HomeMy WebLinkAboutOrdinance 2198 �- MUNICIPAL MAINTERAIvCE ORMNANCE 12-1 �—
AN ORMI 4CE PK)VIDING FOR THE MAINTENANCE OF THE MRTION OF
g EIGfiPAY NO. al IN THE DITY OF
VMS AWA amff OF UiiCIPAL MA1� GE M
AUTROMING THE MAYOR OF THE CITY, OR OTHER AUTKORZZED CITY'QMCIAL,
TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAKE, A CEBTAI N
AGREEKENT BETWEEN THE CITY AND THE STATE OF TEXAS, PRMDING FOR
THE MAINTENANCE AND USE OF THE SAID UAINTERAWE PROJECT; AND DE-
CLAIB'NG AN EKERGENCY AND PROVIDING THAT THIS ORIDINANCE SEOULD BE
EFFECTIVE FROM AND AFTER ITS PASSAGE.
IMIREAS, the Public oonvenience, safety and necessity of the
City, and the people of the City require that the pwtion of U.S. Highway No. 81
from the North City Limit of Fort North on Main Street to wrest;also that
portion o U. S. g ray No. rou, V o e r_y B v . on Hemphill tree o Ke s
ree _ an a, as a temporary route, Kellis Street fron HempHill to the East C_3Ty__
LimIt in Fort Worth
be adequately maintained. Sine the existing street constitutes a danger
aad serious inoounvenience to the public whioh is urbently requited to be
remediedl, and
WHEREAS, the City has requested that the State of Texas, seater
upon andoontribute financially to the maintenance of said projset, and
WHERELS, the State of Texas has made it Down to the City
that it will, with its oven forces and equipment and at its sole cost and
expense, enter upon and maintain shad project.
NCR, THEREFORE, BE IT OkDAINED by tke City Commail of the
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at loft war%
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 authorised to
enter upon and maintain said maintenance project.
SECTION 3. That the Mayor, or proper City official, of the City, be and
is hereby authorised to execute 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, and in the form attached kereto and
marked "MUNICIPAL MAINTENANCE AG TT." The City Secreary is hereby
directed to attest the agreement and to affix the proper seal of the City
hereto.
SECTION 4. The Mayor of the City, having requested in writing *hat
this ordinance take effect forthwith and there being in faot an emergency
and imperative neoessity 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 and that such
work herein provided for nay be begun and carried out promptly and with
expe;&ition. 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.
STATE OF TEXAS
COUNTY OF .T&rx%nt.
I E. S. the duly appointed,
.................. ......
qualified and acting city secretary of the City of ..F.or*.W ........._.......... ........... .
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
;Z4- k/ M.
....... A.D.., 19 at . ......... o'cloc
To certify which, witness my hand and seal of the City of .Fqrt,W4prt
TEXAS., this due s day of 19 4 Pril at
........ Yor*.Maru. . ... ............. Texas.
City Secretary of 0--f---
Texas
Ordinance (Highway Projects)
6-40-2673 3
CERTIFICATE OF APPROVAL OF MUNICIPAL MAINTENANCE AGREEMENT
THE STATE OF TEXAS
STATE HIGHWAY COMMISSION
ORDER
It is or-dered. by the Commission that the following Municipal
Maintenance Agreements executed. by the State Highway Engineer, are hereby
approved:
City Fort Worth
Highway Q. S. 81
County Tarrant
District 2
I hereby certify that the above is a. true and. corTect
copy of Minute #.. . - passed. by the State Highway
Commission on A ry' "�y the some appearing in the
Official Recor-dB of the State Highway Department at Austin,
#.. .
4
Texa s, in Minute Book # ...�'-r. ..................... ., Page ..... .
as affecting the above descr-ibed. Agreement.
" .... ...... ......................
