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<br />Form 1002
<br />
<br />MUNICIPAL ORDINANCE No. 454
<br />(Construction, Reconstruction and Maintenance)
<br />
<br />AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE
<br />PORTION OF StateHIGHWAY NO. 225 . IN THE CITY OF LaPorte, Texas from 1st st. to
<br />k!!b st. and the portion of S. Hwy. 146 from E to G Streets. ,
<br />BEREIN@OyE.)REFERRED TO AS "THE STREET PROJECT" AND AUTHORIZING THE MAYOR OF THE
<br />CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE
<br />SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND '!'BE STATE OF TEXAS PROVIDING FOR THE
<br />INSTALLATION, RECONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE SAID STREEl'
<br />PROJECT; FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY, AGAINST ALL
<br />DAMAGES TO ADJOINING, ABUTTING AND OTHER ~OPERTY, AND FOR E)ql:ENSES IN CONNECTION
<br />WITH ANY CLAIM OR SUIT THEREOF; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS
<br />ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE.
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<br />WHEREAS, the public convenience, safety and necessity of the city, and the
<br />people of the city require that the portioreof state Highwav 22~ and 1h6
<br />
<br />be~constructed. Since the existing street constitutes a danger and serious in-
<br />convenience to the public, it is urgently required to be remedied: and
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<br />WHEREAS, the city has requested the State of Texas to contribute financial-
<br />ly in the street project; and
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<br />WHEREAS, the State of Texas has made it known to the city that it will
<br />assist the city in the street project by furnishing the necessary funds for actual
<br />construction, reconstruction and maintenance; and by supervising construction, pro-
<br />viding the city approves the plans, grades and alignment for said project; and
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<br />WHEREAS, the city, in consideration of the providing of said project,
<br />agrees to indemnify the State of Texas against all damages or claims for damage to
<br />adjoining, abutting or other property for which the State is liable, arising out
<br />of, incident to" and in any way connected with the installation, the~construc-
<br />tion, the existence, the use and maintenance of the street pr.oject or the passage
<br />and enforcement of this ordinance.
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<br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL:
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<br />SECTION 1. That since the public convenience, safety and necessity of the
<br />city and the people of the city require it, said street shall be_~constructed.
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<br />SECTION 2. That the State of Texas be and is hereby authorized to enter
<br />upon~construct and maintain the street project at the location and in the manner
<br />shown on the plans, attached hereto and marked "Exhibit A" and made a part hereof
<br />in all respects.
<br />
<br />SECTION 5. Tha~ nothing in this ordinance shall be construed to obligate
<br />the State of Texas to pay any direct, incidental, or consequential damages to
<br />ad,joining, abutting or other property in enforcement of this ordinance or by
<br />reason of the installation,~,construction, existence, use and maintenance of
<br />the street project authorized herein.
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