HomeMy WebLinkAboutOrdinance 3212 MS1CIPAL OTMIITt,�T�cE No.,3 2.J
(construction an,' 77
aintenance)
A! 'IIIANCr' PROVIDIY"G FOR TH-t C�)MSTRUCTIOV AND MAINTE ICT PF H-, 0 � oIT
ORL
STAT.7 HIITH"i-Ay ]'TO- 550, IN TA7 CITY OF FORT WORTA NAI T , p RTI OF
TO-WI T, TEXAS BE'r-Mr-IN TH' T-FOLLOWIITG LIMITS
. WEST 0,F WIITTHROP STRZZT AT THE 14-3'ST CITY LIMITS OF FORT WORTH Tr,, CM,1, 330WIE
BOULEV�AUU: KIM -,;aST RIs sr,-AY AS AIT EXPR7_SSdAy AND AS, A STRM, Hr-ZINAIFTM RT_zFMJRb
TO AS "ThT PROJ77CT" jkUTiTORIZING THE CITY MANAGER OF THE. CITY To
CITY S7;CRFTARY 'nC) AFyIX _ EXECUTIr AYM TrT�
T19 CORPORAT? SEAL AM) ATTEST THF, SAME, A CTRI�rAjy CON C
CI) K"i-D THE STAT- TRA T
OF TT PROVIDING FOR TLLr CONSTRUCTION,
MAMMAPCE,
-uIsTINCE AND Us-o. or SAID PROJ77CT AS A FPS"I'�AT AIND AS A STRYT,,", All) DTT710,TINIyjG T,
LIABI I LITITS AITD R7,91"ONS MLITI7S U7 TzEF' CITY A3,M TiM STAT? 01F T� ��C�,+I
. HXT.-OM T.-d-M-TO; ATTI) Dr7CLARIYG AT, TUMGMcy Vrl) p VII;Ro D-TGTHIATTHISORDISHALL B-
'-"IVF FROM A.;,,D AFTER. ITC` PASSAGE,
WEEIRTAS, the public cOnverience, s2fet,',:, and necessity of the City, and the
people of the City, rewnire that the portion
M of state Hi,-h"TaY 1'10. 5510 from
Street to CA
7--oulevard, be con" structed, since the existing condition consti-
tutes "a serious inconverierce to the pbulic. which it IF, urr
remedied; and ently requirec'. to be
1MREAS. the City I'Las reauestee. the 'tPl.tP of Tpr-,is to contribute finoncia. 1
the --,Mlect, Fnd y in
the of Tp::as has made it kno�,,r to the City that the State i..?ill
Resist the City in t,,..Ie improvement,
amd maintenance of said project ae P. street pne
P-6 a 1F(ree1-,!Py. providing the City apnroves the plams fir sa. id project.
IMII THT,,R,7FOR7, nF IT 02MAIIIED 3ff TME CT777- Cc ;CIL:
27CTI(Yi; 1. That since the public convenience, afety Pnd necespity of the
City requires it, said project shall be constructed as a street and as a
Freeway
as defined by House %Lo. 771, Acts 51st Legislature,, RF'6ular Session.
2. t'^e State of Texas be and is
il author~iced to t er ir-,ol-j,
construct Rnft --laiDtain the project Rt the location and in the -manner sho�en�, U.
Plan attache(I hereto, mar on the
k e,6, 7,;r
Mbit and made a part hereof in all
respects.
3. The City 1,spnp
ger of t,20 City be Pxd is hereby autto
for and or behalf of the City an agreement and contract Frith the Stahoterized of i1exese7eCUte in
g
accordance ,r;ith P-rd for the Tiur"pose of carrying. out the terms and provisions of this
ordinance, in the form, Rttachee,_ hereto and marked. ;?x1hibit 11,711.
