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HomeMy WebLinkAboutORD 02.25.1955 - Street ConstructionHUNICTPAL ORDINANCE (construction, L •. f andMaintenance) AN ORDINANCE PROVIDING FOR THE RECO31STRTJ7CTION AND PORTION OF U.S. HIGHKAY NOs 8181 IN THE CITY OF GEORGETOWN W117IAMSON, COUNTY, IT=* mb.�-Wlom THE CITY TO FMCUTE AND THE CITY SECRETARY TO AFFIX THE CORPOR THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF FOR THE INSTALLATION, RE CONSTRUCTION, MkIIMN.ANCE,, F ISTEN SAID STREET PROJECT s F OO T i INDF&UNI IFICATION OF THE STATE OF' AGAINST ALL DAMAGES TO .ADJOINING, .ABUTTING AND OTHER. PROPERTY, IN COt3IqECTION WITH ANY CLAIM OR SUIT THEREOFo A?zD DECLARING AN VIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER I public1VMREAS,4 the .n,-nience, safety and necessi the people of the city require that the portion of Austin S from near San Gabriel River IMF ♦ f ?. ♦ ♦ i L `• w 1T3?EREAS,the city has requested the State of Texas to ly in the street projeotsand 1THEREAS, the State of Texas has made it known to the e assist the city in the street project by furnishing the nesess construeta.on.areconstruction and maintenance and by supervisi viding the city approves the plans, grades and alignment for s Ii ERE.A , the city, in consideration of the providing o agrees to indemnify the State of Texas against all damages or adjoining, abutting or other property for which the Mate is of,incident toand in any way conneced with the installation, the existence, the u se and maintenance of the street project enforcement ofthis ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION if That since the public convenience, safety city and the people of the city require it, said street shall SECTION« of be and is herebyc if re constructand maintain the street project at c hereof SECTION 3. That nothing in this ordinance shall be the State of Texas to pay any direct, incidental, or conse • +► iiG : f • 6 • finstallation,� re construction, existence, use and C ill project authorizedherein* SECTION 4. For and in consideration of the mutual co- taincd, the city does hereby agree to indemnify the State of damages and olaims for damages to_adjoining, abutting, or oth the State of Texas is liable, arising out of, incident to, or with the installation, the re construction., existence, use a street project and does her6iy agree to indemnify the State o court cost, attorneys' fees and, all expensed in connection wi damages, and shall, if requested to do so in writing, assist of Texas from defending any, such suits brought against its SECTION 5s Nothing contained herein shall ever be con the State of Texas any manner of liability for injury to or d damage to, or lass of property arising; out of or in any mann maintenance or use of the street proj6ot and the city will_sa harmless from, any damages arising out of said maintenance and project. SECTION 6i The Mayor of the city be and is hereby a THE MAYOR OF SEAL AND .ATTEST NAS PROVIDING AND USE OF THE BY THE CITY, Ia FOR EXPENSES CERG3NCY AND PRO® PASSAGES the city, and { U f e Highv-a HE bute finanoialm that it will ,funds for actual construction, prove project; and a id project, aims for damage to ble, arising out e re constructions passagethe and necessityof o is f enter N sn and in the 11 n de a part f,ro.ued to obligate «damagesto nance or •........ xxnee of the nants herein conal xas against all property for which n any way connected maintenance of said. Texas against all suits for such relieve the State 11 rued to place • th of ;. . i or • connectedi the the State of Texas or use of said street zed to execute 95 -2- for and on behalf of the city an agreement 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 marred "Exhibit B". The Gity 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 im- perative necessity that the work herein provided for be begun and carried out promptly and, with expedition and that the contract aforesaid shall be innediately made, executed and delivered to the end that such work heroin provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and +.he same shall be in full force and effect from and after its passage. Passed and approved : This 25, day of February 1955 Attest ; '�. Cates City Secretary of City of Georgetown Texas. III