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MUNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenance)
AN ORDINANCE P1?0V"IDING FOR RECM.'STR 1CTI0N APiD P,IAINTEidAVCE OF TILE
PORTION OF ST. HIGR7iAY NO. 29 IN THE CITY'OF GEORGETOWN
sR i A 0 v IRP. TO AS T E STREET ROU ECT" ZFD AUTIORIZIMTHE FIAMOR
THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND
ATTEST THE SAP,IE, A CERTAIN CONTRACT BETVIEEN THE CITY AND THE STATE OF TEXAS
PROVIDING FOR THE INSTALLATION, RE CONSTRUCTION, AAINTENANCE, EXISTENCE AND
USE OF THE SAID STREET PROJECT: OR THE II.DEPu�IIFICATION OF T?iE STATE OF TEXAS,
BY THE CITY, AGAINST ALL DAIW ES 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 ORDINAPTCE SHALL BE EFFECTIVE FROM AND
AFTER ITS PASSAGE.
WITMAS, the public convenience, safety and necessity of the city,
and the people of the city require that the portion of St. Highway 29 along
Twelfth Street from the Nest City Limits of Georgetown to the Zast Ulty Lim
of Georreetam, be re constructed. Since the existing street constitutes a
danger serious incon�renience to the public, it is urgently required to be re-
medied= and
WHEREAS, the city has requested the State of Texas to contribute
financiall-* in the street project; and
INHEREAS, 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
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
construction, the existenee, the use and maintenance of the street proieaTor
the passage and enforcemnet of this ordinance.
NOVI THEREFORE, BE IT ORDAINED BY THE CITY COUNCILS
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
oonstructed.
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 ob-
ligate the State of Texas to pay any direct, incidental, or consequential 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�ierein.
SECTION 4. For and in consideration of the mutual covenants herein
contained , 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 re construction, existence, use
and na:intenance of said street project and does hereby agree to indemnify the
Mite of Texas against all court costs, attorney's 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 bB the street project and the city will
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