HomeMy WebLinkAboutOrdinance 2676 MUNICIPAL ORDINANCE
(Construction, Reeonetruetion and Xmintenance)
AN ORDINANCE PROVIDING FOR THE COASTWOTION AND MAINTENANCE OF THE
PORTION OF U. S. HIGHWAY 81 11 THE CITY OF FORT WORTH FROM
Rosedale to.Mornlagstde Drive
HEREIWOVE R77ZRW TO AS "THE PROJECT" AND AUTHORIZING THE CITY MANAGER OF THE
CITY TO E=UTE AND THE CITY SECRETARY TO AFFIX THE COE'ORATE SEAL AND ATTEST THE
SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR
THE INSIMLATION, _ CONSTRUCTION, MAINTENANCE, EXISTENCE AND USE OF THE
SAID PROJECT: FOR THE IRDIMPICAT101 07 THE STATE OF TEXAS, RY THE CITY, AGAINST
ALL DAMAG2S TO ADJOINING, AWTTING AND OTHER PROPERTY, AID FOR EXPENSES IN COA -
TION WITH ANY CLAIM OR SUIT THEREOF: AND DECLARMG AN EMERGENCY AND PROVIDING
THAT THIS ORDINANCE SHALL ffi EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the public convenienOe, safety and necessity of the City, and
the people of the City require that the portion of V. S. Highway No. 81 froa
Rosedale to Morningside Dative be constructed; Since the existing street constitutes
a danger and serious inconvenience to the publics, it is urgently required to be
remtdied; and
WH]MEAS, the City has requested the State of Texas to contribute financially
In the project; and
WiMMS, the State of Texas has made it known to the City that it will
assist the City in the project IV furnishing the necessary funds for actual con-
struction, reconstruction and maintenance; and by supervising construction, pro-
viding the City approves the plans. grades and alignment for said project; and
WHEREAS, 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 adjoin-
ing, abutting or other property for which the State is liable, arising out of, inci-
dent to, and in any way connected with the installation, the aanxtraction,
the existence, the use and, maintenance of the project or the passage and enforcement
of this ordinance.
NOW ARE, BE IT ORDAINED DY 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 con-
structed,
SNOTION 2. That the State of Texas be and is hereby authorised to enter
upon _ construct and maintain the project at the location and in the manner
shorn on the plans, attached hereto and marked "Exhibit A" and made a part hereof
In all respects.
2
SECTION 3. That nothing in this ordinance shall be construed to obligate
the State of Teals to pay ary direct, incidental, or consequental damages to adjoin-
ing, abutting or other property in enforcement of this ordin"ot or by reason of
the installation, construction, existence, use and maintenance of the project
authorized herein.
SECTION 4. For and in consideration of the actual covenants herein con-
tained, the City does hereby agree to indamnify 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, wising out of, incident to, or in any way connected
with the installation, the construction, existence, use and maintenance of
said project and does hereby agree to indemnify the State of Texas against all court
costs, attorneys' fees and all expenses in couneation with suits for such damages,
ard shall, if requested to do so in writing, assist or relieve the State of Texas
from defending any such suits brought against it.
SECTION 5, nothing contained herein shall ever be construed to plane
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 project and the City will save the State of
Texas harmless from any damages arising out of said maintenance and/or use of
said project.
SECTION b. The City manager of the City be and is hsreb® authorized to
execute for sad 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 provis-
ions of this ordinance, in the form attached hereto and marked "Ibchibit B".
1
The City Beerstary is hereby direated to attest the agrewent and contract and
to affix the Proper seal of the City hereto.
9MTION 7 . The City kasagar of the City, ha4ing requested in writing
that this ordimmes take effect forthwith and there being In fact an emergency
and imperative necessity that the vozk herein provided for be began and carried
out prwQtay srA with expedition and that the contract aforesaid shall be
immaediateiy made, executed and delivered to the and tbat such work herein
provided for may be 'began and Oarried out premWtly and with expedition. The
reading of the ordinanae on three several days is hereby dispensed with and the
same shall be in !mil force and effect from and after its passage.
STATE QT TEXAS
COUNTY OF TARBANT �
I, H. S. BIRDSONG the dn7.y appointed
q"lified and acting city secretary of the City of j**, M tbL
Texas, hereby certify that the foregoing pages constitute a true and
correct copy of an ordinance duly passed by, the City Cotmcil at a meeting
hold on Z-` ,�A. A. . 19j!�w., at .3'D o 1 clock
To certify which, witness vY hand and seal of the City of Fort
1p
Worth, Texas, this , day of .......* 19„ ;,
at Fort Worth, Texas.
