HomeMy WebLinkAboutOrdinance 2484 ORDINANCE No. 2 e�91AL RECORD
CITY ECRErARY
MUNICIPAL ORDINANCE FT. FORTH, ��.
(Construction, Reconstraotion and Maintenance)
All 01RDINANCE PROVIDING FOR THE C ONSMOTION AND MA INTMN02 OF Tim
PORTION OF _A„! HIGHWAY NO. _= IA THN CITY OFftt-
frokilm ,wea'
e 2=12TArAt ae
HIMIUMYS 1XP== TO AS MTHE P'ROJEOT" AND AUTRORI INa M CITY XWON
OB TRZ CITY TO %MUTE ,AND THE CITY SZORNMY TO AFFIX THE CORPORATE SEAL AND
AT"ST THE GAME, A CRRTAiN CONVACT li d THE CITY AND THE STATE CB TEXAS PRO-
YIDING FOR TRE. INSTAtbA'TION, CONSTROOTION. MAINTENAME, ExIST&NCE AID USIA OF
THE' SAID PROJECT: FOR THE INDSIN17IOATI ON OF THE STATE Oa T=S, BY THE C ITT,
AGAINST ALL A M GM TO ADJOINING, ABUTTING AND OTH42 PROPEEtTY, AID FOR EXPENSES
rN CONNECTIO11 WITH ANY CLAIM OR SUIT THEREOF: AID MOCLARIBG AN 1PX1MGZNCT Alm PEO-
®IDING THAT THIS ORDINANCE SMALL BE EFMTIYE FROM AND AFM ITS PASSAGE.
W IRW, the public convenience. safety and necessity of the City, and
the people of the City require thrtt the portion of Stal@ ffjAb= Far, 550 -,
be - coastrusted. Sixes Us existUS street constitutes a danger and serious
inoonventence tc the public., it is urgently reguirsd to bs remelted; and
WH AS, the City has requested the State of 'Texas to oontribute fi mn-
eially in the project: and
WHIMS, the State of Texans hot made it known to tht City that it will
assist the City in the project by furnishing the necessary funds for actual oon-
struction, reconstruction and maintenance: and by supervising construction, pro-
viding the City appr*vws the plans, grades and alignment for said projsoti and
W Ub, the City in consideration of the providing of said prgjost,
agrees to Indemnify the State of Texas against all damages or claims for daunge
to adjoini%e, abutting or other lvoperly for which the State is liable, arising
out of, incident to, and in any way connected with the installation, tb,^ „_ con-
struction, the ezistence, the use and r .latenaance of the project or the passage
and enforcement of this ordinance.
NaW THIS XRMZ, BE IT ORAAINI+D BT TIN CITY COUNCIL:
SZOTION 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-
s true ted.
SEOTIO'N 2. That the State of Texas be and to hereby authorized to
enter upon Fonetraat and maintain the project at the location and in the
manner shown on the ploAs, attached hereto and marked "Exhibit A" and made a
part hereof in all respects.
aBOTION 3. rMt nothing in this ordinance shall be construed to obli-
gate the Stare of Texas to joy any direct, incidental, or oonsequental damages to
adjolalug, abutting or other property in enforcement of this ordinance or by reason
of the installation, _-,,,,,,,, ooffistrution, existence, use and maintenance of the project
authorised herein.
SXCTICN #. for and in consideration of the natual covenants herein een-
tamed, the City does hereby agree to indons ► they State of Texas against all
damsgto and claims fai dames to &4jrelaing, abutt-leg, or other propwlr for which
the State of Texas is liable, arial" vat of, incident ie, or in any vay connected
with the !as tally ti on, the „ �e ens true ti nit, existence, not and maintsnaftl of
said project and does hereby -agree to Ind4nniiy tits State of '!bias a4linst all
court costa, attorneys' foss and. all expenses in aonneation v1th suits for evch
damages, and sA&li,. if reqi%owtod to do so in writing, &*slat or rollovo the State
of Texas f rem d+sfending any such *exits broaght Winat it.
3301101 3. Nothing orsatatnod barer shell over be oonstrood to plase
upon the State of Texas ashy w-unear of 110111ty for inJwy to or deatb of persons
or for damages to, or loss of property & rising out of or in wW mu ner sonnootod
with the ma lateness* or ns a of the project &Ad the City will save the S is to of
Texas harmless from any damages arising out of said maintenance madior use of
said project,.
$NOTION 6. The City Nanager of the 411y' bo and is hereby stuthorised
to execute for and on behalf of the City an agreement and es antrao t wi tb the State
of Texas in accordance with and for the purpose of carrying out the terms and pro-
visions of this or in^n", in the form attached hereto and marked Olxhl,bit 8".
