HomeMy WebLinkAboutOrdinance 2500 =)VULIT"' 'NO, 2'500
0161'rf Cm ral"'m
J84'1=27 7, 1948
T. tlu,,w P, &
FROM XAVT LABOASTMR AVE. TO T101KINERIT
Al "D.Z..'
V1,01, W. 0. Jone's
City
Denr Sir:
The City Council In molon Janunry 7, 1940 -
(1) Aprrov*4 Oontrwt No. 1943 and AdOPtOd Z500,
hetwoon the A&P, PR; Stn"J"m v1fg,,,bmjTmqf Caftuvilemiam nnit 01"Of 01tr
of Art Worth, prqvidlng for the InotAintion, mustruation,
use SnA of son UnArvass Koject at h
Of Hig
way o3 l, (Ie"'%as 81,rm.,sot) vrith, V�,,j,* �7,mopwtlom
of Unfujj" lr. "P. 7171? 1"'z'& 't'he"j 0,113y of W'ktrtk't;
(2) knt),tforiied you to execute the attached Contract No.
(3zhibit 3), nnd adopted Ordinance Sm 2500-A, 1,'),etweezt, the
007 of Fort vart1n, and the State U141mg, Comm aimmicat for 0110
im"rewvw;rtmmnnt md/or malatenanas of U. S. lligimomp, #81 from,
(3) of $30,000,00 A 0he -�mrira,,hovme of
r1"Rht-0f-wm'V"* said amount, to 1',xe, to 11=1 I%& 1W
Smitth UpraAeval.
Yours truly,
CITY 511101RUNTALRB"T"
copies:
C. M. TWA - Director of 1)uiblle Workn
H. 0. Michael - Cammissionpr of Amounts
V. S. Carlos - Paz Amptessor-Gollector
1. S. WoodwaW, Xnglneer 1w
state Rigbway Vamnrtment - 362 Majestio Ruildingjt. Worth, TT*z,1%,$ VG1
T&J?
6 n �
TA ' T COUNTY
CO oL, '1,4-:16-7
U0 (5'
V,. so HIGHNNY U
N ORDINANCE M CVI, G FCF THE IDSTAILATION, CORSTPVCTUP, EXXMTWEo T U AND MAIN-
TURANCE OF AN URVERPAJSS PROJE17T AT THE INTERSOUTInK
WITH Tat PROARTIZIM AIM TWKS CV TEE
W..,..,,.", , ... ,.. . . �,�.".x ",.. .a :""",",-,",-,-"""t"-',
" ..-,. t ,.., IT"' i w
ITE CITY TOE , NY THE Cif SOTEUKRY It A371X T WARFURUZ 4=1 ATTEMPT
133 SAKEI A CAIN CON TRW n CITY, THE STATE TZ AkItBOAD,
COMPANY PREVIDING FOR THE CF" SAID UN P F T b OF 'L " 418 10 ��
oss covAirr FOR SAID PF '° T 118 THE P :: , BY TISM STATE OF TUASO OV TIN O
T1CN COS" OF I PR " T; FOR Ui CITE ., S
TO AWOINING1 0=13* AND OTHER PILTZIUT AND BUSINMEWS 111D "T QF FOR ° PROT1CT1O1J OF TEE J CTAT OF TKX&S AAD THE RAZIROAUX) MN AGAZOT
TEE MAINTERAW77, OF TV UNTZRPASS F T; AND 12MILAXILING Alt EWQXT AND PROVIDING
VAT TKIS ORMANCS SML U IFFSDITUMV FEW AJCD Poprilk 1711 TIMMS
WHEVEAS, the panic convenlencei safety "Wig WOW 88 ty, ort,114, C ,t y,
and the people o the City ,,eaq ire that the grades of �
,..v.v�
(boars ASK) a
�W ,. � .
he m ..,� a a � � Ce An CSC
crossing at each mWeet or, road over the tracka of track said Ballroad Caulawy conatitultrA
e danger and sorlous InnomVenlence to the P b ie Web le ur a .t y requIred to So
roredled a , t > t tbfa rune„ ` p rance. rowdy is that of conatructing wi a Uriderpasa
US T the City hue ha"�a „ar,este xrahl %a' of Texas tc eottr but
Wanolal aid In the construction, o the under as rojoct; evnd
, the City bas requestea the Railroad, C ompa y to grant
tt:g6ro»n e as,,,A Tormission for the construction of said project across its
pr ar tl an ;, under its trots at; such inte "awnuation4 and,
the State of Texas s We It kricAln to the City that It will
silt the City In the oonptructionof sold, underpass „ r a, ect by urnishine Ida;
necessary funds for the actual coa et arc t a ; 'try plaois a ad ypets if lo t ions;
by awarding of construction oont ate , a,,nd by oupo ie ng 7,Tamild,i,
the City FFr as the plans, grades pan& alignment for said Cry eet; ruid,
Page 1 1-47-253
o d.ia ,e ("Cicderp e 0
NERSEAS, after completion of construction of said underpass project the
State of Texas agrees to maintain said underpass project at its sole cost and
exponso, except that portion to be maintained by the Railroad Company as provided
in the agreement between the City, the State of Texas and the Railroad. Company;
and
WHEREAS, the Railroad Company has made it known that it will grant a
license and pernIssion for said underpKes project to be constructed across its ;TrQP1 _
erty ara rn. der its tracks at the location herein stated; and
VDWAS, the City, in consideration of the providing of said underpass
projeot, agrees to protect the State of Texas and the Railroad Company frcza 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 in-
stallation, the ooastruction, the existence, the use and. the maintenance of the por-
tion for which the City herein accepts responsibility of said underpass project or
the passage and enfcrcement of this ordinance; and
WHEREAS, the Railroad Company is to maintain and to be responsible for the
maintenance of the underpass superstructure and its supporting substructure,
tracks, and other railroad facilities located upon the Railroad Company's property
and without expense to the City or State.
