHM, pROPFIM AND BUSIN'EM AND TO TENANT OR OCCMNT T'MRM?# FCR M? .111ROTEMON 07 MIE V TMON VITH ANY CL&D," STATE OF VMS AGAINF2 ALL SUC71, T)A:- A(MS AND M(PEM7-'_J IT' CO "� OR SUIT TMERTEOP; TOR 1-TE VAIN"MIAIM OF TTE STR' IT PROJECT; AIM PROMINC MAT 7-, - A7 �M'urfi,%ZCE STI&LL rJE En7CTM VROV. AFTER 17S, PASSAM- THMIM, the public convenience,, safety and necessity of the Citl?t and the people of the City require that the portion of the cityte streets from Lamar Street to junction with present'llighray (U.S.) 82 and 2" be reconstructed, Since the existing street constitutes a danger and serious Inconvenience to the public which is urf-ently required to be remedied* and MR!',:AS, the City has requested the State of Tema to contribute financial aid in the street project; and THMAS, the State of Texas has made it knovm to the City that it will assist the City in the trreat project by furnishing the DOCessury funds far the actual construction or reconstruction; and by supervising constructions Providing the City approves the plans, grades and alignment for said projects and after completion of the stroet projeott maintains said street project at its 0010 ex- pense and cost; and VJMAS, the City in consideration of the providing of said project, agrees to protect the State of Texas from any and all liability and all damages to adjoining and abutting property or othe property or business or to any tenants occupying such propertye caused by the installation, the constructiont the sage and existence, the use and the maintenance of the street project or the pas enforcement of this ordinance. NOW, M1m_T-,-;TRE, TIE IT ORMIT,77D BY T.tTEE CITT COUNCIL: Section 1, That since the public convenlen�­es safet - and necessity of the City and the people of the City rquire its said street shall be reconstructs&, Section 2# That the State of Texas be and in hereby authorized to con- struct the street project at the location and in the manrer shovm on the planes a-!,tached hereto and marked "Exhibit A* and made a part hereof in all respects, Section 2, That nothing in this ordinance shall be construed to require the State of Texas to assume or pay any direct, incidental or consequential damages to adjoining, abutting or other property or business or to any tenants Occupying adjoinin,gs abutting or other property caused by, Incidental to, or in anf"onnected with the pasW.,e and enforcement of this crdinance and/or by the installation, the construction, the use and/or the maintenance of the stre-,t project authorized herein, or to defend any suit or wilts which ray be brought against the State of Texas by any party or parties for the recovery of any such demageso Section 4, For and in consideration of the mutual covenants herein Con- tained, tile City does hereby a g.ree that all damages and claims for damagoso in- cluding damages to adjoining, abutting or other property, if any there bev arising out of, incident to, or in any my connected with the installation, the construction, the use, the existence, and/or the maintenance of said street projects shall be adjusted and paid solely by the City and the City shall and does hereby agree to hold harmless the State of Texas against any and all claims, demands and causes of action for the recovery of any and all such damages &rising out of the installations the construdtion, the use, the existence, and/or the maintenance of said street project, and agrees to assume thr, defense of any and all suits brought for the recovery of all alleped dama�res, and shall intervene and make itself a party there- in in its own name, if it is not already made a party thereto, fbr the purpose, and shall if requested in writing by the 13tato of Texas so to dc wholly relieve t1V State of Texas frow. defending the Lare, and hereby arTees to hold the State of Texas harmless as to court costs, attorneys fees and all expenses in connection witb such suits and hereby assumes and sprees to pay all judgments recovered against said State of Texas by reason of the construction, the installa- tion, the use, the existence, and/or the maintenance of said street project* t;ectlon 5& That t`0 City will maintain or cause to be "aintained the street project, The City assumes the entire responsibility of such Maint�enance as above described, and nothing contained herein shall ever be State of Texas any manner of liability for construed to Place upon the o Injury to or death of persons or for damage to, or 1088 of property arising Out of or in any manner connected with the raintenance or use of the at project and the City will sa rest vc the State of Texas hannless from any dam arising out Of said main�enance and/or the use of said street project ages Section 6. That the Yayor of the City be and is hereby authori ed to execute for and on behalf of the City an afTeSment and contract Idthz the State of Nxas in ac�-ordance with and for the purpose of carrying out the terrA and provisions of this ordinance* in the form attached hereto and narked "Exhibit B." The Git�� - I 6eoretary is -�her-eby. direated to attest the a(-reer*.nt and ccntract and to affix the proper seal of the City hereto. Section 7. That tbD State be and Is hereby authorized,, as agent Of the Cit:�, to construct said Project at the locations to the grade and in the manner as shown In Exhibit "A." PA.S'M A: D APPROVED this the 18th day Of Saptem-ber, A. D. 11,139. Irayor CitY Clerk Note: 1 1,1xhibit "A" and .Fxhibit "B" filed in Leral File, File NO. 463* ORDIMNCE NO. 1290 AN ORDI�ANCE PROVIDIEG tUl� THL1i R!,eCOMTRUCTION Ai,,D 1AINTENANCE OF 'ITIE PORTION OF U. S. HlGhV-A�[ NO. 82 IN iflE CITY OF �ViChiTA FALL� I To AS ME IISTREET PROJECT" AT,D AUT11ORIZING THE hAYOR cii T�Ue ClTY TO E_�EICU`EE AND III-Ei CITY SECRETARY TO AiiIX THE CORi'OHATE SEAL AND ATTEST TTIE SlAh'IE, A CERTAIN CONTRACT BETVZEN THE CITYMD THE S,11ME OF TE.