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HomeMy WebLinkAboutOrdinance 2194 MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF THE PORTION OF U.S. 377 HIGHKAY NO. 377 IN THE CITY OF r VGrtA CO10N TY OF Tarrant , AUTHORIZING THE MAYOR OF THE CITY, OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME, A CERTAIN AGREEBdMT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SIAD MAINTENANCE PROJECT; AND DE- CLARING AN EMERGENCY AND PROVIDING THAT THIS ORIDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety and necessity of the Ci , and the people of the City require that the portion of U.S. Highway No. 377 FRC°°. THE Pest. City Limits on Camp Bowie Boulevard to 1,11ontgomeny Streetj also those portions or U.S. hignway Ho. 377 rror4 Hampton Street on Belknap Street to City Limits &T Garrie d Street and from East end or Trinity hlver Bridge, on Belknap Street to East City units e adequately maintained. Since the existing street constitutes a ganger and serious inconvenience to the public which is urgently required to be remedied; and MRKAS, the City nas requested that the State of Texas, enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State or Texas has made it knomto the City that it will, with its own forces and equipamt and at its sole cost and expense, enter upon and maintain said project. NOff, TffEREFONE, BE IT OBMINED by the City Council of the C or Fort Worth " •. ". ".." SECTICN 1. That since the publio convenience, safety and necessity of the City and the people of the City require said project be adequately maintained. SECTION 2. That the State of Texas be and is hereby authorized to enter upon and maintain said maintenance project. SECTION 3. That the Mayor, or proper City official, of the City, be and is hereby authorized to execute for and on behalf of the City an a&regiment with the State of Texas, in accordance with and ror the purpose of carrying out thetD ms and providione of this order, in the corm attached hereto and marked "MUKICIPAL MAINTENANCE AGIMM2 TT." The City Secretary is hereby directed to attest the agreement and to affix the proper seal or the City hereto. SECTION 4. The Mayor or the City, having requested in writing that this ordinance take effect rortwitn and tnere 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 agreement aforesaid shall be immediately made, executed and delivered to the end *at such work herein provided for may be begun and carried out promptly and with expedition. Tne reading or the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and ar'ter its passage. 10-4b-1US4 CERTIFICATE OF APPROVAL OF MUNICIPAL MAINTENANCE AGREEMENT THE STATE OF TEXAS STATE HIGHWAY CObRMSION ORDER It is or-der-ed. by the Commission that the following Municipal Maintenance Agreements executed. by tie State Highway Engineer, are hereby approved: City Fort Worth Highway U. S. 377 County Tarrant District 2 I hereby certify that the above is a, true and correct copy of Minute #......� „:.., _..,....... passed by the State Highway Commission on.A]F? 1.._19..s....1944....................the same appearing in the Official Records of the State Highway Department at Austin, Texas, in Minute Book #. .. _ Page 7#. ...7-4_...................:..... as affecting the above described- Agreement. _ ..... ... ... d�G: c............................... is Minute Clerk, exas Highway Department SEAL 12-43-1261 R STATE OF TEXAS COUNTY OF...Tarrant.... ........ E. S. Birdsonig I the duly appointed, .... .........6..-.............. ...................... qualified and acting city secretary of the City of Fqrt.Wo ............... ............ Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held on !2- f A.D.1 19_4 PO o'clock A M. ........... .............. 4L...... , at ......... To certify which, witness my hand and seal of the City of Fort Worth .............. TEXAS) this due day of 19 ,p at Fort-Worth.... .. .... ........ .... Texas. .... .... ...— Ae"c'.... .. . ..... ... .... rei'ary of dit-- City Fact.V9jrU..... ...... .... .. Texas Ordinance (Highway Projects) 6-40-2673 3 MUNICIPAL MAINTENANCE AGRM 1T (For Maintenance Only) STATE OF `fTXAS COUNTY OF TRAVIS THIS AGREEMENT made this 1 }'day of z- .+-cam...... 19. 7�, by and. be- tween the State of Texas, hereinafter referred. to as the "State", panty of the first part, and the City of .......Fort..WOrtbh 1. .9 .. .Tarrant County, Texas, (population.- 1.77,.74a .-,,.,.