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<br />- " . .,"\ <br />_I ' <br /> <br />.....-. ;' <br />..~/". <br /> <br />,. <br /> :. <br />" .~- <br /> <br />,,-----, <br />/ -, <br /> <br />e <br /> <br />, <br /> <br /> <br />.'- \ <br />'e-\' <br /> <br /> <br />-.~-_.-- ~ <br /> <br />. <br /> <br />. <br /> <br />ORDINANCE NO. <br /> <br />487 <br /> <br />AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF <br />STATE HIGHWAY NO. 146 IN THE CITY OF LA PORTE TEXAS FROM STATION 847,449.2 TO <br />STATION 654}.04.2. HEREINAFTER REFERRED TO AS 'ITHE STREET PROJECT" AND AUTHORIZ- <br />ING THE MAyOR OF THE CIty TO EXECUTE AND THE CITY SECRETARY TO AFFIX T6E CORPOR- <br />ATE SEAL AND ATTEST THE SAME. A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE <br />OF TEXAS PROVIDING FOR THE INSTALLATION. RECONSTRUCTION. MAINTENANCE. EXISTENCE <br />AND USE OF T'HE SAID STREET PROJECTi FOR THE INDEMNIFICATION OF THE STATE OF TEXA . <br />BY THE CITY.' AGAINST AU DAMAGES TO ADJOINING. ABUTTING AND OTHER PROPERTY. AND <br />FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF; AND DECLARING AN EMER <br />GENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS <br />PASSAGE. <br /> <br />WHEREAS. the public convenience. safety and necessity of the CitYa an <br />the people of tbe City require tbat the portions of State Highway 146 be recon- <br />structed. Since the existing street constitutes a danger and serious inconven- <br />ience to thepublict it is urgently required to be remedied; and <br />WHEREAS, the City has requested the State of Texas to contribute fi- <br />nancially in the street projecti and <br />WHEREAS. the State of Texas has made it known to the City that it wil <br />assist the City in tbe street project by furnisbing the necessary funds for <br />actual constructions reconstruction and maintenance; and by supervising con- <br />struction. providing tbe City approves the plan~t grades and alighment for said <br />project; and <br />WHEREAS1 the City, in consideration of the providing of said projecta <br />agrees to indemnify tbe S~ate of Texas against all damages or claims for damage <br />to adjoining. abutting or other property for whicb the State is liable. arising <br />out oft incident tat and in any way connected witb the installation! the recon- <br />struction. the existence. the use and maintenance of the street project or the <br />passage a,nd enforcement of this ordinance. <br /> <br />NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF <br />LA PORTEr TEXAS: <br />Sec~ion I. That since the public convenience. safety and necessity <br />of the City and the people of the City require itf said street shall be recon- <br />structed. <br /> <br />Sec\ion 2. That tbe State of Texas be and is hereby authorized to <br />enter upon. re~onstruct and maintain the street project at the location and in t e <br />manner shown on the plans. attached hereto and marked "Exhibit A" and made a par <br />bereof in all respects. <br />Section 3. That nothing in this ordinance sball be construed to obli <br />gate the State of Texas to pay any directJ incidental. or consequential damages <br />