:archer aulthorired tD a�,, The City Memager of
the City is
..Prove and SiLn, the detailed plans for construction
of the project or any section thereof, --,'i-,en ��.aid 7,.s ;ucJ,1 - d -,., r
to award of constriction contract by th ' pl.ims are completed an .. ri
e State. "'he City Secretar eby directed
the agreement v.nd contract and to af:"ix. the -nroper seal_to attezt t' y i z her
o"' the City heret,�..
'37EC,TIOI-� 4. T11P f;-:10t that there is ax necE_SEit.V t
an ar�.d carried out �pro-�rptly, and tj,-.%t p1p.ci
vided for in spAd contr,�ct be beg �hPt the WOrk ro-
tr:t�ct should accordingly be forthxrith executed, creates a pub?is �j con-
L ,
that this ordinance be passed finp emerpency reouiring.
'ITF _11y on the d,!Rte of its Introduction, slid the City"'
_naeer hp-vir.r
in writine
declared the e::"istence of such emergency and requested
such passage, -thds ordinance ,s4lll be passed. finally on the date of its introduction,
this A. D. , end shall take effect
i.mnediate —on its passag
e and approval by tie City Council.
STATE OF T-rYj,,S
COUNTY OF TAMANT
S. t1r duly ap-,)oLnted, quo1ified
and acting city Secretary of the City of Hort ;Porth, Texas, hereby certify, the the
fare,--.oink parers constitute a true and correct cosy of an ordinance duly passed. by
the City Council at a meotinp A. -)54, at _5�'
held on D- l'
o'clock
mo cert4fy which, witness my hang. and seal of the City of Fort "orth, 7ex,.S,
this the dy 0 17541, at -7ort or Tpxr�s
Ir
O
icretary of the City of
0C
Port ;'orth.
RECEIVED
U N 21 1954
14UICIPAL CONSTRUCTION AND MAIN9UANCE
STATS OP TXXO
This ngreeemen.t made this �6 � day of ,�i�-� 1954, by
and betvoen they State of Tears, hereinafter referred to as the "State", party of the:
first rart, and the 'City of Tort Worth, Tarrant County, ''e s, acting by and throvo7h.
its duly authorized officers under an ordinance passed the
1954, hereinafter called the "Olty", rerty of the second :art.
r I T N R 8 SRTR
W111+RUS, the Cite -has requested the State to contribute financial aid in the im-
provement and maintenn.nae of Caslmont '4t. vithin such City, from West of Ilintlixor Street
at the west city limits of .Pert Worth to Oamp Powis Blvd, hereinafter c-m11ed. the
aaanroject" , and bes by y,ro-par ordinae.tee9 authorized the State to enter upon nand improve
and maintain or assist the City in the improvement and maintenn-nee of said. project
as a freavRy and. -F. e?, street.
1419 ,AS, the "tutee Highway x,ngineer, Peting for i.nd. in 'behalf of the state -"igh-
waa.y Commfssi.on, has mn,0o it known to the City tkmt the ;,tate will ,,waist the rite it
the improvement R.nd maintenance of said project, conditioned that the City, e q conters-
pInted by Senate Rill !L15, ,Acts 46th Legislature, P.esgulae.r Session, will enter into
agreements with the State for the purpose of determining the 1IRbilities and. responsi-
bilities of the pprtiesa witt. reference hereto.
C TFC ;'rFCJ in aer..s.i�zer- t3.on of the -ore3miasess and of the mutual coven.-newts anal
agreements of the parties hareta to be b" them res-noctively t n.nd -Performed aa
hereinafter set forth, it iz *greed as follows:
Definitions
It is understood that this :project shall be constructed as a street to consist
of a Freeway as defined. by Rouse Bill No. 771.., .Acts 51st Leeislas.tu", Regul=ar Session,
supplemented by rrontage Streets req mutually agreed to bey the City and the state. `."heA
terse "Project" as used in this agreement end b9rein nbove described ma to termini,
shall include gr ding, ptevesrment, curbs t'and gutterte, siOevxalks, bridges, grade separ&-
tion structures, otalverts, storm ,severe;, au.tfac.11 ch,nnnels, illumination aystem, as well
as other usual ftrrurtena,nces3 common. to a normal street nroject. The term "Freeway" de-
notes that tortion of the flroject consisting of the inner pavement lames d.esasigneed to
serve thrmwh tmffi,c. The term, OFrontatge Streets" denotes the outer streets ^uxilinry
to too `Pee ,y ,nee to se=rve abutting property And. adjacent Arens.