•-.. , 1940 Federal Census) acting by and. through its duly authorized. officers,. hereinafter called the "City", party of the second. part. W I T N E S S E T H WHEREAS, the City has requested. the State to assume maintenance on the route now being traversed by._G..At.... Bwy. No. ..77.. .. within such city; and WHEREAS, the Legislature of the State of Texas did enact Senate Bill No. 415, effective May 15, 1939, authorizing and empowering the State Highway Commission in its discretion to enter into contracts or.agreements with the governing bodies of incorporated cities, towns, and. villa8es relative to the location, relocation, construction, reconstruction, and me.intenance, control, supervision, and regulation of designated State Highways within or through the corporate limits of such municipalities; and WHEMMAS, it is the general policy of the Department to confine its assistance to the traveled. surface of the streets and those things beneath such traveled. surface necessary for the proper support of same under the vehicular loads encountered.; and. WHEREAS, as a. general policy, all of those things that affect property rightaa life, health, etc., of adjacent property owners and. dwellers within the limits of the municipality, shall remain a function and. responsibility of the municipality itself; and WHEREAS, it is further the general policy of the Department when so requested by the proper governing officials of an incorporated. city, town or village, and agreement provisions can be agreed upon, the State Highway De- partment will maintain the traveled. surface and its support on highway routes through municipalities with a population of 15,000 or less as reflected. by the last available Federal Census; and WHEREAS, the Department's general policy provides further that State maintenance may be assumed on highway routes into those cities with a. popul.a.- tion in excess of 15,000 as shown_ by the last available Federal Census, except in the congested. or downtown sections of such cities; and WHEREAS, all ma.intenance agreements made with cities, towns, and vil.larves are for the purpose of maintenance. and. shall in no way be considered. to comer 10-43--1072 1 atW.. 'Asent or past obligations either real or anticipated concerning such highway routes through municipalities: NOW T_-iEFuFORE, IT IS 4GRME D that maintenance will be assumed by the State over the above highway route within said city in strict accordance with the Highway Commission policies as stated/above governing the mainte- nance of highways into or through municipalities. Further detailed des- cription of streets involved and specific responsibilities of the parties involved are as follows: That the States responsibility shall include only the maintenance of the traveled surface and its support, and the usual Highway route markers and signs, and that the City shall retain and continue to control and be responsible for all other functions and features customarily and previously controlled by the City, such as: the provision for and the disposition of drainage and for sanitation and health; traffic and police control, includ- ind traffic signal lights; street signs, cleaning and sweeping, etc. , and That the City shall be responsible for repairing any cuts or trenches that may be made in the pavement for the purpose of installing, connecting, adjusting, or maintaining utility lines, or for other purposes, and that such cuts or trenches shall be repaired in accordance with State Highway Specifi- cations, and that, prior to the beginning of such work the City will notify the State highway Department through the Section Foreman of this section, and That the City will pass anH. enforce any ordinance necessary to regulate p!.rk.Mg on this Highway route so that a minimum traveled width of two elaven foot 'Lanes may be secured and in all cases such width will be kept free of parked vehicles, and That the City agrees to provide police traffic control Cohen necessary a.nd requested for the accomplishment of maintenance and repair work by the State; and That State assumption of maintenance is to become effective the date of execution of this agreement by the State Highway Department, and that this a.-re ment shall terminate in the -vent the present designated highway route as h?rei.nbef'ore described should be modified or changed, or in the event that ej+•her party to this agreement should. fail to properly fulfill its obliga- tions as h rein set forth. Said State assumption, of maintenance to be effective the date of Execution of this agreement by the Highway Department. ITT WITIMSS WHMP OF, the parties have hereunto affixed their signatures, the ci ty of on the dray of '�'yyL�;,�i..c►.l� 19�, and the Highway Department on the day of 19 y Attest; City of )Pmrb tOCA "&A4 Q4 (Title of S i0ling OfficiAl APFROITED; T'fi� STAT I Ev Chairman, State; Highway Commission State Tighway Engineer � ► AP� Z RE`OP,L ' EI? . Member, State highway Commission L� if.e; ber, State Highway Commission Di En ne r Vote: A:.y official signing for and on behalf of a m7anicipality should attach an original or authenticated copy of order, resolution, or charter provi- sion, or a citation to statute, under the authority of which this agreement is executed. Each agreement shculd be executed in quadruplicate. lo-43--1072 ORDINANCE No. Hof . Tide ®� r Ali® 471- d Date e �� f., v✓� _ Filed lty ecretary