City Secretary of the Cio of
m fta,, . Texas.
ell 't.p
ICVAL COSST WCTIOH A4121M 1'
(eambluation eoustrapaa3tion, 8eocnattroat1en eat Haunt *)
STATZ Or M
COURT of TURM
This agrlte®+ant cads this day of lq�ug, by and
bets the state of Tmass hereinafter rsferrod to as the "dtstee, pWtr of the
first parts and the City of Yo rt Worth, Tarrant Caunty, Ti as, acting V and
tbrough its d r authorlsed offloors under an ordinance passed the Z
of ,�.,..,, .,�. 190. bsrsinarttor callod tho "City*, p" of the s000nd part.
glIg13S2TI
poi, the Mir hae a ssW teas State to contribute finaostal odd in
the Improvement sWor malutonsues of
within sttok !Stir and has IV proper ordinance stxthorised the State to enter upon and
Improve aWor maintain or assist the C147 In the Uprowment "/or wintsname of
said pro$oet described a'tores and
Whereas, the Mate RIghway Comissiou under date of
Approved are . .Soda, Program of work Odch Includes the project dssaribed a'lbove.
and
'l ;. the State MgbwW logineor, acting for sad in Imbalf of the
State gigbwW Comiasiou In activating mook program, has w4s it known to the City
that the State will assist the City in the ispravement and/or maintenance of said
parojoot V ftrulstdng the toads nseossary to coast7ruaat, reconstract, or otherwise
place said prjeet in a condition to mil► som motor vehiclat traffic bersou
bir,prspa ring plane for odd Iap r,rrvYMttent and st orvisixg the oonstruction, recon-
stroation or botteswat wo* as providyd In said Mans or mW be provided in said
plans conlitioned that the City, as souteeplated by $mate hill 415, Asts 46th
tecistatomt Mar Ssssim will outer Into an agreement with the State for the
pvxpose of dotsranining the 14a16311ties sad responsibilities of the parties with
reference thorsto, dotondAlang and providIM acdoaaty and appropriate means for
the aregpalation of traffio, pslioing and maintenaanoe of the project vVen ewple-
tion, sad, provided tharther, tbLt the City spprovos that per, sperlflastiona,
allaments and grades of the project, and, providod ftrtba r, tbat the City will
lnde Ify the $tat* against all des to adsaianlag, abutting or othe r preporty
occasioned 1W or r# ►ltIM from the installatiov4 constraationf existsnee, use
.. 1 ..
or maintenance of said project and the passarge and onforcemoat of the ordinance
heroin referred to.
New the r4ere, in consideration of the premises and of su mutual sore-
rants`and agremowts. of the parties hersto to be by thou rospectivoly kept and
performed an hereins:ttaer sot forth. it Is agreed as foliowes
The State, as its contribution to the improvemeat of said project, will
prepare or provide for the plans and spostfloations, advertise for bids, and 1st
the construction contracto or otherwise provide for the construction, end ,will
snperviso the construction, reconstruction or botterment work as requlrod by said
plans, and will pay the cost of those Items_ indieated on the plans an to U paid
for by the State.
As long as the project is a designated highway, the State will mtntain
said project except these portieas as m W be made the CtW's obligation as matdunaly
cod to 1y the parties hereto.
The State will maiatain said project or smash portions iheroof or eaten-
sions thereto as may be Indicated on said plane for State MnlastAmSA-ftc.�sad Such
ether psrtleace assay bo matually wood to ty the parties horoto.
The maintenance be limited "access" or traenoversely bS the s'ihe of Sicpe".
"'Pep of rill" or back of service street curb, as the case may be, fte State will
maintain and operate the Uprossw y Idgbting opplienoas, inslutng those in the
Immediate vicinity of Timdfic Interobo ago Facilities, except Street bighting
Appliainres, mad Traffic Control Signal Devices on Service Streets.
The City, In consid ration of the mutual covenants herein contained,
does lierebyr agree to and does boreby outherive the State to iamprevo or assist in
the Improvement of said project at the location, to the grades and in the mnannor
shown on the plans, which plaaa when approved by both parties hsrotce will be
attached hereto, marked M&Abit"A" cad become a part bereef In all respects.
The City will provide for said project a right of way free of all ob-
structions and of a width sufficient to properly provide for the improvoments
slats on the plmwq without cost to the State and will not, in the fatwro, permit
encroachments on said right of way and will acquire from adjacent property owners
such access rights as nay be necessary to permit the project to function as designed:
is e.L two--_wow traffic on thin E st ..Saute and one-wtw traffics on osaah,of tl'+dL froe-
riay Re Ads with nee tsaffIi crossing the Freeway heads at grarde# and with entrances
a WAs to and ffrbw t`lie'7Vb wiW- IWsdu as Mown on ?�thiblt "AO. or such abd'ifidations.
as may be agreed upon later.