The City Recretary is hereby directed to attest the agreement sad contrast and to
affix the proper seal of the City beret*.
SMOTION p. The City Manager of the Qi1W, having requested in
writing that this ordinance take effect forthwith sad there being in fast an
emergency and Imperative necessity that the work herein pretided for be begun
and carried out prmptly and with etrpedition and that they aoatmat aforesaid
shall be immediately sad*, examted egad delivered to the end that suck work herein
provided for my be begun and carried out promptly and with expedition. The reMd-
ing of the ordinance on three severe►l daps Is hereby dispensed with and the ease
shall be in lull fares and effect free and after its poLssenge.
City of Fort Worth Secret&ryls Contract 1924
INICXPAL CONS MOTION ASHT
(Oembination Coastriwtion. Reconstruction and Mainteasaae)
STA?P-' of T.MS
COC}M OF TARRAIT
This agreement made this 7/4 of 1"?. by and
between the State of Texas, hereinafter referred to as the +'State", party of the
first part, and the City of Fort Worth. Tarrant County, Texas, acting by and
through its day authorized officers under an erdimace passed the r7-��d41
of ,e,��, 1947, hereinafter called the *City*, party of the second part.
V I T N B S S B T H
Whereas, the City has regnested the State to contribute Man ial aid in
the improvement and/or maintenance of O%J1 H&gbMZ 550 f.M.. Jai .
within such
011y and has by proper ordinance authorized the State to enter upon and improve
wwor maintain or assist the City in the improvement and/or maintenance of said
project described above, and
Whereas, the State Aighway Commissions under date of
Approved a Ron� prodraw of work which includes the project described
above, and
Whereas, the State Highway BSinser, acting for and in behalf of the
State Highway Commiseion in activating such program, has made it known to the City
that the State will assist the City in the Improvement and/or maintenance of said
project by f uvishiag the thads s�T.o"ry .1►o„Qonstract, reconstruct or gtherNtse
place said project to properly serve motor vehicle traffic thereon
by preparing plans for said improvement and supervising the construcdioik, recon-
strnotion or betterment work as provided in said plans or may be provided In said
plans conditioned that the City; as contemplated by Senate Bill 415, Acts 46th
Legislature, Regular Session, will enter into an agreement with the State for the
purpose of determining the liabilities and responsibilities of the parties with
reference thereto, determining and providing adequate and appropriate means for
the rootlation of traffic, policing and maintenance of the project upon comple-
tion, and, provided fhrther, that the City approves the plans, specifications.
alignments and grades of the project, and. provided further, that the City will
indemnify the State against all dam &&* to adjoining, abutting or other property
aocasionod by or resulting from the installation. oonstruation, existence, use
or maintenance of said project and the passage and enforcement of the ordinance
herein referred to.
A d R R R M A N T
Now therefore, in consideration of the premises and of the mutual cove-
mutts and agreements of the parties hereto to be by them respectively kept and
performed as hereinafter set forth, it is agreed as followst
The State, as its contribution to the improvement of said project, will
propane or provide for the plains and specifications, advertise for bids, an. let
the construction contract, or otherwise provide for the aonstrwtiol, and will
impesmrise the construction, reconstruction or betterment work as required, 1' said
plans, and. will pay the cost of those items Indicated on the plans as to be paid
for by the 9 to to,
As long as the project is a designated highway, the !State will maintain said
project except those portions as may be made the City's obligation as mutually
agreed too by the parties hereto.
The State, will maintain said project or such portions thereof or exten-
sions thereto as may be indicated on said plans for State Maintenance, and mob
other portions as may be mutually Feed to by the parties hereto.
The City, in consideration of the mutual covenants herein contained,
does hereby agree to and does hereby authorize the State to improve or assist in
the improvement of said project at the location, to the grades and in the manner
shown on the plaits, which plans when approved by both parties hereto will be
attached hereto, marked "Rzhibit As and beetome a part hereof is all respects.
The City will provide for said project a right of way tree of all ob-
strostioas and of a width sufficient to properly provide for the improvements
shown on the .plans, without cost to the State and will not, in the future, pormit
encroachments on said right of way and will acquire from adjacent property owners
such access rights as may be necessary to permit the project to function as designed;
i.e.; two-way traffic on the Service Roads and one-war traffic on each of the free-
way Roads with no traffic crossing the freeway Roads at grade, and with entrances
and exits to sad from the TrooW Roads as shown on fshibit "A", or such modifications
'Ks may be agreed upon later.
The City will provide at its own expense or at the expense of parties
other than the State for the installation, raising, lowering. removal or other
necessary adjustment of any and all utilities or services, whether publicly or
privatoly owned, as may be necessary to permit proper improvement, maintenance and
use of said project, and, failure of the City to promptly carry out this provision
upon the written request of the engineer shall, if such delay results in additional
ezvouse to the State, be the direct charge and oblation of the City.
