HomeMy WebLinkAboutOrdinance 1990 � 990
Ali ORDINANCE PROVIDING FOR TEE IBSTALLiTION, CONSTRUCTION, EXIST-
ESCB, USE AND MA.INTENANCt OF AN UNDERPA88 FUMM AT THE
TIM OF FOCH STREET AND WEST LANCASTER PE19UE ( ) IN TUE
CITY OF FORT W08TH AND ACT: ORUING THE MAYOR OF THE CITY OF FORT
WORTH TO ACUTE AND THE CITY 88CREETARY OF SAID CITY TO AFFIX THE
CORPORATE SEAL AND ATTEST TFZ 9=4 A CMA3N CONTRACT BETWM THE CITY
OF FORT WO , TEL STATE OF TEXAS AND THE ST, LOUIS, SAN Y,AWISCO
AND TEXAS BAILNAY COMPANY PSIDVIDI17G FOR THE INSTALWTION CONSTM-
TIM, EXISUPCE, USE AND MAINTENANCE OF SAID UNDERPASS PROJECT AS IN
SAID CONTRACT SXT FORM. AND SAID CONTRACT PROVIDING FOR THE PAYMENT
BY THE STATE OF TRW OF THE COST OF CONSTRUCTIIM SAID UNDERPASS P80-
dECT AND SAID CONTRACT PROVIDING FOR THE ASSUMPTION OF ALL DAMAGES
TO ADJOINING ABUTYAL IUD OTHER PROPMM AND RUSMM AND TO T
OR OCCWAVT I'"'?-'R OF AND PO,� THE PROTECTION TO THE STATE OF TIAS
AND TEE ST. LOUIS, SAN F'RANCISCO AND TEXAS AA,IMAY COMPANY BY THE
CITY OF FORT Wt7ffi AGAIM ALL SUCH DAMAGES AND E7,PF'NSES IN COKNBC-
TION WITH ANY CLAD OR SUIT THEREPOR AND FOR THE COTISTAMION OR W.-
CONSTRUCTION OF FOCH STREET THROUGH SAID UNDBNPASS PROJECT. THIS
ORDINANCE FAR PROVIDING FOR THE ASSUMPTION OF SUCH DAMAGES AND
EXP== BY THE CITY OF FORT NTH AND TEE PROTI CTION OF TEE ST.
LOUIS* SAN FiXZISCO AND TEXAS RAIIKAY COMPANY AND THE STATE OF TEXAS
BY THE CITY OF FORT WORTH AGAINST SUCH DAMAGES AND EXPENSES AIM DZ-
CLARIAG AN EMERGENCY AND PROVIDING THAT THE SAME SH= BE EFFECTIVE
FROM AND APTER ITS PASS .
on Jill w 28. I937, the City of Fort Kohl► passed an ordinance
providing for the construction and nesiantenaretee of the project Involving the
zvwt of an extanxiom to nest Lancaster Aveoene In Fort 'Werth and the
assuapticaet of claim for damages on accomYt of avid ecustrustim, and
KID , We Ci1W at Fort Worth did by a emtroat dated July 7, IN7,
Outer into an agroment with the St. Louis, am Fmlx4fto and Tbxss utlaw
Cmpaxt end the State, sa vying out the: p wlsiacams of said oMminess. and
WH9--'EAS' the Mrl�iaal. pemyeet for the extension, of West Lancaster Avenue
is shown on Exhibit wA as a^ttashed to the aforesaid ordi es and ccrntf+�,
psavided for the`ocustrwticm of said street across Foch Stnwt, vdthout any
provisims being surds for the sel►aastiaa of the grades of Fb& ftrest and
Meet Laneastee - (sartamded), and
WHIRMAX, the City of Fort Worth Is eamstr tang an athletic field and
stadian to uhiab it &sires to provide access over and upon Fogh Street and
across West Lancaster Av a (exten ed), and
WHEREAS, the proposed centerline of ft& Street will owes the West
Lane aster Avenue project at apl roxt ster2r higbway scat im 609 of the station►
Ing of the hest Leneaster Aveamwa extens1mv and
• r
1s Us safety gad Useemomw of the C
of Fort Worth and the people of midi city reydn that an umslerpaas project
be acted amd pro+rlfied at the intermeofton of Foote Street and WeaFt
IowasberAvmm (exboodea) in the ew of Fora Worth sirens a orossing of
said streets at grade mill o0astitaft a dower aad .w oBs 3aoomenimme, to
the poblie and the cpj$ phi rersy of olintmstlxag +staid dw4pr and In.
