HomeMy WebLinkAboutOrdinance 2698 MUNICIPAL ORDINANCE
(Construction, Reconstruction and Maintenance)
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE
PORTION OF U. S. HIGHWAY NO. 81 TEMPORARY ROUTE IN THE CITY OF FORT WORTH FROM
HEMPHILL STREET ALONG ROBERTS STREET TO ITS INTERSECTION WITH SOUTH MAIN STREET
AT THE MISSOURI KANSAS AND TEXAS RAILROAD UNDERPASS, HERE'INABOVE REFERRED TO AS
"THE STREET PROJECT" AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY SECRE-
TARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN
THE CITY AND THE STATE OF TEXAS PROVIDING FOR THE INSTALLATION CONSTRUCTION,
MAINTENANCE,, EXISTANCE AND USE OF THE SAID STREET PRCNECT: FOR IDEMNIFICATION OF
THE STATE OF TEXAS, BY THE CITY AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER
PROPERTY, AND FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF; AND COVERING
AGREEMENT ON ALL SECTIONS OF STATE HIGHWAY COMMISSION MINUTE N0. 26545 DATED
MARCH 29th, 1949: 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 city require that the portion of Roberts Street from Hemphill Street
to South Main Street in Fort Worth be constructed. Since the existing street
constitutes a danger and serious inconvenience to the public, it is urgently re-
quired to be remedied; and
WHEREAS, the city has requested the State of Texas to contribute financial-
ly in the street project; and
WHEREAS, the State of Texas has made it known to the city that it will assist
the city in the street project by furnishing the necessary funds for the actual
construction of grading, concrete paving and railroad grade crossing protection
devices; and by supervising constmetion, providing the city approves the plans,
grades and alignment for said project; and
WHEREAS, the city, in consideration of the providing of said project,
agrees to indemnify the State of Texas against all damages or claims for damage to
adjoining, abutting or other property for which the State is liable, arising out
of, incident to, and in any way connected with the installation, the _ construc-
tion, the existence and use of the street project or the passage and enforcement
of this ordinance.
NOW THEREFORE, 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, said street shall be constructed.
SECTION 2. That the State of Texas be and is hereby authorized to enter
upon and construct the street project at the location and in the manner shown
on the plans, attached hereto and marked "Exhibit A" and made a part hereof
in all respects.
SECTION 3. That nothing in this ordinance shall be construed to obligate
the State of Texas to pay any direct, incidental, or consequental damages to
adjoining, abutting or other property in enforcement of this ordinance or by
reason of the installation, construction, existence, and use of the street
project authorized herein.
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SECTION 4. For and in consideration of the mutual covenants herein con-
tained, the city does hereby agree to indemnify the State of Texas against all
damages and claims for damages to adjoining, abutting, or other property for which
the State of Texas is liable, arising out of, incident to, or in any way connected
with the installation, the construction, existence and use of said street
project and does hereby agree to indemnify the State of Texas against all court
costs, attorneys' fees and all expenses in connection with suits for such
damages, and shall, if requested to do so in writing, assist or relieve the State
of Texas from defending any such suits brought against it.
SECTION 5. Nothing contained herein shall ever be construed to place upon
the State of Texas any manner of liability for injury to or death of persons or for
damages to, or loss of property arising out of or in any manner connected with the
construction or use of the street project and the city will save the State of Texas
harmless from any damages arising out of said construction and/or use of said street
project.
SECTION 6. The City Manager of the city be and is hereby authorized to execute
for and on behalf of the city an agreement and contract with the State of Texas 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 B". The City
Secretary is hereby directed to attest the agreement and contract and to affix the
proper seal of the city hereto.
SECTION 7. The City Manager 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 began and carried out promptly and
with expendition and that the contract aforesaid shall be immediately made, executed
and delivered to the end that such work herein provided for may be began and
carried out promptly and with expedition. The reading 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.
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ORDINANCE
F11 Day of
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19 y
City Secretary
P. a. No. 19697-.0