HomeMy WebLinkAboutOrdinance 3497 Tarrant County Control 8 -12-8 II UG 1101 (7) Loop 217
I. CITY OF FORT WORTH - ORDINANCE NO. 3107
AN ORDINANCE PROVIDNM; FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND
MAINTENANCE OF AN OVERPASS PROJECT AT THE. =XUZECTION OF ......-..........................................
LQOP 21?
3 1'�i' THE PROPMMM AND TRAM OF �.' .AYE PA .RAI YAY_.CfO AY....................
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1Di T#IE CITY OF 1�bRi' 4�CSRH TEXaA�S A1�DD'A�1T$(7RIZI1�r THE MAYOR
OF THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND
ATTEST THE SAME, "A CERTAIN CONTRACT BETWEEN THE CITY, THE STATE OF TEXAS AND THE
RAILROAD COMPANY PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE
AND MAINTENANCE OF SAID OVERPASS PROJECT; FOR THE GRANTING OF LICENSE AND PER-
MISSION BY THE RAILROAD COMPANY FOR SAID-PROJECT; FOR THE PAYMENT, BY THE STATE
OF TEXAS., OF THE CONSTRUCTION COSTS OF SAID PROJECTI FOR THE ASSUMPTION, BY THE
CITY, OFIALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY AND BUSINESS AND
TO 7!KNANT OR OCCUPANT THEREOF; FOR THE PROTECTION OF THE STATE OF TEXAS AND THE
RAILROAD C014PANY AGAINST ALL SUCH DAMAGES AND EXPENSES IN CONNECTION WITH ANY
CLAIM OR SUIT THEREFOR: FOR THE MAINTENANCE OF THE OVERPASS PROJECT; AND
DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM
AND AFTER ITS PASSAGE.
WHEREAS, the public convenience, safety and necessity of the City,
and the people of the Cityy require that the grades of ........................................... ...............................
Loop 217
-�e.ta�ecks...c�#��R'eu►eai�dPiicitie �aia. .....,t# paa�y............................................................................
. ..R....R....Statios...1 ...T..g .! t1 .is_Vert.North:............. ......................'..............
be eeparated'�iy tie Conetruation 'off' en' ov®rpass prosect,'..sance...the' euist'iirig... . .' .....
grade crossing at such street or road over the tracks of said Railroad Company
constitute a danger and serious Inconvenience to the public which is urgently
required to be remedied and that the only practical remedy is that of con-
structing an overpass as herein provided; and
WHEREAS, the City has requested the State of Texas to contribute
financial aid in the construction of the overpass projeat; and
WHEREAS, the City has requested the Railroad Company to grant a
license and permission for the construction of said overpass project across
its property and over its tracts at such intersection; and
WHEREAS, the State of Texas has made it known to the City that it
gill assist the City in the construction of said overpass project by furnish-
ing the necessary funds for the actual construction; by preparing plans and
specifications; by awarding of construction contracts; by supervising con-
struction; and •by assisting isf the maintenance of said project, providing the
City approves the plans, grades and alignment, for said project, and after com-
pletion of construction will maintain certain features of said overpass project;
and
1147-2672
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1 Ordinance (Overpass)
WHEREAS, the Railroad Company has made it known that it will grant a
license and permission for said overpass project ,to be constructed across its
property and over its tracks at the location herein stated; and
WHEREAS, the City, in consideration of the providing of said overpass
project, agrees to protect the State of Texas and the Railroad Company from,any
and all liability and any and all damages to adjoining and abutting property or
other property or business or to any tenants occupying such property, caused by
the installation, the construction, the existence, the use and the maintenance
of said overpass project or the passage and enforcement of this ordinance; and
WREREAS, the City will assist in the maintenance and be responsible
for their portion of the maintenance of the overpass project.
NOW, THMEFORE, BE IT ORDAINED BY THE CITY COUNCIL:
Section 1. That since the public convenience, safety and necessity
of the City and the people of the City require it, an overpass be constructed
and provided at the intersection of loop 217
the, i!e�With the properties and tracks of as.sad,Pa¢ fa,�ailrr►y.„�gaps ,..,,,,,,.,,,.,,
.............
....................................
. .. .at..B. 5�..8.i�� isn.. �3�... ..9!�..Ott......... ..................................�... ...... ...... . . . ...;........In the City.-
Section 2. That the State of Texas be and 'is hereby authorized to
construct said overpass project at the approximate location and in the general
manner shown on the plan, attached hereto and marked "Exhibit A" and made a
part hereof in all respects.. Detailed plans, showing location, grades, etc.,
are to be later prepared covering the construction of the project and when said
-plane .governing the construction of said project have been prepared and approved
by the City, they are to be attached hereto, marked "Exhibit B" and made a part
of this ordinance in all respects.
