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HomeMy WebLinkAboutResolution 1266 A Resolution NO. _9?? WHEREAS, all abutting property owners have requested, by written and signed petition, that the City physically close, for the temporary period of 110 days, at such property owners' expense, the section of Darcy Street, from Clifton Street easterly 436 feet, said portion of Darcy Street being located adjacent to and between Lots 11-17, Block 3 and Lots 3-11, Block 6 of the Van Zandt Hillside Addition as recorded in Volume 204, Page 4 and Volume 388-37, Page 598 of the Plat Records of Tarrant County, Texas; and WHEREAS, the Director of Transportation and Public Works of the City of Fort Worth has reviewed this request and recommends that the subject portion of the street be temporarily closed for 110 days as requested; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the portion of Darcy Street that runs from Clifton Street east 436 feet and which is located adjacent to and between Lots 11-17, Block 3 and Lots 3-11, Block 6 of the Van Zandt Hillside Addition to the City of Fort Worth, Texas, be physically closed for 110 days by means of a barricade at the easterly end of the closure and a controlled access structure at the intersection of Clifton and Darcy Streets, at the abutting property owners' expense, with the City to retain title to the public right-of-way in said street, including any and all easements for existing and prospective utility facilities located in the aforesaid portion of said street. In addition, the City reserves the right at the sole discretion of the City Council, to reopen by resolution the aforesaid public street and right-of-way to public travel at any time by directing the removal of either the barricade or the controlled access struc- ture or both, all costs and expense of said removal to be borne by the aforesaid abutting property owners. This resolution shall not become effective until the Texas College of Osteopathic Medicine ("TECOM") executes a written agree- ment with the City of Fort Worth in which TECOM agrees to assume all maintenance responsibility for the portion of Darcy Street to be closed during the pendency of its closure and, if necessary, there- after, in order to restore the street and any other part of the right-of-way affected by this resolution to at least the condition O cYTY or FORT WORTH it was in prior to the physical closing; in addition, TECOM shall agree therein to assume all responsibility for and indemnify, re- lease, defend, and hold the City harmless for any claims, lawsuits, damages, or other adverse consequences related in anyway to TECOM'S ' USE OF Darcy Street or this physical closure thereof. PASSED AND APPROVE y the ty Council of the City of Fort Worth Texas, this ,? day o 1987. APPROVED BY CITY COUNCIL SEP 29 1997 U44-_' C5V a civ a rawwadA, ' aff or FORT WORTH