eii:l;tl vt.�.l
- 1') 21 1954
n.Q
Pro ect Authorization
It is understood and agreed between the varties hereto that the City by virtue
of the provisions of itt ch rter and thea low* of the Mate of Texas has exclusive con-
trol of and juritdiction over n1l %treete end public ways within the cor,iora.te limits
of such, "Gity" , and thn t the ,Oity has requested and consented to the construction and.
maintenance of the rroJeect and the .';tate in the construction eamd maintennnce of such.
`rrojeact does so et the special Instance end. request of the City. The City in consider-
ation of the mutual coveatants herein contained, does hereby agree to and does hereby
authorize the `itea.to to imrrovee or auai.st in the Improvement of said project at the
location and in the mr.n,ner shown on the plan am-proved by both parties and attnehad
hereto, marked. fthibit "A" , and vmd:e n rart .hereof in all respects.
Rip-4t, of W
The right of way for the protect rms been provideed, for under an agreement m!-de
the 20th dray of Augus t, 1953, by .eW between the `q to te3 of Texas and the City, of Fort
Wortb, Texas.
Existing Utilities
The Oity will provide for the Installation, removal or other necessary adjustments
of nny and all utilities ?4nd services, whether r)ublicly or privAteely owned, ae may be
negceaas.sry to permit the proiieer improvement, maintenance and use of said protect. Exist-
ing, utilities shall be adju%tend in respect to location end tyre of installation in .ac-
cordnnce with reaquiremetinte of the State. If upon receipt of written requsst by the
State, the City does not rromptly carry out this provision, and if such deley results
in additional ex.�.:enses to the ,:'Itntee, such expenses will be, t'ne direct cba.rge and obli-
getion of the City.
tngineerinr Services
:s'he ''tante will, -r",", re or provide for the construction plains, advertise for bids,
and let the construction contract, or otherwise rrovid:e for the construction -..nd will
suuervise the annstructi.on, reconstruction, or betterment work as required by said
plans. As the protect is developed to the construction ntagea, either ae n unit or in
increeaents, the ,:Masten will secure the rityee aprrovPl of the construction plans for
each imeremetnt or unit prior to nva.rd of contraret.
Divi.Qion of ";onatra.ction Re3sr--onsi` ll i.tle s
The cost of the construction of said protect will. be financed as set out in
Commission Yi.nut€s ':o. 33981 and P.T-nrovsd by the City C€"unail of the pity of Fort
Worth, 'Teexz^z on t'sze let day of April A. D. 1953•
Traffic °:+patrol evice+a
The "ity agreeq that traffic control devices, such as storf and slow signs, traffic
signal lights, parking meters and other tv"nen of Onviceas for traffic control, in recr,.ect
to tyre of device, points of installation, rind necessity will be fired by agreement
with the State as repreasented by the : t' to LigrwaayJ`nt,iiieer after traffic and, engineer-
,
surveys have been made. The City agrees that it will not Install or mAintakin or
permit the installation or maintenance of s.ny tyres of traffic cir-trot 1.evica which will
affect or influence the utility of the project without having obtained in writing the
prior Pp- rov).Ql of the ::tate. Traffic control devices installed prior to the date of
this agreement send. `:which will affect or influence the utility of the project are here-
by made subject to the teras of this a }reement, a.nd the City sgreee to the removal of
such &*Vi,ea*% unless their continued use In place is a-li-•roved in writing by the State.
It io underetood: tbPA future traffic signal lip in$tral?rid as a .joint project by the
City and :urate will be the subject of a. 9"rate agreement outlining the reernonsibili-
ties for installation !and maintenance.