con woulans a is that of *=strusting an mmUrp ses pro josko sad
WlMMN* the +4`ity of Fort Worth brut mequestad the State to modify the
plans as pamviamrly appmwedl for the eorustrrustim of the 'Best Lassaster An-
nue -eztemilm by the oonstrawbion of an mMorprwrs at Vm i ntsrssetim of
too two egrets fnstonA of swxying out the canstrsstion an Iarl�r .
prosed and saved upon. The gmaosia design of said psnpo'Ad vnderpass is shmm
an the skstob attaahrrd Hereto narked"Ekbibit r and vale a put bersrof, and
WBMLSO the State w121 ire detailed p 1me for said maderpaset
and vhom ."Wooed b? the City of Fort Worth and the State, shall be attached
h+eareto to be d RAMt and made a part be roof, and
WHDWJS# the State of Tamts, has mods it knom to the Ctty of Fw t
Worth that it trill assist the City of For# Worth In the earurt� ewa of M
erpltss proms end tar isk the necessary fads fbr tie nct t 3 eoas#tretetion
of said underpass psaj"t,1V psspssixg pis and -10fI 4"s #mitrding of
oonstruition coutraart and supervising oo sstrustim prmidieg the Sity of Fort
Worth approee the Plume spoeinesN m�e, mac, alit and loseftm for
said project aid a!'tegr of omstruation of said pro jeot„ to malsa-
taia "Id underpass pow at its sole oast and *Qo mrs eua►4 pmwidift fu thedr
that the City of Port Worth saved to, p~ the State ,and. the Sat. Louis, San
Frammilaoo and Texts P4 loW Cam ftt my and all. il&WIty or smy and all
dear to aidjoining or abuttift pe''mpu4W or ot.h Er pmpertlr or bual yeas -oar
to aiyY taaants 000iWing seek property, oaf by tilts ln%%l l&tJM. aWSUVO.
t1mn, ems, m9 amd met— of add maderpe" pnJost or the pass-
of this off.
NR, 2FMMF ]M s Bt IT ORDAIM Wr THE CITY COM IL OF THE CITY OR
Fm waim
SestUa 1. T4ot simeo the p _-l io oanewslaw. wdVL7 and me+owmity
of the City of pout Worth and of the people of sat# ofty regoUms itrw sm
mrtdsrpm, be omstruatod and proviAed at the iahterseeti.on of Froth Oftemb and
West; L nester Awom a {,ems} In the City of Fort Worth.
Se►otlon U The general, desist of mu maderpass is that as shw m►
an the sl etoh sttsshed h omto nardrted wit de and made a pat bereof. The
State is to prepare detailed, Amu and spssif S=* for said wM erpaass
amd mhou opparom d by the City at least Worib O the State and the St. Louis, S m
F eisoo And-Tepw Rom'` Caaps3W. they are to be attaebed, to this ordla-
artoo maowltddbu 0 and ads a part of this oxamm r in oil mespostr.
Seati(m S* Tbat wild mnderps" pas t "all be e;fm"UwA d la
aa►oare a with the PLM and apeome4io w at the 106mue n't am 1mw SVNW
and the *11ga meaet to be show an the d bailed p2mat Mad sgee;Mambicias to
be p m epand by Us State sad apparovod by the My of Fort Womrth and the St.
? Es, Sam Francisco and Texas Baia W Cmpa4r.