. The City will previds at its own espenes or at the mouse of parties
Other than the Stater for the Inetallatton, raising, lowering, removal or other
necessary 8dJUtwent of mq,ass. all utilities or services, whether publicly or
prlvately owned, as WWI* necessary to porott proper isprot*emaont, uaintenarse and
use of said project, and failure of the City to progKly carry Out this prevision
9VOU the wnrittsu re est of the engineer shall, if such delay rosnits in additions
eaponse to the State, be the direct charge and obligation of the City.
The City sgreas to pay or cause to be paid to the, state promptly the dolt
Of MAkIxag repairs to the suhCrade or surfacing sale necessary► by reason of this in-
otallatirsn, repair, remarral, or adjustment of arV such publio.4 or privately owned.
utilities or scsvicss, which may occur after the completion of the project.
- 2 -
pe such installations or repairer are to be msAe tbroagh open cats in the pavement
except in case of extreme smergency.
The Ci%y gees. it and when paraittsd 1W State Wl,, to pass an ordimmee
fiai the gpood limit at 45 miles per boar on .the ?sfeM y traffic ]acmes and probibit
- w— evnertl use of the fta ewaay lam** 1w vebicleo traveling less than 30 miles por
honor, and to madattain prevailing City traffic regulations an all otbar portions of
the project.
The, City will at its own eapehse maintain an street lightirg applianoose
If arq, and all 'iWfie Control Signal Devices on that pert of the project designated
am Service Sheets, on fthibit W.
Me City agrees to aseeute all work, either construction or maintenance,
at its own coat and eaprfnes, obown on the plans approved by the City and the State,
which is or may be indicated on suah plans as the "Opoustbility of the City.
The City agrees to indeaenify the State against wV and al, damages and
eUIms for damage to adjoining, abutting or other propertW for which the State to
or may be liable arising out of, tasident to or in any vW connected with the ire
stallationg the assaawtruction, the exi stem** the use sal/or maintenance of sash pro-
Jost and does bareby sgree to Womatify the State against auk► and ail court costs,
attorneys' tees and all e2ponses in cormection with Rat to for swek dowge awed thall,
If r%"atted to do so in vrtting, assist or relieve the State from defending a4r
such snots brought agodnst it.
Notbift be mein contained shall be ca mtra sd to puss upon oe State any
manner of liability for Injury to or death of pmrsane or for damage to or loss of
=ropesrty arising out of or in wW manner connected with the mai.ntorraca or us t of
the project and City will save the State hMmless from anar damages a riairg frow
said maintenance asrtd/or use of said project.
It is understood and agreed betwoon the parties hereie that the City by
virtue of the provisions of its charter and the laws of the State of Terms has ex-
clusive sent%vt of and jurisdiction over all streets and public ways witt:in the cor-
p+ievate llv$to of such city and that the City ban requested and consented to the con-
structUm bf the above project hereinabove named and the State in the construction
of the above project does so at the special instance and request of the City. "as
location, al es and manner of eoastruetion sheen on the plans attached hereto and
marked "WdbiA AN are Bade a po t• hereof. In case of conflict between this agres-
Rent and said puma, that plans skull gave".
Nothing in Lug agreement Oall be construed to place army liability on
the Citr for personal injury arising out of the construction of such,prejeet.
It to underatosa.and cg reed. betwoen the patties hereto that all oUlgation
of the $tat*# crewed bsntr4 to.maintain the ber4st06" described project shall end
and terminate if and wton the State shall atenden. camel or relocate snob designation. .
It is further understood and agreed between the parties haereto that the im-
provement SWor maintona oo -of the above project IV the State to for the sole pstr-
p®se of providing the tituralliig pmblid a more adogaaate travel facility and sbail
never to the basis of au► 40A for,$%te aseMption, at participatien in the paymento
of 07W of the'abligations of the City incurred in the improvement, past or present,
of this project.
_ 3 _
IN WITMS WHMU1)Y, the parties hays heremsto affixed their signatures,
the Cl%r, ofMan-FONLIMI t' on the
day of ,, -'� 1949 and the Highs
pepau Unat on the day of 194g.
A'1"1`U'Pt M
City of f SAT "
title of OGG Of OM
APPROM TM STATIC OT
By:
—
State Highway Tnelnoar
Chatraan, Statral gighway Comissian
APPROVAL RVCOtMVNDIDi
fir. !tlatM glen
Zaw• ftte Sbwnty commission n ?anger
NOW Arq official sighing for and ag,Vah U ae s
wtntelVitli' tr shanld attach as ovtSL%&l or authenticated
dopy of voters resolution, ordi s, or eharter provIiien•
or a nttattan to statute, under the anthtritr of vhloh this
sgree®f,mt to o3manted. Uch went abmld be executed
In qur►dresetatee�►