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ORD 1988-05 -Permission to Use Property Adjacent To Avenue F - Mission 03-15-1988ORDINANCE NO. 88-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, GRANTING PERMISSION TO THE GOOD SHEPHERD MISSION TO USE PROPERTY OF THE CITY OF HUNTSVILLE ADJACENT TO AVENUE "F ", AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS the City of Huntsville owns the tract of property adjacent to Avenue "F" at its intersection with 10th Street; and WHEREAS the City of Huntsville intents to use the property for street purposes in the future; and WHEREAS the Good Shepherd Mission desires access to its property from said future street; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Permission and authority are given to Good Shepherd Mission upon the terms and conditions of this ordinance to construct, maintain, repair and use a driveway in, through, over and along the real property described in Exhibit A attached hereto. Section 2: The City its successor and assigns reserve the right to use said property for any purpose not adverse or in interference of the access herein granted. In particular, the City reserves the right to use said property for street purposes. Section 3: The Good Shepherd Mission, its successors and assigns shall not occupy for vehicle parking purposes any portion of the easement area. When, as and if, the Good Shepherd Mission its successor and assigns shall cease to operate or maintain a facility for which the access is granted, then all rights of the Good Shepherd Mission, under this ordinance, shall terminate. Section 4: The City, and its assigns_reserve the right to use or modify any access, driveway or other road constructed by the Good Shepherd Mission under this grant of the ordinance. Section 5: The Good Shepherd Mission agrees to indemnify, save and keep harmless the City, its officers and employees, from all liability, lien, judgment, cost, damage and expensive of whatsoever kind and nature which may in any way be suffered by City, its officers or employees, by reason of, or in consequence of the operation of said access by the Good Shepherd Mission or for, or on account of any act or thing done or suffered, or omitted to be done, under the grant of this ordinance. 1. Section 6: This ordinance is subject to amendment, modification or repeal, and the permission and authority herein granted may be revoked by the Mayor and City Council in their discretion, at any time without the consent of said grantee. Upon termination of the privileges herein granted, by whatever reason, the Good Shepherd Mission, without cost or expense to the City, shall remove structures or appliances herein authorized and restore the property where disturbed, to a proper condition. Section 7: This ordinance shall take effect immediately from and after its adoption by City Council. PASSED AND APPROVED thi ATT day of eShaw, City Secretary APPROVED AS TO FORM: Scot Bound City Attorney , 1988. THE CITY OF HUNTSVILLE By: Jan7 Monday, Mayor Og OVCie HAM& /0 Sera/Jai( our-4, „airs. • • II, far t47E0 5t fa kitTio N A-Qt B(TiA)E6V 804S, 4, t-rks1.43 1%42 0111-V • ft i4-4 iatoLmtri TkoPe!Pthial C t ‘ + .: , ■-:445 C , . ....- f.....„ ,..). r . 41; lits, alma irri,.:::tig 1-443104 svliq C,EN T tut% re it TAP 1 /2 lei 4 )11 444: .t7 11 p E121.11E-RETI- 0 z 0 sor,