HomeMy WebLinkAboutOrdinance 2197 NrrNICIlAL w►xNNA�ty osnINANCE 2/ 9 7
AT COtNIWOR PROVIDING PCK THN U111TWANG11 OF THE POW!'IOW OF
WZWWA? NO. 3,.,,•_•_..�r...`r.r,.IN M2 CITY Or
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MO t UMT XMMM'b AS KUNIC IPAL KAINT1tNMCE PROJWT AND
AW]INIZINA THE MAYM OF ME CITY, OR OMER AUTHOHIZ$d CITY 0171OIAL,
TO XVCUTm AND AFFIX THE CORPORATE SISAL AND ATTEST SAID. A Cffi'AIN
AORUKIINT BEi`WEEN THE CITT AND THE STATE OF TBXAS, PBOVIDINO FOR
THE MAIJITINANCE AND USE 01 THR SAID KAINTENANCE PR WM: AND D11r-
CLARING AN EKERGXN0Y AND PROVIDING ?HAT THIS ORDINANCE SKOULD BT
11771CTM TROK AND AIMIR ITS PASSA01.
WHEREAS, the Pablic convenience. safety and necessity of the
City, and the people of the City requireatiratar#h v*rthw=&x that person,,_
v*r
?WOA1kZZdW 211,00119 th# IftLauris
bs "0%"tely muA1*$Aiaed. Hltoe the existing street constitutes a danger
and serious inconvenience to the public which is urgently required to be
resediod; and
WMULRAS, the City has requested that the State of Texas, enter
upon and contribute financially to the maintenance of said proaeaty and
WKWAS. The State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole cost and
expense, enter upon and maintain said project.
NOW, THNSW0RE, BE IT ORDAINID by the , I1Z $g=gJJ
SECTION 1. That since the public convenience, safety and necessity
of the City and the people of the City re,"ire said project be adequately
maintained.
SECTION P. That the State of Texas be and is hereby authorised to
enter upon and maintain said maintenance project.
SECTION 3. That the Xayor, or proper City official. of the City, be and
is hereby authorised to *recut* for and on behalf of the City an agreement
with the State of Texas, in accordance with and for the purpose of carrying
out the terms and provisions of this order. in the fors attached hereto and
marked "KUNICIPAL MAINTZRANCE AtI11EMIT." The City Secretary is hereby
directed to attest the agreement and to affix the proper Meal of the City,
hereto.
SECTION 4. The IkWor of the City, huring requested in writing that
this ordinance take offset forthwith cad there being in fact an emergency
and imperative necessity that the work herein provided for be began and
carried out promptly and with expedition and that the agreement afore-
said shall be immediately made, exoouted and delivered to the end that such
work herels provided for W be began and carried out promptly and with
expedition. Thersadina of the ordinance on three several &Ws is hereby
dispensed with cad the same #hall be in full force and effect from and
after its passage.
CERTIFICATE OF APPROVAL OF M[3NICIPAL MAINTENANCE AGREEMENT
THE STATE OF TEXAS
STATE HIGHWAY =1 IISS ION
ORDER
It is ordered. by the Commission that the following Municipal
Maintenance Agreements executed. by the State Highway Engineer are hereby
approved.:
City Fort Worth
Highway State 183
County Tarrant
District
I hereby certify that the above is a. true and correct
co of Minute 20g21. passed. the State Highway
copy .................... .........�. y ghwa
Commission on .,..Apri1...19 19.44 the same appearing in the
Official Records of the State Highway Department at Austin,
Texas, in Minute Book #...._..25............................, Page #. ��
as affecting the above deecribed. Agreement.
Ch o4Mi te Cler , Texasay Department
SEAL
12-43-1261
R
MUNICIPAL MAINTENANCE AGREEMENT
(For Maintenance Only)
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT me de this a. . day of.... ......w 19.4� by and be-
tween the State of Texas, hereinafter referred to as the "State", party of the
f irst part, and. the City of .....FOr.t...WQrtkk....................................._.. T.o.z'Wit... ._............... .........
County, Texas, (population _..... .......... ..... 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 7+e.te to assume maintenance on the route
now being traversed by...,. t.a... fir. No. 104 within such city; and.
