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HomeMy WebLinkAboutOrdinance 3656 Form 1002 SECTION 4. For and in consideration of the mutual covenants herein con- tained, 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 maintenance of said street project and does hereby agree to indemnify the State of Texas against all court costs, attorneys' 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 of the street project and the city will save the State of Texas harmless from any damages arising out of said maintenance and/or use of said street project. SECTION 6. The Mayor of the city be and is hereby authorized to execute 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 marked "Exhibit B". The City 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 imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the contract aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried our promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. 2