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MUNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR THE RECONSTRUCTION AND MAINTENANCE OF THE
PORTION OF U.S. HIGHWAY NO. 81 IN THE CITY OF GEORGETOWN
WI=AMSON, COUNTY, TMO.
RETTINAnOVE MIT= TO AS THE' STREET PROJECT AND AUTHORIZING THE MAYOR OF
THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL A14D ATTEST
THE SAME, A CERTAIN CONTRACT BETNEEN THE CITY AND THE STATE OF TEXAS PROVIDING
FOR THE INSTALLATION, RE CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE
SAID STREET PROJECTS FZR-M 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 THEREOFs AND DECLARING AN EMERGENCY AND PRO-
VIDING 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 Austin Street ( U.S. Highway 81)
from near San Gabriel River
e re constructs . Since the existing street constitutes a danger an serious in-
conve enoe to the public, it is urgently required to be remedieds and
WHEREAS, the city has requested the State of Texas to oontribute 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 nesessary funds for actual
construction;.,reconstruction and maintenances 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 oonneced with the installation, the re construction,
the existence, the u se 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 reconstructed.
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 a own on the plans, attaobbd hereto and marked "Exhibit A" and made a part
hereof in all respects.
SECTION 3. That nothing in this ordinance shall be donstrued to obligate
the State of Texas to pay any direct, incidental, or consequential damages to
adjoining, abuttingor 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.
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 demigges 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 re construction, existence, use and maintenance of said
street project and does here-Fy- agree to indemnify the State of texas against all
court cost, attorneys' fees and all expensed 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
damage to, or loss of property arising out of or in any manner connected with the
maintenance or use of the street projgot and the city will save the Sate of Texas
harmless from any damages arising out of said maintenance and for use of said street
project.
SECTION 6. The Mayor of the city be and is hereby authorized to execute