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HomeMy WebLinkAbout0034_3333 MUNICIPAL ORDINANCE ✓ (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF STyTE HIGHWAY NO. 104 IN THE CITY OF GEORGETOWN HEREINABOVE REFE.�RED TO AS "THE STREET 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 BETdEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION, RECONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STRAET PROJECT: FOR THE INDEI+ IIFICATION 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 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 State Highway 104 be reconstructed. Since the existing street constitutes a danger and serious inconvenience to the public, it is urgently required to be remedied; and WHEREAS, the City has requested the State of Texas to contribute financially 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, providing the City approves the plans, grades and alignment for said project; and "HEREAS, 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 reconstruc- 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 I. 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 II. That the State of Texas be and is hereby authorized to enter upon reconstruct 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