HomeMy WebLinkAboutOrdinance 3511 CITY OF FORT WORTH
MUTTICIPAL ORDINANCE
(Construction and Maintenance)
FREnTAY PRO JEC T
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF
HIGHGTAY NO. U.S. 80 IN THE CITY OF Fort Worth , BETWEEN THE FOLLOWING LIMITS,
TO WIT: FROM Highway U.S. 80 TO Ft.-Worth-Dallas Turnpike
AS A FREL'ItiTAY AND AS A STREET, HEREINAFTER REFERRED TO AS "THE PROJECT" AND AUTHORIZ-
ING THE CITY MANAGER OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE
CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BEaEEN THE CITY AND THE STATE
OF TEXAS PROVIDING FOR THE CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF SAID PROJECT
AS A FREEWAY AND AS A STREET, AND DETERMINING THE LIABILITIES AND RES PONS IBILIT TES OF
THE CITY AND THE STATE OF TEXAS WITH REFERENCE THERETO; AND DECLARING AN EMERGENCY AND
PROVIDING THAT THE ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the public convenience, safety and necessity of the City, and the people
of the City require that the portion of Highway No. 80 from Highway U.S. 80
to Ft. Worth - Dallas Turnpike be constructed, since the existing condition
constitutes a serious inconvenience to the public, which it is urgently required to be
remedied; and
WHE,REA.S, the City has requested the State of Texas to contribute financially in
the project; and
WHEREAS, the State of Texas has made it known to the City that the State will
assist the City in the improvement and maintenance of said project as a street and
as a Freeway, providing the City approves the plans for said project.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL:
SECTION 1. That since the public convenience, safety and necessity of the City
and the people of the City require it, said project shall be constructed as a street
and as a Freeway as defined by House Bill No. 451, Acts 52nd Legislature, Regular
Session.
SECTION 2. That the State of Texas be and is hereby authorized to enter upon,
construct and maintain the project at the location and in the manner shown on the
plan attached hereto, marked "Exhibit All, and made a part hereof in all respects.
SECTION 3. The City Manager 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 Manager of the
City is further authorized to approve and sign the detailed plans for construction of
the project or any section thereof when and as such plans are completed and prior to
award of construction contract by the State. The City Secretary is hereby directed to
attest the agreement and contract and to affix the proper seal of the City thereto.
SECTION 4. The fact that there is an imperative necessity
sity that the work provided
for in said contract be begun and carried out promptly, and that such contract should
accordingly be forthwith executed, creates a public emergency requiring that this
ordinance be passed finally on the date of its introduction, and the City Manager having
in writing declared the existence of such emergency and requested such passage, this
ordinance shall be passed finally on the date of its introduction, this 22nd of Au A.D.
1956 and shall take effect immediately -upon its passage and approval by the
y Manager.
STATE OF TEXAS
COUNTY OF Tarrant
I, Roy A. Bateman a, the duly appointed,
qualified and acting city secretary of the City of Fort Worth_,, Texas hereby
certify that the foregoing pages constitute a true and correct copy of an ordinance
duly passed by the City Council at a meeting held on August 22 1. A*Do, 195� 5
at 9:30 —o'clock— A. M.
TO certify which., witness my hand and seal of the City of Fort Worth Texas.,
this due 22nd day of August 195 6 , at Fort Worth ,Texas.
City/se-�fetar'y— of the i y of
Fort Worth ,Texas
rry- ,r 7 t �g°t p
<11T., .. ..a,.l�`d`kL 'ut✓Ma''.�s�''� .ri',L.f S.«.�.,7 u AIM
PELJECT
STATE OF TEXAS
COUNTY'�d OFTRAVIS�y. .