Section 3. That nothing in this ordinance shall be construed as to
require said Railroad Company or the State of Texas to assuiae or pay any direct,
incidental or consequential damages .to adjoining, abutting or other property or
business' or to any tenants occupying adjoining, abutting or other property caused'
by, incidental to, or in any way connected with the passage and enforcement of
this ordinance or by the installation, the construction, the existence, the
use or the maintenance of the project authorized'herein, or to defend any
uait or suits which may be brought against said Railroad Company or the State of
Texas by any party or parties for the recovery of any such damages.
Section 4. For and inconsideration of the mutual covenants herein
contained, the City does hereby agree that all damages and claims for damages
to adjoining,. abutting or other property, if any there be, arising out of,
incident to, or in any way connected with the installation, the construo-
tion, the use, the existence or the maintenance of said project, shall be
'2 11-47-2872 R
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Ordinance (.Ove-Dana;
adjusted and paid solely by the City and the City shall and does hereby agree to
hold harmless said Railroad Company and the State .of Texas against any and,all
claims, demands and causes of action for recovery of any and all such damages
arising out of the installation, the construction, the use and/or the existence
and/or the maintenance ,of said project, and agrees to assume :the defense of any
and all suits brought for the recovery of all such alleged damages, and shall in-
tervene and make itself a party therein in its own name, if it is not already made
a party thereto, for the purpose, and shall if requested in writing by the Rail-
road Company or the State of Texas so to do, wholly relieve said Railroad Company
and the State of Texas from defending the same, and hereby agrees to hold said Rail-
road Company, the State of Texas and each of them, harmless as to court costs, at-
torneys' fees and all expenses ,in connection with such suite, and hereby assumes
and agrees to pay all judgments recovered against said Railroad Company and/or the
State of Texas by reason of the construction, the installation, the use and/or the
existence and/or the maintenance of said project.
Section 5. That the' State will maintain the roadway, sidewalks, drainage
structurea' and overpass structure, and, the City will maintain all street lights,
traffic lights, and signaltdevices and sweep, flush and otherwise keep said project
in a clean and sanitary manner, and nothing contained herein shall ever be con-
strued to place upon the Railroad Company and/or .the State of Texas any manner of
liability for injury to, or death of persons, or. for damage to, or loss of property
arising from or in any manner connected with the maintenance or use of the overpass
project located either on or off of the Railroad Company's right-of-way and the
City 4111 save the Railroad CompWW and the State of Texas harmless from any damage
Arising from said maintenance and/or the use of said project.
Section 6. That the City will pay to the State. promptly the cost of
making repairs tothe subgrade or surfacing made necessary by reason of the in-
stallation, repair, removal, or adjustment or any. such publicly or privately owned
utilities or services; which may occur after the completion of the said overpass
project,
Section 7. That the City will refrain from passing an ordinance fixing a
speed limit on said overpass project of under twenty (20) miles per hour nor will
it allow the erection of signs, semaphores and/or signals that will give preference
to local routes which intersect with the said project, nor that will slow up) hin-
der or delay traffic on said overpass project.
Section 8. That the Mayor be and is hereby authorized to execute for
and on behalf of the City an agreement and contract with,the State of Texas and
the said Railroad Company in accordance with and for the purpose of carrying out
the terms and provisions of this ordinance, in the form attached hereto and
marked "Exhibit C." The City Secretary is hereby directed to attest the agree-
ment and contract and to affix the proper seal of the City thereto.
Section 9. That the State be and is hereby authorized, as agent of
the City, to construct said overpass project at the location, to the grade and
in the manner as shown on "Exhibit A" and to be-shown on "Exhibit B."
11+k7-2872
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3 Ordinance (Omriess)
Section 10. That -the Mayor of the City,.having requested in writing
that this ordinance take effect forthwith and there being in fact'an emergency
and imperative public necessity that the work herein provided for be begun and
carried out promptly and with expedition, and that the contract aforesaid shall:.
be Irmediately made, executed and delivered to the end that such work therein
provided for may be begun and carried out promptly and with expedition. The
reading of this 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 OF
I, . . ..... . ... . . ... ..... .......... . . . ,. the duly appointed,.
qualified and acting City Secretary of the City of .ro.r.V:QrAX...................... . ,
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
....................I.............. ....... , A.D., 19 , at ........................ o*Clock, M.
To certify which, witness my hand and official seal of the City of
...... ... , Texas, this. the . day. of ....................... ,
1.9 , at Fort_Wo.rth....................... ... , Texas.
.... ....................................................................
Cfttiy Secretary of the Gity of
Fort Worth Texas
11-47-2$72
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P.o.No.25449-U