SmotIm 4e V mct the passage of this a;rrdlawmae and the eameeextlon of
the sostraat as hwelaa proviftd, will rt in mw aw relieve the City of Fort
Worth lrm its ablIatiors as set out in ghee ordinance, passed by the City of
Fart 'Worth aaa Owe Up MY and the ooftxwft dated 407 7, l *
SaraU m S.. That nothlag !at ftis vrdimmmeo shy be geed as to
mqpdm Cite St. Lamis, Seat Mramisco sad Texas WNW Vmvs" me a the Stale
of Te=s to assume or pay mxW d1resto incidental or o canaieeapantial damps
to adjolnimg* abattIft or other propox* or b!uslaoss or to azW tenants oeear »
lag aASoImIx& abutting or otter proper* owused by,, dm*al to, or em-
neated
with the passage and onforeeaaeacat or'this arm, and/w by the
instalUtion►, eea►strastion# exiatenso, use and mriateumve at the proms
authorized herein., or to d mW alit or snits ehieh mW be bra&t spi
the a8t* %rlr"*# SataF.. Francisco send Texas Rallsryg CamsmW or the State of Um
or mW par 4W or pu tlee foar the reemmy of a{g oak ftmagemw
BE IT MMRST4OD AND TIM QT OF FORT WOM HERM AMMSs
For and In omwiderobUm or the a Ama a rantae herelaet erantalmod,
the C3tf of Foat Worth does hem *We* that all 4=09cs and claims fb r
daaQagmue, imelading ebeeeagew to ad joda Img* ahotting or other proms, it asgr
Um re be, arising art of# ian+aMe tt to, or In mW vW e awneMei"�ad with the Im,.
atallation. sad fer existence at said pro oet. shah. be -
and Hasid solely by the City of Fort Waath and the City of Fort Worth aha11
and does harft sg"s to bold bands" said St. Louts, Sat Franelem and
Toms BailmW C4=pmW and tie Site aft aacW and aU claim** du coded and
emus" of mobloia Bert araeea<eaveary of aaaag and all amb dwaftes oA of the
inaftua�rtkn't �tadoaa. ar existence of said pmjowt and � to
eesmme the � of mW anddm . aazits Wought for tba mwoeez7 of all aumh
alley ed damemo, and shy lntery me or aaebre liself a party t bwviaa in its
own ara; *# id it is mot as hr+eadg made a pas* tkarpto, for the Pu .agd
shall; if S In sriting by the St. Lwia, San P ranei*oo aw Texas Btil—
Way C+rampamgr or the Stag so to eb, vb*lq rel3eee sal$ St. XAmU# Sm Fftmaiseo,
and 04W=W reed the Stnate ft+mm datmading the md
agrees to Louis, San F eisro sud T 8aibmW Ceam�gr, the
Sbats, and eseh oft bawlsos as to court sett, aUcawya items and all
expenses in lion with aw such emit m s, and beriby assumes and agrees
aver Ow as �t he var San a��,��etal2a•
tion am/or e xIstowo of said Pniest„
The CMW of Fart Worth wUl secure Fib of my and peg ail costs tbw
the eonstruetion or rosonrrtrme$im of Fook Stmet to sang said street t:�mo
the vm&wVass ub me a aVlo od#
The City vrl`ll. aaintala or cause to be mederps"
proms, meet.. sidews,1308 light wyatmsa and drainss 101der the stroote
The City assmas the entire aoespawibility for sash vats and noth#rog
bontaimod berein shall ever be eanstroad to plow upon the $ to Loma, 8as
Fyransiesoo and T+sans HailsW CampV or the State say xamer of 1iAbil11*
for IstWy to or doth of ye x son$ or for Assap to.or 'loss of prupen V aria•
I g f'raaa or In aW manner commuted mild+ the naintaoowne or mse of the wader—
pass or the stmat teough said madawpss and the City will save the alto
LonU. Son ftweisoo and ?waeaos 8ai3mimsW CovpmV and the State harAlses fr u
=W dauspe arisispg from the maims the use of the said under-P
pass orstreet in sormm atiaaa pith said
Section $. That the Mpr of the CUF of Fort W*rth be and is herreW
authorixed to oxsewAe for and on behalf of the City of Fort Worth an agree.
ment and sontraat with the State of Tmaoas and Us 9be Loomis, Sam namiew
and Mats Rsibasty Ceooe wW ft "cordawe with and for the p urpoos of oar9y1ft
out the tsrsrs and prowlelms of thle ordinsm we„ -in the fora atteahed Hereto
and masiaad Pxbib1V C": 2hs City Secretary Is bemby directed to attost
the agroaawt and eemtrsat mad to mffla the propor seal of the Amy of Fort
Wath tbermoto.