NGW, THSREFORE, BE IT ORDAD1ED BY THE CITY COIMCIL:
Section 1. That since the public convenience, safety and: necessity of
the City and the people of the City require it, an underpass be constructed and
provided at the intersection of , ax Street!
- - Q �4 y HJ gbway 01, (JA
with the properties and tracks of the. Tplag
the City.
Section 2. That the State of Texas be and is hereby fauthorized- to
construct said underpass project at the appvoximate 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 piano Govern-
ing the construction of said project have been prepared and approved by the City)
they are to be attache& hereto, marked "Exhibit B" and wKs a part of this ordhamce
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 assume or pay an direct,
incidental or consequential damages to Wjoinin8, abutting or other property or
business or to any teiiants occupying adjoining, abutting or other property caused
by, incidental to, or in any way connected with the passage and enforcement of this
ordinance and/or by the installation, the construction, the existence, the use and/cr
the maintenance of the portion for which the City herein accepts responsibility of
Page 2
Ordinance (Underpass) D-5
the project authorized herein, or to defend any suit or suits which may be brought
against said Railroad Company or the State of Texas by any party or parties for the
rocovory of any such damages.
Section 4. For and in consideration of the mutual covenants herein.
contained, the City does hereby agroe, that all damages and claims for damasoo, in-
cluAing, damages to adjoining, abutting or other property, if any there Ab arising
out of, incident to, or in any way connected with the installation, the con-
otruction) the use and/or the existence of said project and/or the maintenance of
the ,"jortlori t!loroof for which the City herein accepts res2onsibility, shall 'be
adluoted and gaid 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, aei",qands 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
of said yroject aid/or the maintenance of the portion thereof fnr which the City
herein acceyts responsibility, and agrees to assi.=- 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 Conoany
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 Railroad Company,
the State of Texas and each of them, harmless as to court costs, attorney's fees
and all expenses in connection with such suits, and hereby assurers and agrees to
gay all Judgments recovered against said Railroad Company an:l/or the State of Texas
by reason of the construction, the installation, the use anal/or the existence of
said project and/or the maintenance of the portion thereof for which the City
here-in accepts responsib-i-lity.
Section 5. That the State will maintain or cause to be maintained the
streets, sidewalks, light system and drainage under the street and drainage system
fox the underpass project. The State assumes the entire responsibility of such main-
tonance as above described. Nothing however 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, of 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 street, sidewalks,
light system and/or drainage under the street and drainage system for the underpass
project located either on or off of the Railroad Corgany's right-of-way and the City
will sava the Railroad Company and the State of Texas harmless from any damages
arising from said maintenance anti,/or the use of said project. The Railroad Camianqy
will maintain and be responsible for the maintenance and operation of the Grade
separation superstructure and its substructure, tracks and other railroad facilities
located upon the Railroad Company's right-of-way.
Section 6. 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 provicions of this ordinance, in this form attached hereto and marked
"Exhibit C" . The City SecrutaxT is hereby directed to attest the agreement a-na
contract and to affix the proper seal of the City thereto.
Page 3
1-47-253
Ordinance (Aderpass) D-5
Section 7. That the State be and is hereby authorized, as agent of
the City, to construct said underpass project at the location, to the grade and in
the manner as shown on "'Exhibit A" and to be shown on "'Exhibit B".
Section S. 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 immedi -
ately 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
ordiijance on three several days is hereby dispensed with and the same shall be in
full orce and effect from and after its passage.
STATE OF TEXAS 0
COUNTY OF
the duly appointed,
qualified and acting City Secretary of the City of FpX!tlWlor,thl,.,,,,,.,,,,.,
Texas, hereby certify that the foregoing pages constitute a true and correct copy
of an ordinance duly passed by the 0i,ty Council at a meeting held on....
................ --o' clock, A, M.
To certify which, witness my hand and official sea of the City of
Fort Worth Texas, this the ......day
at Fo,rt. forth
............... ......
..............
ow"',
City Sec retar4of the City,/Fort orth
Texas
4-36-507
4 tlp2tt
Ordinance (Underpass)
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