HomeMy WebLinkAboutOrdinance 7542 ORDINANCE NO. I J 'T 2—
AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO.
7518, WHICH GRANTS THE FORT WORTH AND DENVER
RAILWAY COMPANY, A CORPORATION, THE RIGHT AND
FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE AND
REPAIR CERTAIN SPUR TRACTS IN, ON AND ACROSS DEEN
ROAD IN THE CITY OF FORT WORTH, TEXAS, BY PRO-
VIDING THAT THE CITY OF FORT WORTH WILL PARTICIPATE
IN THE COST OF CONSTRUCTION OF RAILROAD FLASHING
SIGNALS AT SAID LOCATION; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ORDINANCE NO.
7518; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Section 4 of Ordinance No. 7518, be and the same is
hereby amended, and after such amendment Section 4 thereof
shall be and read as follows:
"Grantee, Fort Worth and Denver Railway
Company, covenants and agrees to construct
signal devices for the protection of vehicular
traffic crossing said spur tracts deemed neces-
sary by the City of Fort Worth, to be financed
90% Federal funds, 5% railroad funds, and 5%
City funds. Further, Grantee covenants and
agrees to maintain at its sole cost and expense
all said flashing light warning signals for
the protection of vehicular traffic crossing
said spur tracts."
SECTION 2.
That this ordinance shall be and is hereby declared to
be cumulative of the provisions of Ordinance No. 7518, except
in those instances where the provisions of this ordinance are
in direct conflict with such prior ordinance, in which instances
said conflicting provisions of such prior ordinance are hereby
repealed.
SECTION 3.
That this ordinance shall take effect and be in full
force and effect from and after the date of its passage,
by the City Council and its acceptance by the Fort Worth Eo�wn
and Denver Railway Company, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
RECOIvR�ENDFr
Chief Engineer
City Attorney
ACCEPTED: DATE: ✓ " ^° 77
FORT WORTH AND DENVER RAILWAY COMPANY
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By:
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City of Fort Worth, Texas
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Mayor and Council Communication
SANT R
DATE NUMBER SUBJECT: Fort Werth and Denver Spur PAGE
4/26/77 TE-160 rack Modification on Deen Road �
The Highway Safety Act of 1973 provided Federal funds for the installation of
flashing light signals at railroad crossings on City streets and County roads.
The State ]department of Highways and Public Transporation administers the
program which is financed 90% Federal .funds, 5 railroad funds, and 5% local
(City or County) funds.
On ,Tune 18, 1973, the City Council approved Ordinance No. 6852, which granted
the fort Worth and Denver Railroad permission to cross Deen Road with two
additional spur tracks to service the diesel fuel facilities being installed ;fin
the Company's north yard.
On May 21, 1975, the Fart Worth City Council agreed to eater into a contract
with the State and various railroads to install; flashing light warning signals
at five locations within the City under the above mentioned Highway Safety Act
of 197:3. One location involved the Fort Worth and Denver Railroad crossing of
Deen 'Road ('railroad serial number 8804).
On March 14, 19770 the City Council approved Ordinance No. 7518, which granted
the railroad permission to relocate the two tracks authorized under Ordinance
"Ho. 6852, connecting, them with other spur crossings for a net reduction in the
number of tracks crossing been Road. Section 4 of both ordinances, 6852 and
7518, read as follows
"Grantee covenants and agrees to construct and maintain at its sole cost
and expense, any and all signal devices for the protection of vehicles
crossing said spur tracks deemed necessary by the City of Fort Worth.`:"
While this section was properly included in Ordinance No. 6852, Section 4 of
Ordinance No. 7518 should have been worded to include the provisions for financing
as ,agreed to in the agreement dated May 21, 1975. Almost: immediately this
oversight was uncovered and the railroad and the State have requested the City
to amend Section 4 of Ordinance No. 7518 to read as follows:
"Grantee, Feat Worth and Denver Railway Company, covenants and agrees to
construct signal devices for the protection of vehicular traffic crossing
said spur tracts deemed necessary by the City of Fort Worth, to be financed
9% Federal. funds, 5% railroad funds, and 5% City funds. Further, Grantee
covenants and agrees to maintain at its sole cost and expense all said
flashing light warning signals for the protection of vehicular traffic
crossing said spar tracts."
Recommendation
i
It is recommended that the City Council approve the attached ordinance which
amends Ordinance No. 7518.
CG:a
tachment -
SUBMITTED BAY: C"YSPOSUTI SY COUNCIL- PROCESSED BY
APPROVED C3 !ETHER (DESCRIBE)
w � - c SECRETARY
DATE'
CITY MANAGER "7