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HomeMy WebLinkAboutOrdinance 3650 CITY OF FORT WORTH ORDINANCE NO. 3650 Tarrant County Control 14-16 I-473 U.S. Highway 81 AN :ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAINTENANCE OF AN OVERPASS PROJECT AT THE INTERSECTION OF U. S. HIGHWAY 81 (FREEWAY) WITH THE PROPERTIES AND TRACKS OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY IN THE CITY OF FORT WORTH, TEXAS, AND AUTHORIZING THE`MAYOR OF THE CITY TO EXECUTE AND THE SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, CERTAIN CONTRACT.. BETWEEN THE CITY, THE STATE OF TEXAS AND THE RAILROAD COMPANY PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXIS- TENCE, USE AND MAINTENANCE OF SAID OVERPASS PROJECT; FOR THE GRANTING OF LICME AND PERMISSION BY THE RAILROAD COMPANY FOR SAID PROJECT; FOR THE PAYMENT, BY THE STATE OF TEXAS, OF THE CONSTRUCTION COSTS OF SAID, PROJECT; FOR THE MAINTENANCE OF THE OVERPASS PROJECT; FOR DETERMINING THE LIABILITIES AND RESPONSIBILITIES OF THE CITY, THE STATE AND THE RAILROAD COMPANIES; 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 grades of U.S. Highway 81 - Freeway and-tracks of -the Chicago, Rock Island and Pacific Railroad Company be separated by the construction of an overpass project, since a grade crossing at such street or road over the tracks of said Railroad Company would constitute a danger and uerfous- inconvenience to the public which would urgently require to be remedied and that the only practical remedy is that of constructing 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 project; 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 tracks at such intersection; and WHEREAS, the State of Texas has made it known to the City that it will assist the City in the construction of said overpass project by furnish- ing the necessary funds for tble actual construction; by preparing plans and specifications; by awarding of construction contracts; by supervising con- struction; and by assisting in 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 Ordinance (Overpass) 1 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 WEEMS, 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 WHEREAS, the City will assist in the maintenance and be responsible for their portion of the maintenance of the overpass project, 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, an overpass be constructed and provided at the intereection'of_ U.S. Highway $1- !!,Kay with the properties and tracks of the ..... ....................... ......................................s. Chi ...Rock.............................................Islci. ,ac 3��c,.�a ro... ... atR Y ..............I............... ............................._. ............................................................................................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 shell be construed as to require said Railroad Company or the State of Texas to assume 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 Fsait or suits which may be brought against said Railroad Company or the State of Taxers by any party or parties for the recovery of any such damages. Section 4. For and in consideration 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 construc- tion, the use, the existence or the maintenance of said project, shall be 2 11-47-2872 R D-5 Ordinance (•Ove.-PaL-Q, 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 dama- ges arising out of the installation, the construction, the use, 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 intervene 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 Railroad Company or the State of Texas so to do, wholly relieve said Rail- road Company and the State of Texas from defending the same, and hereby agrees to hold said Railroad Company, the State of Texas each of them, harmless as to court costs, attorney's fees and all expenses in connection with such suits, and hereby assumes and agrees to pay all judgments recovered against said rail- road Company or the State of Texas by reason of the construction, the installa= tion, the use, the existence, or the maintenance of said project. dpction 5. That the State will maintain the roadway, drainage structures and overpass structure, and nothing contained herein shall ever be construed 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 pro- ject located either on or off the Railroad Company's right of way and the City will save the Railroad Company and the State of Texas harmless from any damages arising from said maintenance and/or the use of said project. Section 6, That nothing in this ordinance shall be construed to place any liability on the City for personal injuries arising out of the construction of said project. Furthermore, that it is not the intent of this ordinance to impose upon the City the liability for injury to person or property arising out of the construction of the project by the State's contractor, unless the State, itself, would be liable for any such injury or damage. Section 7. That the City will pay to the State promptly the cost of making repairs to the subgrade or surfacing made necessary by reason of the in- stallation, repair, removal, or adjustment of any such publicly or privately owned utilities or services, whigh- may occur after the completion of the said overpass project. Section 8. That the City will agree that traffic regulations will be established and speed limits fixed by agreement with the State as represented by the State Highway Engineer after traffic and engineering surveys have been conducted. Section 9. 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 3 Ordinance (Overpass) 5/17/57 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-11 The City Secretary is hereby directed to attest the agreement and contract +nd to affix the proper seal of the City thereto. Section 10. That the State be and is hereby authorized, cue agent of the City, to construct said overpass project at the location, to the grade and in the manner as shown on 'Exhibit All and to be shown on "Exhibit 33. 11 Section 11. That the Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and im- perative public necessity that the work herein provided for be begun and carried out promptly and with expedition, and that the contract aforesaid shall be immediately 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, Roy A* Batt= , the duly appointed, qualified and acting City Secretary of the City of Fort Worth �, Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a mcetin held on Wednesday A.D. . 19 tL7 , at 9:30 o'clock, • M. To certify which, witneeb my hand an sl official seal of the City of Vert Worth Texas, this the 2 h day of 19 , at Fort Worth Texas. cilLy g6cr,77tary of the City of Fort Worth Texas SEAL �. Ordinance (Overpass) . � � ( m© � ? i $ ° CIE K . rd cc f x - Trr§�[ � ! � . Er | \ • ■ | - . . ! ■ . . � - � . \� \ ! — { | !r _, . ■ LE ?PSI � � > £ � ■ , ` „2 , | � y » / ; ^ Jill , ! § ƒ.l , dy ��J� . � [