HomeMy WebLinkAboutOrdinance 3880Form 1002 18
v� ���� lJt, i'�l/ i� �;i�r t'.
MUNICIPAL ORDINANCE _;�;�. _����"`��`
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR 'I'HE hE CONS'I`RUCTION AND MAINTENANCE OF THE
PORTION OF S. HIGHWAY N0. 183 IN THE CITY OF, Fort Worth. Texas
(',-i 'h,�r l�lana cr�� �
HF;RFINABOVE REFERRED TO A,5 "THE STREET PROJECT" AND AUTHORIZING 'I`HE :i�t� 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 STA'I`E OF TEXA,S PROVIDING FOR THE
INSTALLATION, hF CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF '1'HE SAID STREET
PROJECT; FOR 'I`HE INDEMNIFICATION OF TTgEE STATE OF TEXAS, BY THE CITY, AGAINST ALL
DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION
WITH ANY CLAIM OR SUIT 'I'HEREOF; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS
ORDINANCE SHALL BE E�F'ECTIVE FROM AND AFTER ITS PA,SSAGE.
WHEREA,S� the public convenience, safety and necessity of the city, and the
people of the city require that the portion of S.'_�,,ry. 1Vo. 18'� (I�TE 28th Street)
be r�_ constructed. Since the existing street constitutes a danger and serious in-
convenience to the public, it is urgently required to be remedied; and
WHEREAS, the city has requested the State of Texas to contribute financial-
ly in the street project; and
WHEREA,S, the State of Texas has ma,de it known to the city that it will
assist the city in the street project by furnishing the necessary funds for actual
construction, reconstruction and ma,intenance; and by supervising construction, pro-
viding the city approves the plans, grades and alignment for said project; and
W�REA,S, the city, in consideration of the providing of said project,
agrees to indemnify the State of Texas against all damages or claims for damage to
adjoining, abutting or other property for which the State is liable, axising out
of, incident to, and in any way connected with the installation, the re construc-
tion, the existence, the use and maintenance of the street project or the passage
and enforcement of this ordinance.
NOW 'I'HEREFORE, BE IT ORDAINED BY 'I'HE CITY COUNCIL:
SECTION l. That since the public convenience, safety and necessity oi the
city and the people of the city require it, said street shall be_ re --constructed.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon, re construct and maintain the street project at the location and in the manner
shown on the plans, attached hereto and marked "Exhibit A" and ma.de a part hereof
in all respects.
SECTION 3. That nothing in this ordinance shall be construed to obligate
the State of Texas to pay any direct, incidental, or consequential dama.ges to
adjoining, abutting or other property in enforcement of this ordinance or by
reason of the installation,�_.construction, existence, use a,nd maintena.nce of
the street project authorized herein.
1
_
Form 1002 19
SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the cit,y does hereby agree to indemnify the State of Texas against all
damages and claims for damages to adjoining, abutting, or other property for which
the State of Texas is liable, arising out of, incident to, or in any way connected
with the installation, the re construction, existence, use and maintenance of said
street project and does hereby agree to indemnify the State of Texas against all
court costs, attorneys' fees and all expenses in connection with suits for such
damages, and shall, if requested to do so in writing, assist or re_lieve the State
of Texas from defending any such suits brought against it.
SECTION 5. Nothing contained herein shall ever be construed to place upon
the State of Texas any manner of liability for injury to or death of persons or for
damages to, or loss of property arising out of or in any manner connected with the
maintenance or use of the street project and the city will save the State of Texas
harmless irom any damages arising out of said maintenance and/or use of said street
project.
Ci�y t°ianage�
SECTION 6. The � 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 carr,ying out the terms and provisions of
this ordinance, in the form attached hereto and marked "Exhibit B". The City
Secretary is hereby directed to attest the agreement and contract and to affix the
proper seal of the city hereto.
SECTION 7. The Mayor of the city, having requested in writing that this
ordinance take effect forthwith and there being in fact an emergency and imperative
necessity that the work herein provided for be begun and carried out promptly and
with expedition and that the contract aforesaid shall be immediately made, executed
and delivered to the end that such work herein provided for may be begun and
carried our promptly and with expedition. The reading of the ordinance on three
several days is hereby dispensed with and the same shall be in full force and
effect from and after its passage.
2
STATE OF TEXA,S
COUNTY OF Tarrant
I,
�
�
��.�� y �i d:��a', c�? �'a; �
qualified and acting city secretary of the City of
Form 1002 20
, the duly appointed,
Fort �ilorth �
Texas, hereb,y certify that the foregoing pages constitute a true and correct copy
of an ordinance dul ��d''� �v� 5�
y passed by the City Council at a meeting held on
, A.D., 19 ' , at ��,�� o'clock �� M.
To certify which, witness my hand and seal of the City of Fort Worth
TEXA�S, this'>,,;due; t,'i<, "�t,`: day of �_ __ , 19 -'�'' , at
F''ort. Wnri:h Texas .
Ordinance (Highway Projects)
��;��� �_
���� _ f ��G� , �.� a
City�ecretary of the City of
Fort Worth Texas
3