WHEREAS, the Legislature of the State of Texas d1d. 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. ville3ee relative to the location,
relocation, construction, reconstruction, and- maintenance, control, supervision,
and regulation of designated. State Highways within or through the corporate
limits of such municipalities; and
WHEREAS, 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
rights, life, health, etc., of aQa.cent 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, popula-
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 maintenance agreements made with cities, towns, and villages
are for the purpose of maintenance and sha.11 in no way be considered. to cover
10-43-1072 1
any present or past obligations either real or anticipated concerning such
highway routes through municipalities:
NOW TI�r^FORE, IT IS AGRFED 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-e above governing the ni.inte
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
t-at 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 and. enforce any ordinance necessary to regulate
pbi�ktng on this :Highway route so that a minimum traveled width of two
e?t-ven 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 #hen necessary
and 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
agzF meat shall terminate in the event the present designated highway route
as .ta3rai.nbefo:-P de,cribed should be-mod-ified or changed, or in the event that
either 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.
I'? WITNESS WHM,' OF, the parties have hereunto affixed their signatures,
the city of Fort ubrtdk
on the ?--Z;; ay of 19 4 and the Highway De artment on
the day of 19_
At test: City of Fort Tflx&
(Title of gigning Official)
APPROVED- THE STATE S
By
Cha�ir— m 5a'7te Highway Commission State Highway Enginesr
APF-�ATAL REC0 ED:
Member, State _3ighwav Commission - 11
Member, State Highway Commission istric n g ne r
Vote: A,ny official signing for and on behalf of a municipality should attach
an original or authenticated copy of order, resolution; or charter provi-
slon, or a citation to statute, under the authority of which this agreement
is executed, Each agreement should be executed in quadruplicate.
10--43--1072
211 -7
MUNICIPAL MAINTENANCE ORDINANCE
AN ORDINANCE PROVIDING FCR THE MAINTENANCE OF THE PORTION OF
State HIGHWAY NO. 193 IN THE CITY OF
Fort Worth , COUNTY OF Tarrant
TEXAS, HEREBY REFERRED'.) AS MUNICIPAL MAINTENANCE PROJECT AND
AUTHORIZING THE MAYOR OF THE CITY, OR OTHER AUTHORIZED CITY OFFICIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME, A CERTAIN
AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR
THE MAINTENANCE AND USE OF THE SAID MAINTMUOTCN PROJECT: AND DE-
CLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE
EFFECTIVE FROM AND AFTER ITS PASSAGE.
WHEREAS, the Public convenience, safety and necessity of the
City, and the people of the City requireyUbaix VcabdK= that portion
of State Riaway ho. 193 fr m west city limits,- over NQhriham str et and
Twenty—eight street to the east city limits,
be adequately maintained. Since the existing street constitutes a danger
and serious inconvenience to the public which is urgently required to be
remedied; and
WHEREAS, the City has requested that the State of Texas, enter
upon and contribute financially to the maintenance of said project; and
WHEREAS, The State of Texas has made it known to the City
that it will, with its own forces and equipment and at its sole cost and
expense, enter upon and maintain said project.
NOW, THEREFORE, BE IT ORDAINED by the pity Council
of the City of Fort Worth
SECTION 1. That since the public 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 j. That the Mayor, or proper City official, of the City, be and
is hereby authorized to execute for tnd on behalf of the City an agreement
with the State of Texas, in accordance with and for the purpose of carrying
out the terms and provisions of this order, in the form attached hereto and
marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby
directed to attest the agreement and to affix the proper seal of the City
hereto.
SECTION 4. The MWor of the City, having requested in writing that
this ordinance take effect forthwith and there 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 afore—
said shall be immediately made, executed and delivered to the end that such
work herein provided for may be begun and carried out promptly and with
_expedition. Thereading of the ordinance on three several days is hereby
dispensed with and the same shall be in full force and effect from and
after its passage.
STATE OF TEXAS
COUNTY
E. S. Birdsong
----...... I............Iftw-- __...... ....... ....... ...... . the duly appointed,
qualified and acting city secretary of the City of For..t.16-r-th P
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
A.D.j 19 at �0 o'clock 119� bi•
To certify whicho vitness my hand and seal of the City of.Fort Worth
................... ......
TEXAS, this due day of 'IJ 19 at
Texas.
City 8*eto�/a� 4- the i
........ ...,Texas
Ordinance (Highway ProJects)
6-40-2673 3