Ts ayeme,n t 1 trip ing,
The Stft.te agrees to construct and mnintrsin all longitudinal center line ;nnd non-
passing barrier atrl-es. The 0ity s±grees to construct etracl maintain any adrition.il
traffic strijAng it may desire subject to the apii roval of this State.
%tune utilities
The City agrees to y to the `,ante -nrom-ntly the cont of mpt kung repairs to the
anzbgrerle or surfacing made necessary by reason of the ins tn1la tion, repair, rdmoval,
Or adJus;tment of Any ^ublicly or rrivately owned utilities or servicese, vh1oh may
occur n.fter the comrletion of than rroject.
The City will secure or cruse to be secured ra permit frm. the; ";tate before any
utili.t�- instrallsr.tion, rersir, removal or adjustment in undertaken, crosr?ing over or
under the project or entering the °�roject right of way. In the event of an emergency,it being evident that innedlAte action is necessary for protection of the public and
to minimise property damage and loss of investment, the City, without the necessity
of n permit from the tate, may at its own ree,onsibility and risk make nocossary
emergency u.tii it;,- reppirs, notifying the urate of this action as soon as is practi-
cable.
The City agrees that it �-ill not cut or iermit ra third party to cut the fiFve-
inr the lecement of aany ripe or conduit for any utility to be pissed trs?nsverp.e to
the project.
The (pity agrees to hold. to a. minimus overhead power lines across the -project.
"hen such power lines are considered ne"sAary, the line P.nd structure construction
of crossing
e *ball conform to the highest grade as defined by the lr+.test T,ublished
edition. of the Wtionrrl Uectrica.l 'Safety Code m. blisheid by the National. �rre�.�,xa of
Trf:ffic 7�,ep-uia tjons &Ad ,safety -rovisions
The rite agrees to pass and enforce an ordinance restricting r_arking to T rsllel
7P.rkling on one side of the frrnatage streets only P.nd to rrohibit narking an the free..
w;;,y lanes. They City agrees that other traffic regulations will be established ane
speed limits fixed by agreement .oith the State as renressented by the State Highmy
Engineer after traffic sand engineering surveys hr•.ve been conducted.
The City agreee to *)rohibit the planting of trees or shrubbery or the crew tion or
con"truction of many other obstruction within the right of vay. without prior agre�-
ment with the, State, which woiild impair sigbt distance to the extent of creating,
unsafe or hAsrardnut condition to traffic movement.
RECEIVED
- 3 - , u t l 21 1954
D-g
The City agrees to prohibit the movement of loads over the project %nd ether
�itaa.te mAintairaeed streets which exceed, the legal limits for designated State Hi,gh—
w-rads for either weight, length, height or width except those having proper permits.
from the a to to for such movements.
The S tnte will be reeronsible for the erection a.nd mnintenancea of informational
signs on the project for direction of traffic, such signs to be of de s iEn Rnd l ocf-tion
to conform to stsand.nrd prra.ctices of the State.
Division of ',.a+einteaiace ^esxonsibInti;«e
As 1oe2; to s the project Is a d osigmte d. highirmy, the tqtee will ma.intl in said
project except those portions as may bee asdee the t itylg obligation as mutually
Arreed to by the r.,arties hereto.
`hes k;tl.ter maintenance of the roadeaesy facilities will be limited "Across{e or
trnn%verqelr teas' the outside "thea of !ale"a, "to-p of Cut", or "back of frontgge;
street e~r,W as the ease may be, including all signs, directional markers, storm
sewers serving the Freeway exclusively and all incide nta]. est .ct,,aral items esxcert
lighting^, appliances and, traffic aig;nsa.l. devices.
The Staten will canter into agrosmeat with the City covering the payment fnr the
neceeseaa.r, electrical energy to "rats the Freew�:fy illumination system rre viously
a ,,reed uron. The S teate e s particire tion is such cost of ele c triol-ene:r,&v will be
fiftir rer cent (50 ) of the actuae.l cost as mn r be determined under such contract.