Chief Minute Clerk, Texas Highway Department
SEAL
12-43-1261
R
r
NMCIPAL MAINTENANCE AGREEMENT
(For Maintenance Only)
STATE OF TEAS
COLUM OF TRAV IS
THIS AGREEMENT made this..j. ... _ day of..AVA ......._................... 19.'4....., by and be-
tween the Stave of Texas, hereinafter referred to as the "Sta.te", panty of the
f irst pert, and the City of -FortTortl1................ ............................... .9 .. .... lurr n
County, Texas, (population...._.1.77.2-40....... ....- , 1940 Federal Census) acting by
and. through its duly authorized. officers., hereinafter called the "City", party
of the second. part.
WITNESSETH
WHEREAS. the City ha.s requeeted. the State to assume maintenance on the route
now being traversed by..M.As........ 3ry. No.'..t�l..... 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.agreemente with the governing
bodies of incorporated. cities, towns, e.nd. villeees 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
WgE.REAS, 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 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 Dopartment when so
requested by the proper governing officials of an incorporated city, town or
village, end 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 providers 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 agroements made with cities, towns, and villagos
are for the purpose of maintenance and shall 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 atmicipalitiess
NCI SHE, IT IS AGREED that maintenanoe will be aaaumed by the
State over the above higkRay route within said city in strict accordance
with the Highway Cammiasion policies as stated above governing tne mainte-
nance ofkighways into or through muAApalities. Further detailed des-
cription of streets involved and specific responsibilities of the parties
involved are as follo ms
"U.S. Highway lumber 81 from the North City Limit of Fort WOL-th on ]fain Street to
28th. Street; also that portion of U.S. Highway Number 81 from Viakery Blvd. on
Emphill Street to Kellis Street and, as a taesorary route, Kellis Street from
Hemphill to the East City Limit in Fort Worth.*
That the States raapansibility shall inolude only the maintenance of
the traveled surfaoe and its support, and the usual Highway route markers
and signs, a nd that the City shall retain aAd continue to control and be
responsible for all other funotiens and features customarily and previously
controlled by the City, such as: the provision for and the disposition of
driaage and for sanitation and heath; traffioe and poliae control, includ-
ing tzvffios si pal lights; street sinna, oleaning and sweeping, eta., 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, eaunecting,
adjusting, or maintaining utility lines, or for other purposes, and that such
auto or trenches shall be repaired in a 000rdance with State Highway Spe*ifi-
cations, and that, prior to the beginning of each mark the City will notify
the State Highway Departanent through the Section Forman of this seotion., aid
That the City will pass and enforce any ordinance necessary to ate
parking an this Eighvaty route so that a minimum traveled width of two
eleven foot lanes may be secured and in all cases Vuoh width will be kept
free of parked vehiO19 s, and
That the City agrees to provide police traffic ocutrol when necessary
and requested for the acoomplishkent; of maintemanos and repair work by the
'State; and
That State assumption of zaintmanoe is to became effective the date
of execution of tl-is agrmmant by the State Highway Depa rttnept, and that this
agreenea shall terminate in the event the prevent designated highway route
as hereinbefore described should be modified or changed, or in the event thtt
either party to this agreemta should fail to properly fulfill its obligati
tions as herein set forth.-
Said State assumption of maintaaanoe to be effective the date of
executim of this agreement 1r the ligkwr Departsment.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the city of-.4 'w
on the ,. 4:_ of .,,.��.. , 19 ,, and the Highway Department on
the day of - 0 -s� 19 `fsC
� w►� 4i1 it
City of M left
UxYor T
(TitlevnQlf Signing Official
A'PPROVED:. THE STA &XAS
By
Chairman, State Highway G70jaigs on State Highway Engineer
Z* i�Tg)
CO D;
Member, State Highway mmiision
Member, State Highway Commi Sion neer 19. e. Vo'okwd
Note: Any official signing for and on behalf of a municipality should attach
an original or authenticated copy of order, resolution, or charter provi-
sion, or a citati)n to statilte, under the authority of which this agreement
is executed, Each agreement should be executed in quadruplicate.
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