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<br />. ... . <br /> <br />''':f' <br /> <br />. <br /> <br />. <br /> <br />r/r..--. <br /> <br />- <br /> <br />SECTION 4. For and in considerat1on of' 'the mutual ccmenant'S-1lere1n-cmr-:"'--" <br />tained, the city does' hereby agree to indemnify the State of Texas agains~,all <br />damages and claims for damages to adjoining, abutt1118, or other property for which <br />the ~tate of Texas is liable, arising out of, incident to, or in any way' connected ' <br />" with the installation, the........construction, existence, use and maintenance of said <br />street project and does hereby agree to indemnify the State of Texas against all <br />CO\~t costs, attorneys' fees and all expenses in connection with suita for such <br />damages, and shall, if requested to do so in writing, assist or relieve the State <br />of Texas from defending any such suits brought' against it. <br /> <br />SECTION 5. Nothing contained herein shall ever be construed to pMce upon <br />the State of Texas any manner of liabIlity for injury to or death of persons or for <br />damages to, or loss of property arising out of or,in any manne~ connected with the <br />maint~nance or use of the street proJect and the city w~ll save the State of Texa~ <br />harmlees from e:n.y damages arising Qut of said ma.i.ntoDance and/or use 'of aa!: street. <br />proJect. . <br /> <br />e <br /> <br />SECTION 6. The Mayor of the city be and is hereby authorized to execute, <br />fol' and on behalf of the' 01 ty an agreement and contrax:t with the State of lJ:'exas in <br />rlc'~ordance-'"With and' f'or' the 'purpose of carrying out the terms and provisions of <br />this ordinance, in the form attached hereto and marked "Exhibit B". The City <br />Secretary is hereby directed to attest the agreement and contract and to affix the <br />proper seal of the city hereto. ' <br /> <br />,,....-.... <br /> <br />SECTION 7.: The Mayor of the city, having requested in writing that this <br />o~iinance take effect forthwith and there being ir. fact an emergency and imperative <br />necessity tha.t the work herein provided for be begun and carried out promptly'and <br />wi'~h expendition and that the contract aforesaid shall be immediately made, executed <br />anel delivered to the end that. sucll work herein providaifor may be begun and <br />caJ:'ri":.ed out promptly and. with expedition. The reading of the ordinance on three <br />seyeral days is' hereby dispensed with and the same shall be in full force and <br />effec~ from and after its passage. . <br /> <br />Pa,ssed on this the ~dayl of April, A.D. 1952, by a vote of i, <br /> <br />() <br /> <br />B\V'es and <br /> <br />n~. <br /> <br />APPROVED BY THE MAYOR PRO-TEM and attested by the City Clerk on said <br /> <br />date. <br /> <br />" <br /> <br />e <br /> <br /> <br />.{!/J!:~~ <br /> <br />.......;: <br /> <br />~!"'~~ '7.1,> <br />_ v. <br /> <br />::.\ ":~, l:;~,.~ <br /> <br />...~~, :'.:". . '?~;: "or'-. ' <br />~ '-' ,_...~... ...~. ~ <br />.";.A~~.::~_r ~..E. <br /> <br />- . "., <br />.~ ~ .~:..:..'; .~~. <br /> <br />2 <br /> <br />10-43-1083 <br />