Them nalatennance of the a.gread. Freeway illumIna.tion system. shall be tle rec- ,onsl—
bil.ity of the Oity and the State will provides fifty Tear cent (50%) Of such main—
t+ems^,ne e roert ba%east ixpo,n an agreed contractual r"lgtionshir with the 01ty.
'he `.A,,tO ',All r-t it:, sawn expense sweep and. othearwitae keer the project in a
clean condition.
Maintenances work by the State shall be performed. only *nes long as the Project
is she route of a Aate hi,ghvy, and. it Jr understood and. Pgreeed between the
lwrtieas hereto thr t all obligations of the "tater and the ':its' s.s created herein
shall terminate If nei when the project is no long the route of 'Aa.tea `ighvay.
Future 7treaeat Oro-,zing
2t in a ndearptood and agroodt bo*"n the -Parties hereto that 'thee City will reafro-tin
on its rArt *,nd will prohibit any ethor third *warty from carrying .any present or futures
street across or into the Frtsloay at grade excerat as "-y be shown on the sketch a ttnchead
hereto axa,d marked e' ahibir P. This provision catcall not rreavent the City from con—
structing, such u;nderpa.sset or overpass** in the, f'tjtnre ess� ma. y be necesmary to relieve
traffic 4ehean ,flans and t-eciific�,Aions have been a-iproved bar the "te►tea.
I omnfficea.ti,on
They r ity agrees to indemnify the Stn tee q ,ainst eny ,qmd s1l deaaa,ges and cl�.i�s
fear da: ,g,eas tc adjoining, abutting, or other pror;erty for which the State is or m!a,y
be liable Arising out of, incident to or in any way connected with thus inst:all.ntion,
the construction, the exi%teneees, the use nnalor irasinteeatnoe of such project and doeeel
- 4- RECEIVED
_'i J 21 1954
hereby P.gree to indemnil'f the Stn,te ap
ainst nny P.nd all court costs, attorneys' lees
rind all exrenses in connection with suits for such damage and thp.11, if reouested to
do %o in writing, nsaist or relieve the :tate from defending. any such waits broiight
ap.
.p.inet it.
Nothing in this agreement shill be construed to rlsce q.ny liability on the pity
for rersorval injuries arising mat of the construction of such nroject.
Nothing Iterein contained shall be construed to unon the SStet aur manner
of liability for ir4ury to or death of 'papt
ersons or for dnxRge to or logs of prerty
nrising .out of or in sny manzer connected !-7ith the imp intevxnce or nse of the project,
and the Gity will save the State harriless from any damm.ges arising fr - i m inten.
ince n.nd/or use of said project. or staid a
It is further understood and Ar between the parties hereto tir-A the imr-rove-
,,ree4
ment and/or maintenr--ace of the .,,,roject 'by the ':,,,tate is for the sole nux',--Iose of r)ro-
viding the tr--veling public a more adequate travel facility and RMA never be the
baxis of any claim, for �V--Ute assumption, or rticipqtion in the 3,,.ra.yMent, of In'y of
the obligations of the City incurred in the im?, rovem-ent, nnrt or ,-,resent, of any
qtreet rProject.
RECEIVED
1954
the Tlartlos h;Rve hereunto a fired their si�r�Trur��, the
City Of ..��� � � h on they
....� .�. �......._.........._.�..... _.._ ._.._._�., ..._..__.... .........._ dad' of
..,-. CITY OF FORT W ORTh
CT Ty 0 IP
r4rtifitsd as exqeuter� or Cap
pur'W)be and ekfSCt Of -lctivatia ani./or
carryi- - ort the est Lblished
policl-" or wom yl.
a'mrovad ;', <6til ho 1med I the `,t itte
�*h+rs•� r.
'SID ,
Ingin+er Road DeKtga
RECEIVED
:i u N 21 1954
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