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HomeMy WebLinkAboutOrdinance 3912 r t CITY OF FORT WORTH MUNICIPAL ORDINANCE NO. 3912 (Construction and Maintenance) INTERSTATE PROJECT AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF HIGHWAY NO. 120 IN THE CITY OF FORT WORTH, BETWEEN THE FOLLOWING LIMITS, TO WIT: FROM LAMAR STREET TO I.H. j, AS A CONTROLLED ACCESS HIGHWAY AND AS A STREET, HEREINAF'gE� TO AS "THE PROJECT" AND AUTHORIZING THE CITY MANAGER OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME. .A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF SAID PROJECT AS A CONTROLLED ACCESS HIGHWAY AND AS A STREET, AND DETWENING THE RESPONSIBILITIES 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, I. 20, from Lamar Street to IH 35W, be constructed, since the existing condition constitutes a serious inconvenience to the public, which it is urgently required to be remedied; and WHEREAS, 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 Controlled Access Highway. 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 Controlled Access Highway as defined by House Bill No. 179, Acts 55th 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 construction plans to be attached hereto, marked "Exhibit All., and made a part hereof in all respects* SECTION 3. The City Manager 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 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 con- struction contract by the State. The City Secretary is hereby directed to attest the agreement and contract and to affix the proper weal of the City thereto. SECTION 4* The fact that there is an imperative necessity 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 Mayor having in writing declared the existence of such emergency and requested such passage, this ordi- nance shall be passed finally on the date of its introduction, this July 25th , A.D., and shall take effect immediately upon its passage and prova the Mayor. STATE OF TEW COUNTY OF TARRANT I Bpv * �,tee�n , the duly appointed, qualified and acting City Secretary of the City of Forth , Texas, hereby certifg that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held on July 25th , A.D., 195 $ , at 9s00 O'clock A. M. To certify which, witness my hand and seal of the City of Port Worth ,Texas, this ibmt 25th day of July , 195,g_, at Fort Worth , Texas. I I SEC ,TARY OF THE CITY OF FORT 110=- , TEXAS THOMAS A. MCCANN, MAYOR COUNCILMEN COUNCILMEN J. J. LYLES _ JESSE E. ROACH A. A. (GUS) JACKSON JE MRS. M. M. MCK NIGHT Ounr ®ip �® r-W® M ON JOE B. OWEN PUBLIC WORKS DEPARTMENT1C. M. THELIN, DIRECTOR VJuly 21, 1958 CI Mr. J. F. Davis Re: Interstate Highway No. 20 City Manager between Lamar St. and Building Interstate Highway No. 35 W Dear Sir: In your letter of February 214, 1958, to Mr. D. C. Greer, State Highway Engineer, you requested information regarding present policies of the State Highway Com- mission covering participation by cities in the construction of freeways and the necessity of execution by the cities of Municipal. Construction and Maintenance Agreements. Mr. Greer advised by letter of March 7, 1958, that it continues to be the policy of the State Highway Commission to require the Municipal Ordinance and a Municipal Construction and Maintenance Agreement as in the past. The State will provide for the cost of relocation of sanitary sewers in the right of way. Based on the present highway policy, the City will be responsible for the relocation of all other utilities. It is estimated that the Fort Worth Water Depart- ment will be required to spend approximately $80,000.00, in the relocation of its lies because of the construction of the East - West Freeway, Interstate Highway No. 20, in the downtown area. Any adjustments, removals, or relocations of utilities, for which State cost parti- cipation may be requested, shall be covered by separate agreements. Under the present State .Policy, the cost of relocation of sanitary.sewers is paid by the State. It is possible that a revision in this policy may be made after a court trial, such that the State would pay for relocation of water lines also. Attached are six (6) copies each of a proposed Municipal. Ordinance and a proposed Municipal Construction and Maintenance Agreement, whbh provide for the construc- tion and maintenance of the portion of Interstate Highway No. 20 in the City of Fort Worth from Lamar Street east to its intersection with Interstate Highway No. 35 W. This is the East-West Freeway in the downtown area. The proposed Municipal Ordinance authorizes the State of Texas to construct and maintain the project as provided for in the agreement and authorizes the City Manager to execute the Agreement for the City of Fort Worth. The Municipal Construction and Maintenance Agreement contains most of the usual provisions, and includes the following: Mr. J. F. Davis -2- July 21, 1958 1. The State is authorized by the City to construct, or to assist in the construction of the project at the location and in the manner shown on the construction plans. 2. The necessary additional right-of-way would be acquired by the State at its expense. The City would be required to co-operate under certain conditions and would permit the use of City Streets where needed. 3. The State would provide for the adjustment or removal of arty existing utility if the project encroaches upon the right-of-way acquired for the particular utility purpose. The City would provide for the instal- lation or adjustment of all other utilities or services except sanitary sewers. 4. The State would furnish the engineering services and would handle the construction contract. 5. The State would pay for all construction, except that the City would be required to participate in the cost of part of the drainage system. The traffic signals on frontage streets would be constructed by the State and would be operated by the City. The construction of a street illumination system would be a joint responsibility of the State and of the City and such responsibility would be determined by a separate agreement. 6. The City would pass and enforce ordinances regulating the parking of vehicles and providing for one-way traffic operations on all frontage streets for the entire length of the project when required by the state. 7. The State would maintain all pavements, and structures, and most of the drainage facilities. The City would be responsible for maintenance of any drainage facilities outside the right-of-way. The Maintenance by the State would be performed only as long as the project is a State Highway. In order to avoid any delay in the construction of this project' we recommend that the attached Municipal Ordinance be passed by the City of Fort Worth and that the Municipal Construction and Maintenance Agreement be executed for the City. Yours very t , . TIMI, PUBLIC WORKS DIRECTOR WAS:mle Attachs. cc - Mr. R. E. Rouer, City Attorney Mr. H. C. Michael, Commissioner of Accounts Mr. T. R. Buckman, Traffic Engineer