3"41M To The Nl"r of fto City of Fort mac, ba� r gmst" is
writimmag that tbis ordinw" take West few and tam being An fit
as esosrgearo W and Impera, tbm prsblio nesecsity *akt the we* howel m► provided
four be began and ew reed mat pxoaptly and with 03Wltio34 and that the
eovhvAt aforesaid sball be ass sdiatrely SAMmr„ *=muted and delivered to the
mW that sash work thorsta pry fr>r xwW be b ft mt and esrr red ast
ly and wdth i t1=# the reading of this oardlnsaee on three emre a�
is beroby dfspen sed with mm A the sqw shall'be In fall for" sod effect Ma
and after its passage,
COUNTY Of
t E. S. BIRDSONG�- tw do47 appoined
gi tl+Mt* Uptho T=es bereby
esstitr that the foregoing pates oonstitnte a trap said s*rreat copy of M4
ordfasmae ly passed by tbipftty mil at 'L �'W
Tn esrtlt r vhiek, des xW hsmd and offisial seal of the City at
l r't Vwfts T+sooesg, this the ' of 4e,193:3, at Fart 1� micas.
y -Secrataryof the City o
Fart Wbeft, Tax"
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STATE CIF "us X
COUN TT OF TRAVIS X
THIS AGRVMNT made tUb day of �„ 1938
by and between State of Texas, hersinafi4ro c ed the Olvateas Party of the
First Part,the St. Louis San Francisco and Texas Railroad Company, hereinafter
called the"Hailrcad Company, Party of the Second Part and the City of Fort Worth
Tarrant County Texas acting thrmqft mad by its officers under an ordinance passed
day of •
WlTssa81TH
WHOSAS, on dune 25, 1937, the City passed an ordinance provid-
ing for the construction and maintenance of a project involving the Improvement
of an extension to West Lancaster Avenue in Fort Worth and the asetion of
claims for damages on accoruht of said construction; and
WAS, the City of fort worth did by contract dated July 7,
1937, enter into an agreement with the St. Loma. San Francisco and Texas Railway
Company and the State, carrying out the provisions of ;aid ordiaaneae= and
WHZRZAS, the original project for the extension of West Lancaster
Avenue as shown on 1xhibit NO as attached to the aforesaid ordinance and contract
provided for the construction of said street across Poch Street, without any pro-
visions being made for the separation of the grades of Poch Street and West %a-
caster Avenue (extended); and
WMUMO, the City of Fort Worth is constructing an athletic f field
and a stadium to shich it desires to provide access over and upon Poch Street and
across West Lancaster Avenue (extended); and
WHWRZAS, the proposed center line of Poch Street will cross the
West �6ancastsr Avenue project at approximately hA&way station 52+79 of the statioa-
ing of West Lancaster Avenue o4onsionj and
WHMRW, the City of 'rart Worth has requested the State to modify
the plans as previously appioved for the construction of the West Lancaster Avenue
extension by the Construction of an underpass at the intersection of these two
streets instead of carrying out the construction as previously approved and agreed.