&AS PROVIDING FOR *I:IfE INSTAIJk2ION, CO!,',STR'UCTIOh, EMISTENCE, USE AND 1,7AM'a�LXE OF FIAID STREET PROJECT; FOR TiE PAYI�,IINT, BY 'JA-JE STAIE Of Tl'�XAS, OF TsT,0 GORSMUCTION COSTS OF SAID STR.KET PROJECT; FOR IHE ASSU,-IPTION, Bf THE Cfff 3 OF ALL DAIVAGES 110 A:DJM�11,!G, ABUTTING AND OTHER PROPERTY 1U1,-D BU�'I1,,ESS Ai�d) TC, TE OR OUCUPANT TnL_71�E&P ; 111�OR THE' PROTE CTION OF T11E --T ALL SUCtT DAi.'; W],S la�D EXPEESES I��Ii CO1,LECTIOA VdITH ANY CLAIM STATE 01' T1,,XkS AGAINS A OR'SUIT THEREOF; FOR 'Jl� MAIM'ENANCE' OF TIE STRFET PROJECT; AND PROVIDING T11AT THIS ORDINANCE STIALL 13E EFFECTIVE FROY AiND AFTER ITS PASSACEf . MEREAS', the public convenience, safety and necessity of the Citv, and the people of the City require that the portion of the city's streets from Lamar Street to junction with present Highway (U.S.) 82 and 277 be creconstructed. Since the existing street constitutes a danger and serious inconvenience to the public which is urr-ently required to be remedied, and WhWIREASS, the City has requested the State of Texas to contribute financial aid in the street project; and MM'REAZ, the State of Texas has made it known to the City that it will assist the City in the -7 trreet project by furnishing the necessary funds for the actual construction or reconstruction; and by supervising construction, providing the City approves the plans, grades and alignment for said project, and after completion of the street project, maintains said street project at its sole ex- pense and cost; and WHEREA3, the City in consideration of the providing of said project, agrees to protect the State of Texas froln any,and all liability and all damages to adjoining and abutting property ojr ,other property or business or to any tenants occupying such property, caused by the installation, the construction, the existence, the use and the maintenance of the street project or the passage and enforcement of this ordinance. NOW, THEREPYORE, BE IT GRDAIULM BY THE, CITY CM�CIL: Section 1. That since the public convenience , safet-, 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 con- struct the street project at the location and in the manner shown on the plans, af.�ached he�eto and marked "Exhibit All and made a part hereof in all respects. Section 2. That nothing in this ordinance shall be construed to require the State of Texas to assume or pay any direct, incidental or consequential damages to adjoining, abutting or other property or business or to any tenants occupying adjoining, abutting or other property caused by, incidental to, or in anY79onriected with the passage and enforcement of this ordinance and/or by tl-B installation, the construction, the use and/or the maintenance of the street project authorized herein, or to defend any suit or suits which may be brought against the State of Texas by any party or parties for the recovery of any such damages. Section 4. For and in consideration of the mutual covenants herein con- tained, the City does hereby agree that all damages and claims for damages, in- cluding damages to adjoining, abutting or other property, if any there be, arising out of, incident to, or in any way connected with the installation, the construction, the use, the existence, and/or the maintenance of said street project, shall be adjusted and paid solely by the City and the City shall and does hereby agree to hold harmless the State of Texas against any and all claims, demands and causes of action for the recovery of any and all such damages arising out of the installation, the construdtion, the use, the existence, and/or the maintenance of said street project, and agrees to assume the defense of any and all suits brought for the recovery of all alleged damaFes, and shall intervene and make itself a party there- in in its own name, if it is not already made a party thereto, for the purpose, and shall if requested in writing by the Sitate of Texas so to do wholly relieve the State of Texas from defending the same, and hereby agrees to hold the State of Texas harmless as to court costs, attorneys fees and all expenses in connection with such suits and hereby assumes and agrees to pay all judgments recovered against said State of Texas by reason of the construction, the installa- tion, the use, the existence, and/or the maintenance of said street project. �:iection 5. ihat tile City will maintain or cause to be rnai itained the street project. The City assumes the entire responsibility of such maintenance as above described, and 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 damage to, or Ioss of property arising out of or in any manner connected with the, maintenance or use of the stree� project and the City wil-I save the State of Texas harmless from any damages arising out of said main4�enance and/or the use of said street project. Section 6. That the Yayor of the City be and is hereby authorized to execute for and on behalf of the City an a,7reement 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 ae,reement and contract and to affix the proper seal of the City hereto. Section 7. That tba State be and is hereby authorized, as agent of the CitY, to construct said project at the location, to the grade and in the manner as shown in Exhibit "A." IT M this the 18th day of September, A. D. 1939. PASSED A'�D kPPROVE Yayor :AIMST: City Clerk Note: Exhibit "All and Exhibit "B" filed in Lepal File, File No. 463.