The City agrees to pay or cause to be paid to the State promptly the cost of
making repairs to the subgrade or surfacing made necessary by reason of the instal-
lation, repair,, remeval, or adjustment of any such publicly or privately owned
utilities or services, which may occur after the completion of the project.
-2-
No such installations or repairs are to be made thra open cuts in the pavement
except in case of extreme emergsnay.
The City agrees, if and when permitted by State Law, to pass an ordinance
fixing the speed limit at 45 miles per hour on the Freeway traffic lanes and prohibit
the general use of the Freeway lanes by vehicles traveling lose than 90 miles per
hour, aul to maintain prevniling City traffic regulations on all other portion* of
the project.
The Oily will at its own expense .maintain all street lights, traffics lights,
and sIWI devices on said project, and swoop, flush and otherwise keep Ia .a clean
sad sanitary condition that part of the project designated as Service Roadt on
%hibit $AN.
The Oily agrees to sxecute all work, either construction or maintenance, at
Its own .sost and expense, shove on the plans approved by the City and the State, which
is or may be Indicated on such plans as the respoasfbility of the City.
The City a&"a to indemnify the State agaliast any and all damages Pad
claims for dame to adjoining, abutting or other property for which the State is or
may be liable arising out of, incident to or In any way connected with the Installa-
tion, the constractin*i, the existence, the use sad/or maintensnee of such project
and does hereby agree to indemnify the State against any and all court poste,
atterneys' fees and all expensss to connection wltb suits for such damege ae shall,
if requested to de so in writing, assist or relieve the State from defending any
su►eh suits brought against it.
Nothing herein contained alml,l be construed to place vpon the State any manner
of liability for injury to or death of persons or for damage to or less of -Poperty
arising out of or in any manner connected with the raintee►ra.noe or use of they pro-
Jost and City will save the State harmless from asy damages arising from said
maintenance and/or use of said pr*ject.
It le understood and agreed between the parties hereto that the City by
virtue of the provisions of its charter and the lave of the State of Texas bait ex-
elusive control of and jurisdiction over all streets and public ways vitbin the cor-
porate limits of such city and that the City has re{uosted anO conneated to the con-
strrtion of the above project horeinabove named and the State in the construction
of the above psrojeot does so at the special instance and request of the City. The
location, grades and manner of construction shown on the placed attached hereto avid
marked "Exhibit AN are made a part hereof. In case of conflict between this agree-
ment and said pleas, the pl ms. shall govern.
Nothing in this agreement shall be construeA to rinse any liability on
the anti► for persemal injury arisiAC out of the construction of such project.
It Is understood and geed between the parties hereto that all obligation
of the State, created herein, to maintain the hersinabove described project shall end
and, torminete if and vhen the State shall abandon, aaacel or relocate such destination.
It is further understood and agreed between the parties hereto WA the im-
provemont eurt/or maintenance of the above project by the State is for the sole purpose
of providing the travelllft public a more adequate travel facility and shall never be
the basis of any claim for State asstmaption, or participation in the payment, of any
of the obllgRtione of the City incurred in the improvement, past or present, of this
project.
r3.0
is HITMS WRIM307, the parties have hermato affixed their sigmatures,
the City of UP W on the
day of �'�3 .: . �.+ 191 and the �i
Dopartmeab fa tm 01,1,0. day of 1947•
FORT WIC
� �f. � * vr�Y3jVL4vr'1'F,f��
Title f aignimprofftotal)
APPROVIDI THE $UTZ OF MAS
gate Highway *fir
a�
�7-
Osilluan'- state Highway Qomissien
AMOTAL UaaHKMNXMM
r--
Member, State HIghaay Commission
0
r-�na�er
Number, $tato frigbway Comoismion
Ho to i Any official, signing for and on behalf of a
wAnta 1pality should attach an original, or authenticated
copy of ardor, resolution, ordiammoe, or charter provision,
or a citation to stat+ate, under the authority of which this
eesresment is ezoomtod. Mach agrement should be esomted
In quadruplicate.
STATE OF 'SUS
COUNTY or %XMf
1, eo the ftly appointed
quallfI*& and aetim city searotary of the Giiy of sat. 'mite
Texas, hers'by oortif'g' that the foregoing pages oaustitnte a trae aad correct
copy of an ordinaaas duly passed 'by the City Coueil at a aseting hold on
26th day of November , A. D. , 19 47 at 9,9:30 oteloeh Alt.
Ift oeviif°j whigh, wItaess mW hand aad seal of the City of ZKt
Tozas, this h "y of November
at __wort iorth T aas Texas.
01ty dooretary of the City a
Fort Worth, Texas