upon. The general design of said proposed underpass is shown on the sketch attached
hereto and marked NEzhibit AN and made a part hereof; and
WMUMAS, the City of Fort Worth has anthorlsed the construction of
said underpass; and
WHOUS, the City of Fort Worth has requested the State to con-
tribute financial aid in the construction of said underpass project;and
WEXRZAS, the State has made it known to the City that it will
assist the City in the construction of said underpass project by furnishing the
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necessary funds for the actual construction of said underpass and by providing
plans and specifications, awarding of construction contract and supervision of
construction# providing the City of fort Worth approves the plmst spocifloationse
grades and alignment and location of same and after constructions maintain said
underpass at its sale expense and cost and providing further that the City of
Fort Worth will secure right of way for and pay all construction cost of this
construction or reconstruction of Poch Street to carry sail street IfhraMh the
underpass when completed and providing further that the City of Fort Worth
assumes responsibli'ty for all, such damages# including damages to adjoining#
abutting and other property occasioned by or resulting from the installation,
construcction, existence# use and maintenance of said underpass and the passage
and inforcement of the ordinance hersinabove referral to.
A G R B I M E N T
WOW$ SORE# in consideration of the premises of themmatmal
covenanta aid agreements of the parties hereto to be by then respectively kept
and performed,, as hereliter set forth, it is &gees& as follows$
1. The State will provide detailed plans for the proposal undar-
pass and when completed and approved by the parties hereto• will be attached to
this agreement and marked "Fahibit B" and made a part hereof.
29 ]'or and in consideration of the mutual covenants herein con-
tained the City of Port Worth does hereby agree that all damages milt claims for
damages,, including damages to ad#oining# abutting or other property, if any there
be,, arising out ofi incident to#For in .any way connected with the installation,
construction anVor existence ,or said project,, shall be adaustel and paid solely
by the City of Fort Worth and the City shall and does hereby agree to hold harm-
less said Railrarmd Company and the State against any and all claims# damands and
causes of action for recovery of any and all such damages arising out of the in-
stallation. construction and/or existence of said project# and agrees to assume
the defense of any and all suits brought for the recovery of all alleged dames.
and shall intervene or make itsltlf a party therein in its own name# if it is not
already made a party theretop for the purpose* and shall, if requested in writing
by the Railroad Company or the State so to do, wholly relieve said Railroad Com-
pany and the State from defej[ing the samot and hereby agrees to hold said Rail-
road Companys the State aiul each, of theme harmless as to court costs,, attorneys
fees and all expenses in connection with any such suitsv and hereby assumes and
agrees to pay all judgements recovered against said Railroad Company and/or the
State by reason of the constructions installation# and or existence of said pro-
ject.
3. As its contribution to the building of the above mentioned
underpass project in the City of Fort Worthe the State agrees to prepare or lwo—
vide plans and specifications# and supervise construction thereof and to poky all
of the cost of the actual construction of said above mentioned underpass project.
4. The City of Fort Worth will maintala or cause to be maintained
the underpass and the street and if side walks* lighting systems and drainage is
installed# the city will maintain or cause to be maintained the underpass and the
street with its Apertures throught and approaching the underpasse The City of
Part Worth assumes the entire responsibility fif such maintenance as above described,
and nothing contained herein shall ever be construed to t upon the Railroad
Companny and/or the State any manner of liability for injury to, or death of persons
or for damages to, or loss of properly arising from or in any manner connected with
the maintenance or use of the portion of said highway located upon the Railroad
Company's right of way and the City will save the Railroad Company and the State
harmless from any damages arising from the maintenance and/or the use of said
roadway in connection with said project.
5. It is understood and agreed upon by and between the parties
hereto that the City, by virture of the provisions of (its charter and) the lava
of the State of Texas, has exclusive control and jurisdiction of all streets and
public vWx within the incorporated* limits of said City and that the City has
requested and has consent6d to the construction of the underpass project herein—
above named. and the State in the construction of the above maned underpass pro-
Sect does so at the special instance and request of the City and that the plans
and specifications showing and describing among other things the grades eA
aligneent for said project, copies of which are attached hereto and made a part
hereof, are hereby expressly approved by the City and in so constrwctisg said
underpass project, the State Highway Department of the State of Texas acts as
the agent of the City of Fort North in the construction thereof.
6. The ordinance passed by the City on June 25# 1937 and the
contract dated July 7, 1937 shall remain is full forge and effect except as
herein provided.
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