This a ham' 4�"�4 l made p,,,,ry s. day f R
K� and, between
the State of !'axes, hereinafter "erred s th , °,§.� ,�a party, f the
first
y s
l+f,i,.� the i �. gy.t+ry �:t'Y wy CX0.ury .ZwpiSu�%�§d p'd„tvd.tix+ G"'kvV
the
City f Ft. t f Tarrant ---County, xw acting by
i ✓
through its duly authorized ra.icar r an ordinance passed the 2 .< day of
Augwutht 19 56 W hereinafter called the "CITY11, party of the second part.
Whereas, the City has tod the State t contribute financial. a1A in t1.
improvement 4= .4aatnt n:Lnc ti.9'f controlled access high=7 k.kn7 wit1*` i 9. suzh My, from
r
(^y route��"py�'** ppyy e ':€,� :; ��'��0�3�':�3; '`�"a}a ayr<"' "$h�S' ..�..��.w T,.�'��
he ro6�iF:e V.r,A.S i,.+•� ���k"u, ,+.ww'wuueuw,awau. >wuewuww.✓o,ww.+uu :�.+wwur and Israi��+w.a�-� e called the "Pk'wr`jeG.v'kt"o
maintainand has by proper ordinance WHOM the State to enter upon and improve and
or assist the City in the irq.�rovemment and maintenance of said project to a street and
as a &Beway; and
,�reas, the "'3tate Hipboa7 Enfin er, ctinF for and in behalf of the State � ighv y
Co missi h ma �t;,`'known wn � teas y the ;:state mil t it i. t
he
inprovement and maintenance of said project, conditioned that the Cityl as contempOted
by, senate 13 µ1 1,25, (':,cts L,6,thLeg tore Regular Gession, will ttc a gTee ent s
7
the State for the purpose of Ofte `"minin the liti nisi.. and responsibilities of the
PartiOs with reArence thereto.
A, G R' r#: E f,'; , ,1
Now z' ere f„�`or , in considerationxof the ti"Jre sea ,an o the 'i"��s�1:�� coven'.n"€����~ end
agreements of
he parties
of set forth, It is agreed as olio
Of initions
It is understood that t t r ct shall be constructed a s a street to o onsist of
a "Freeway" as defined by House `}fill 451p Acts And Legislaturea, Regular Session,
pple e to by "Frontage Streets" as ,.j to a ly agreed to by the 0'a 3,y and the [."Abate.
"ate.
.Mie ter-a "'!,-reject" as 3' ."~`?: this agreement eme t- c d 4'ercinabove described as to to m i, shall
include gaa°WinF, pavtnent, curbs and gutterss sidewalks, bridges, grade separation
structureso culverts, storm sewers, outfall channels, freeway illumination,., an well s other
usual appurtenances nonce common to c norrml street project, Me t "Freeway" denotes that
Portion n O the project consisting sistin the inner pavement lanes designed °too4 ry �d:,hroug
traffic. e to "Flontae Streets" denotes ti's outer streets, auxiliary to the reeway
designed to serve abetting property and adjacent areas.
it is =d)erstood and gee tmven the partieu hereto that the City b ; virtue of
the vision of its charter ,and the lawo of the State oflexas has exclusive control
of and jurisdiction ver all street; and public wayB sithin the ncorporatN,ed limits of
such City, and that the City 1nas requeated consented tea the construction and maintenance
of the project ani. the SO& in the coag: trunti n and min t mance of such project does seg at
the special instance and request of the City. The City, in consideration of the mutual
covenants tae i : contained, does hereby g Feu to and does hereby authorize W Note t to
improve assist in the improvement of said °oject at the location and in h manner
shomn on the plan proved by both parties and attached hereto3 marked "Exhibit fi " an
made a part hereof in all respects.
The City will prvvide v tho to cost to the State and clear r - l obstructions and
enca,-oacI'ac ts the following minimum righty of way width, it being uYerstoodthl
additional widths will be required for special conditions o ouch as grade separation
structures, %tersections, and as required for per design through rough terrain, The
City will not ;A thy, future rmfit encroachments on said right of way.
(, Sufficient, vidth to pro,; d(a reoperly for the improvements shown can the plans.
