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<br />I <br /> <br />I <br /> <br />44 <br /> <br />ORDINANCE NO. 1978-8 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, APPROVING THE. <br />AGREEMENT DATED FEBRUARY 6, 1978 BETWEEN <br />THE STATE OF TEXAS AND THE CITY OF SAN <br />MARCOS FOR THE MAINTENANCE, CONTROL, SUPER- <br />VISION AND REGULATION OF CERTAIN STATE HIGH- <br />WAYS AND/OR PORTIONS OF CERTAIN STATE HIGH- <br />WAYS IN THE CITY OF SAN MARCOS; PROVIDING FOR <br />THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/ <br />OR PORTIONS OF STATE HIGHWAYS IN SAID CITY; <br />AUTHORIZING THE MAypR TO EXECUTE SAID AGREE- <br />MENT AND THE CITY ~ECRETARY TO AFFIX THE COR- <br />PORATE SEAL AND ATTEST SAME; AND DECLARING AN <br />EMERGENCY. <br /> <br />WHEREAS, the Public convenience, safety and necess~ty of the City, <br />and the people of the City require that State Highway routes within <br />the City be adequately maintained; and, <br />,. <br /> <br />WHEREAS, the City has requested that the State of Texas, enter upon <br />and contribute financially to the maintenance of said project; and, <br /> <br />WHEREAS, the State of Texas has made it known to the City that it <br />will, with its own forces and equipment and at its sole cost and <br />expense, enter upon and maintain said project, conditioned upon' <br />the provisions concerning liabilities and responsibilities for main- <br />tenance, control, supervision, and regulation which are set out in <br />the form attached hereto, made a part hereof, and marked "MUNICIPAL <br />MAINTENANCE AGREEMENT"; and, <br /> <br />WHEREAS, said project consists of those,State Highways and/or portions <br />thereof which are described and included in the form attached hereto <br />and marked "MUNICIPAL MAINTENANCE AGREEMENT"; now, therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />Section 1. That the pUblic convenience, safety and necessity of the <br />City and the people of the City require said proj ect be adequat:ely <br />maintained. <br /> <br />Section 2. That the certain agreement marked "MUNICIPAL MAINTENANCE <br />AGREEMENT", dated February 6, 1978, between the State of Texas and <br />the City of San Marcos for the maintenance, control, supervision and <br />regulation of certain State highways and/or portions of State high- <br />ways located in the City of San Marcos be, and the same is hereby <br />approved. <br /> <br />Section 3. That the State of Texas be and is hereby authorized to <br />enter upon and maintain said maintenance project. <br /> <br />I <br /> <br />Section 4. That the Mayor of the City, be and is hereby authorized <br />to execute for and on behalf of'the City an agreement with the State <br />of Texas, in_accordance with and for the purpose of carrying out the <br />terms and provisions of this order, in the form attached hereto, <br />made a part hereto, and marked "MUNICIPAL MAINTENANCE AGREEMENT"; <br />and the Mayor is authorized to transmit the same to the State of <br />Texas for appropriate action. The City Secretary is hereby directed <br />to attest the agreement and to affix the proper seal of the City <br />thereto. <br /> <br />Section 5. Duee~to the fact that the work contemplated under the above <br />mentioned agreement is needed for the immediate preservation of the <br />public peace, health, safety and general welfare, an emergency is <br />declared and the provisions of the Charter requiring that Ordinances <br />