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t� <br /> ORDINANCE NO. 94-63 <br /> ORDINANCE AUTHORIZING CONSTRUCTION AND <br /> MAINTENANCE OF UNDERPASS <br /> - FARIE5 PARKWAY - <br /> WI�REAS, pursuant to Section 5 of Chapter 41 of the City Code, Archer <br /> Daniels Midland Co. ("ADM") has requested the City Council to approve, by I <br /> ordinance, the construction and mai.ntenance of a pedestrian underpass beneath City �, <br /> right-of-way at Faries Parkway, located as shown on E�ibit A hereto; and, <br /> WHEREAS, the City Council agrees that ADM should be permitted to <br /> construct and maintai.n such underpass, subject to the conditions hereof. <br /> NOW, 1`HEREFORE, BE IT ORDAINED, BY TI� CITY COUNCIL OF <br /> TI� CITY OF DECATUR, II,LINOIS: <br /> Section 1. That ADM be, and it is hereby, authorized and pemutted to <br /> construct and maintain a pedestrian underpass, at the location, and according to the <br /> plans, shown on E�ibit A, and subject to all the conditions set out herein; provided <br /> that, said approval shall be considered a privilege only and shall not be deemed to <br /> create any property right in the continuance of such underpass, and such approval as <br /> is granted hereby may be revoked at any time by this Council. <br /> Section 2. By constructing and maintaining said underpass, ADM assumes <br /> full responsibility for any property damages or personal injuries, including death, <br /> which may occur to ADM or its agents, employees or contractors, resulting from or <br /> arising out of ADM's use of the City right-of-way aforesaid, and ADM does hereby <br /> fully and forever, on its own behalf, release and discharge the City and the City <br /> Council members, City employees, officers and agents, in both individual and <br /> official capacities, from any and a11 clauns, demands, damages, rights of action or <br /> causes of action, present or future, whether the same be known, anticipated or <br /> unanticipated, resulti.ng from or arising out of ADM's use of said right-of-way. <br /> Section 3. By constructing and mai.ntaining said underpass, ADM agrees to <br /> indemnify and hold harmless the City and its Council members, officers, employees <br /> and agents, in both individual and of�icial capaciries, from all claims for bodily <br />