Lw3tl.�� UtIlities
The MY wProvide for the installatfonp removal or other necessary adjustment of
any and all utilities ands e r is y whether thpublicly or privately owned, as ay' baa c s spa'Ll
tc Permit the proper impravememt,, a aintenaaric an,'', rause of naid project. Existing a blit es
shall be adjusted in respect to location ion e=: t°; ; f installation ° : accordance with
requirements of the State. Conductor casing of sufficient length to olear the fremiTay and
frontage streets , ill be required for all underground utilities. If, "upon receipt o
Vritten requestter the State, the City does, not pr ,tptly caTry this provision, and if
such Way results add t.a.� `. , expense t the i"gyp r expense ,g,
State,� + ,�«+' �',+„�`r �'$r�� "u1t"�.. Su`''v,."': ��r.��:&�„. direct
charge an obligation oda the G ty.
The State will prepare or pxo7ide: for the construction plann ad7ertise for maids, an
let the constraVion contract, or othervise provideor the c= t .rtion and >,xiil supervise
the constx ct ono reconstruetion or betterment r,a` rk as a`°cacuired by said plans. As the
project is developed to the oonstruction stagep either as a unit or in increments, th
State will securethe w;1't,;"K Wroval of the con,,,atrustion plans for each increment 4:r' the
unit prior to award of contract.
2
Division of Construstion Reqponzi0bbil ies
The State will construct grading, bridges ,nad culverts Ar existing drainage con-
ditions, grade separation strnoterep, peg 7enent and caN and gutter as reqqired for
construction of the Aneway and Frontage Strects, including, corzeatingrazqpso caapdians,
OWN interthanges and, turirin,,r, lanes, If storm severs are required the State and
City will assume joint finanniel responsibilities for construction actor "nix to the
follot,fing understanding:
The State' ns truction respons,'U.Ality will be to drainage of the
right of way plus a strip 150 feet wide on each sideo the ,t.�, agrees to -aslim
responsibility for drainage outside of this area. Sewer main and outfall construc-
tion costs will be apportioned an the basis of discharge, into the -.,,iaJLn. This i,,rili
take into soon gTtater discharge from PS t7 areas as well as smallordischarge
from more distant areas. The to will pay for all imlets on or adjacent to the
Freeway and Frontage Streets including Wir Maas to the outfall main. inletso
leads 4nd laterals Vich draim i.reas outside the Freenay and Frontage SWets into
the outfall main shall be paid for by the Ofty.
It is agreed thatexisting drainagefacilitles may' ' be used vithat,,t cost to the Sytaten.
Besponsibilities for construction of WON control devices, pavement striping, street
i*11tvaination, and OF= for traffinregulatio . wand info rnatio n shall be as hereinafter
provided.
Pavement StAlnZ
LLUL
Me State All construct and maintain all longituhinal center line, lane line and
no barrier stripes on those portions of the pz, ject where mminter-CMOe of tl-,te
paTvvent is the State's responsibility,
Traffio Control "Devices
HigWay Traffic signal Installations on Nona:age Ardits, and at Wei nhanEss will
be constructed try the State at its exrense subject to the condition that each signal
in,stallation shall be justified bya tra,,ff-ic aaidl engineering study* The Q will y
for the cost of pover for qperating the signals and vr',Lli opera te and maintain the signals
at its sole expense. The CA7 will obtain the approval of the State before making an
,M 7
changes in the design of operat onand t1xiing of the signals or before removine any part
of a signal inVallation. Any and, all parts of any State installed signal which mipht be
removed shall remain the property of the State and shall be returned to the State unless
suoh part or parts are installed on a route of the State H p bw vr yztem within the MY
at a location approved by the State,
It is imderstood that the installation of future higWy traffic signals will
be
thea bject of a future separate agreement outlining the responsibilities of
installation and maintenance. Or other types of traffic Control devrices,, stich as
stop and slav silys, parking motors, and other such devices, the type of device,
necessityO and points of installation will be fixedbN-
,,y agreement between, Viae
and the AM after traffic and engineeriny studies bave been made.
The City will not install or maintain or pernit the installation or maintenance
of any type of traffic control device which will affect or influence the utility of
the project without having obtained in vriting the prior approval of the State. Traffic
control devices installed prior to the date of this agreement and which will affect or
influznce the utility of the project are hereby, nade subject to the terns of this agree-
ment, and the City agrees to the removal of all such devices unless Mir continued use
in place is approved in sTiting by the State.
Street ill'u1ninating System
This being a Freeway project, it is understood that the installation, operation
and maintenance of a street illumination system will be a joint responsibility of the
City and State, s responsibilities to be determined by a separate agreement,
Future Utilities
Me City will secure or cause to be secured the approval of the State before any
utility installation, repair, removal or adjustment is undartakeno crossing over or
under the project or entering the project right of way with the understanding that all
underground crossings shall be made by boring, jacking or tunneling. Conductor casing
of sufficient length to clear the Freeway and Frontage Streets will be required, Where
utility tunnels or culverts are constructed the City shall require that all utilities
or services, either publicly or priyately omned shall use the tunnels or culverts for
crossing the project. Crossings other than through the utility tunnels or culverts,
or utility constructed candmits will not be permitted. In the event of an emergencyi it
being evident that immediate action is necessary for protection of the p0lic and to
minimize property damage and loss of investment, the City, witnout the necessity of
approval by the State, may, at its ovn responsibility and risk make necessary emergency
utility repairs, notifying the State of this action as soon as is practicable.
The City will not cut nor permit a third party to cut the pavement for the place.*
inent of mypipe or conduit for any utility to be placed transverse to the project. The
City will ay to the State promptly the cost Of repair vDrk by the State made necessary
by reason of the installation, mpais,, remo7al or adjustrant of any publicly or privately
owned utilities or services, which mal occur after the conpletion of the project.
ety Provisions
Traffic .'Re latiDns and SafetZn 111712122
L. _L
The City will pass and enforce an ordinance regulating the parting of vehicles is
follows:
1. Prohibit all park ing ..on, the Freeway trate:io'lanes.
2, Restrict parking on Frontage Streets to parallel, parting and to one side of the
Frontage Streets only, and further toprohimis parking at specified placei in
compliance with the provise
sions of ction 95, Article XII, R.C.S. 6701d, Mas
Uniform Act Regulating Traffic on Highways, and at other locations as future
traffic and engineering studies may dictate. The City will prohibit all
parking on the Frontage Streets between such hours as mutually agreed upon in
the future to facilitate sweeping of the streets.
4
The City will pass and enforce an ordinance providO7 for one-way traffic operation
on all frontage streets for the entirn length of the project.
The City agrees that other traffic regulations mrill be esta blished and, speed lin-Ats
fi- d agreament with the State as represented by the State HigWry Apineer after
traffic and engineering surveys have been conducted.
The State is authorized and agrees to erect and maintaiia on the project rigbt of way
all traffic siCns necessary to regulate, warn, or guide traffic; and suchi shall
confor''a vritn the then current Texas Manual on Uniform Traffic Control Devices for Streets
and
The City will prohibit the planting of trees orshrubbexy or the creation or construc-
tion of any otWr obstrvotion or encroachment within the rLght of way without prior
agreenent with the, State,, Jn. conformence vh regulations undar the Federal-aid Road Act
which reqttItre that the ripbts of wny provided for Federal-aid highway projects shall be
held inviolate for public highway purposes and no unauthorized, signs, posters, billboards,,
roadside stands or other private installation shall be permitted within the right of wa
limits.
The City vill prohibit the Y,,,tove,�,nent of loads over the project which exceed the legal
L;wfor desiCnated Stete
g for either weight, length, height, or vidth except,
those having proper per"its from the State for such movements.
14vision of
to 11,a'verient and Surface Areas.
Dhe State -will maintain all pavements, bases, shoulders, curb and gutter, gradle
separation structures, ::wdisn strips, and roadwqy areas bet enand adjacent to
paver,,-mnts', such maintenance to be limited, transvorsely to "toe of slope", "top
of cut" or "back of frontagv street ourb" as the case may be, The State will
sweep, mow, and otherwise keep clean this defined area. The City at its as a:
expense mill be responsible for similar maintenance of all of surface area,
including intersecting and cross streets not on the designated State Highway
System and outside the boundaries herein defined. for State maintenance.
2. I)rainmage �,,Facilities,
Phe State ifill maintain the drainnae facilities within the right of way limits.
fhe, ('ity �exll be respoSible for all other drainage facilities.
a-1
ntenance -vork by the State shall be performed only as long as tW project is the route
of a State bighmsy and it is understood and agreed between the parties hereto that all
obligations of tht State and the City as created herein s011 terminate if and the-
project is no longer the route of a SON highwa7.
It is iautmally agreed and acknowledged that the City shall retain all functionn and
responsibilities for maintenance, control, supervisionq and regulations which are not
specifically described as the responsibility of the Stabe.
These general maintenance provizions are suppleriented or in case of conIllet are super-
seded in respect to the conflict only, by the specific maintenance responsibilities as
delineated in other provisions of this agreement.
Future Street and Railroad OWN
LO
It s understood ad agreed between the parties bereto that the City y will re-
Asin on its part and will prohibitany other thud party from c rryIng any present
or futare street at grade across or into the Freeway or any present or Ature rsil-
road at grade cos ` d the project exceptas may be shown can the sketch,
attached hereto and marked "Exhibit feta. This provision shall not prevent the Gitl
from construoting such undsrpasses or overpasses in thefuture as may be necessary
to effect such crossings nzeded oliev traffic when plans and spec Pica iaas
have been approved by the State.
Indemnificatian
�� nif ,. ,acs g�.e,-n ' an and
��`i3 ��:�'��;� agrees�, 'fir �.' ��'a � State a� �; '� Y;a s and claims
for darnages to adjoining, abutting or other ppert fwhich the State is or maQ�
be liable arising out , incident to or in a. y wayconnected with the installation
tion
the construction, A ewxi e, � u sand/ ata,' tem .c o suchproject and does
hereby agree to indemnify the Kaairs any and all court costs, attorneyY fees
and allxp a i connection -��ith its f a such damage and sial . hf�.& requested to
d s in -writing,, 'bassist or relieve the State from defending ny such suits brought
againstit,
Nothing n this agreement shll be construed to place any liability on the
city Ar personal injuries arising as of the constructionof such project.
Nothing herein ccntamd shall to construed to place upon the State an,y ronner
of liaAlitr for Amjury to or death of persons or for damage to or loss of property
ax l zing out of or in any manner ginner conn cted with the maimtenance or use of the project,
d the Ci ' sz-ve thte State harmless from any danages arising from said maln-
termnee sand/d ° use of said project.
It is forth a.d ;toad mad agre d .)etwen the parties hereto that the improve-
ment ac ° maintenance of the project i,),;- the �Wtato is for Eche pole purpose of providing
the . a 4 w$ lic a 'or adequate aavfacility and shall never be the basis of
any claim c State assumption, or participation in the payment, y of the otaigntions
of the City incurred in the improvemert, past or present, of any street project.
d
DT -�,TITKEIZ 1,-=OF., the parties have 1-iereun'.-.c affixed their si.-matures.,
the V'ity of Fort Worth, Texas on the 22nd da-, of August
19 56 mz: d the State on the day of 19
a. . E-,S,T CITY OF
BY
'77
Ug
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V
TM, ,STATE OF M;XAS
-1
-1,ertified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
policies, or work prograr.is heretofore
approved and authorized by the "State
Highwa-,- (Iarussion:
',tate Hig.1may EIngineer
APPROVAL RECOMENDEEDt
Expressway Emgineer
Astrict PnginegO-
,�n,7ineer !"oad Design