HomeMy WebLinkAboutOrdinance 3456�' .WMZM M,
ORDINANCE NO. 34-_
.�, 6
TARRANT CO. CONTROL 1068-1 uaTi-lo82
AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND
hIATNTENANCE OF AN UNDERPASS PROJECT AT THE INTERSECTION OF STATE HIGHWAY 550
WITP THE PROPERTIES AND TRACKS OF THE TEXAS AND NEW ORLEANS RAILROAD COMPANY,
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY., THE T1,XAS AND PACIFIC RAIL-
WAY COMPANY, FORT WORTH UNION PkSSEN(',I.R STATION COMPANY, FORT WORTH AND
DENVER RAILWAY COMPAVY, AND GULF, COLORADO AND SANTA FE RAILWAY COMPANY IN
THE CITY OF FORT WIRTH, TEXAS, AND AUTHORIZING THE MAYOR OF THE CITY TO ExE-
CUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME,
A CERTAIN CONTRACT BETVFEE4 THE CITY, THE STATE OF TE&S AND THE RAITROa) C0111-
PANY PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE AND MAIN-
TENANCE OF SAID UNDERPASS PROJECT; FOR THE GRANTING OF LICENSE AND PERMISSION
BY THE RAILROAD COMPANY FOR SAID PROJECT; FOR THE PAYME TT, BY THE STATE OF
TEXAS, OF THE CONSTRUCTION COSTS OF SAID PROJECT; FOR THE MAINTENANCE OF THE
tDJDER.RA.SS PROJECT; FOR DETERMINING THE LIABILITIES AND RESPONSIBILITIES OF
THE CITY, TIU' STATE AND TtTE RAILROAD COMPANIES; AND DECLARING AN EIS ERGEITCY
AND IROVIDINO THAT THIS ORDINANCE SHALL BE EF.17,QTIVE FROM AND AFTER ITS
PASSAGE.
Vfl=ri,P,S, the public convenience, safety and necessity of the City,
and the people of the City require that the grades of State Highway 550 and
the tracks of the Texas and New Orleans Railroad Company, Chicago, Rock Island
and 'Pacific Rail -road Company, The Texas and Pacific Railway Company, Fort
Vlorth Union Passenger Station Company, Fort Worth and Denver Railway Company
and Gulf, Colorado and Santa Fe Railway Company be separated by the construc-
tion of an underpass project, since a grade crossing at this street or road
would. constitute a danger and serious inconvenience to the public which would
urgently require to be remedied and that the only practical remedy is that of
constructing _Lng an underpass as herein provided; and
WHEREI&S, the City has requested the State of Texas to contribute
financial aid. in the construction of the underpass project; and
71-HERE&S, the City has requested the Railroad Company to grant a
license and permission for the construction of said underpass project across
its property and under its tracks at such intersection; and
A1,1HEREA.S.9 the State of Texas has made it known to the City that it
will assist the City in the construction of said underpass project by fur-
nishing the necessary funds for the actual construction; by preparing plans
and specifications; by awarding of construction contracts; by supervising
construction; and by assisting in the maintenance of said project., providing
the City approves the plans, grades and alignment for said project, and
after completion of construction will maintain certain features of said
underpass project.
Ordinance (Underpass) 1
VQKf+'NFAS, the Railroad Company has made it known that it will
grant a license and permission for said underpass project to be constructed
across its property and under its tracks at the location herein stated; and
Ii{LREAS, the City, in consideration of the providing of said
underpass 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.
abrttin.g property or other property or bus:i_nyss or to any tonnnts occupying
such property, caused by the i.nntall.ation, the construction, the existence,
the use and the maintenance of said underpass project or the passage and
enforcement of this ordinance; and
the Railroad. Company is to maintain and to be responsible
for the maintenance of the underpass superstructure and its supporting sub-
structurp, tracks, and other railroad facilities located upon the Railroad
Company's property and without expense to the City or State.
NCW;F, `I HT �FIFO?3E BE IT ORDAINED Sy THECITY COUNCIL:
Section. 1. That since the publ:i_c convenience, safety and necessi-
ty of the City and the people of the City require, it, an underpass be con-
structed and provided at the intersection of State Highway 550 with the
properties and tracks of the W N.C. RX. Co., C.R.I.&P. R.R. Co., TAP. Rye
Co., Ft.W.U.P.S. Co., FtMAD. Ry. Co., and C.C.&S.F. Ry. Co., in the City.
Section 2. That the State K Texas be and is hereby authorized to
construct said underpass project at the approximate location and in the ,gen-
eral manlier shown on the plan, attached hereto and. marked "Exhibit P and.
made a part hereof in all respects. Detailed plans, showing location, grades,
etc., axe to be later prepared covering the construction of the project and
when said plans governing the construction of said project have been prepared
and approved by the City, they are to be attached hereto, marked "Exhibit W
and made a part of this ordinance in all respects.
Section 3. That nothing in this ordinance shall he construed as to
require said Railroad Company or the State of Texas to assume or pay any dir-
ect, 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 suit or suits which may be brought against said Railroad Com-
pany or the State of Texas by any party or parties for the recovery of any
such damages.
S�ct,_ion Li ® or and in consideration of the mutual covenants herein
contained, the City does hereby agree that all damages and claims for damages,
for which there is a legal liability on the part of the City, the State andor
the Railroad Company, to adjoining, abutting or other property, if any there
be, arising out of, incident to, or in any May connected with the installation,
the construction, the use, the existence, or the maintenance of said project
shall be adjusted and paid solely by the City and the City shall and does
Ordinance (Underpass) 2
hereby agroe to hold harmless said Railroad Company and the State of Texas
against any and all claims, demands and c:aus(>s of action for recovery of any
and all su.cl-i t:lama�es arising out of the installation, the e 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 11,.ailroad Company or the State of Texas
so to do, whclly 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, attorneys fees
and a.11_ expanses in connection with such suits, and. herehy assumes and agrees
-to pay all judgments recovered against said Railroad Company or the State of
Texas by reason of the construction, the installation, the use, the existence,
or the maintenance of said project.
Section 5. That the State will maintain the streets, sidewalks,
drainage under the street and drainage system for the underpass project, and
nothing, contained herein shall ever be construed to place upon the Railroad
Company 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 man-
ner connected with the maintenance or use of the street, sidewalks, light
system or d_raina`le under the street and drainage system for the underpass
project 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 frr,m said maintenance or the use of said project. The Rail-
road CompaT)T will maintain. and be responsible for the maintenance of the
grade separation superstructure and its substructure, tracks and other rail-
road facilities located upon the Railroad. Company's right -of way.
Section 6. 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 installation, repair, removal, or adjustment or any such. publicly or
privately owed utilities or services, which may occur after the completion
of the said underpass project.
Section 7. That the City agrees that traffic regulations will be
estal:)li.shrpd_ and speed li_iCits fixed by agreement -with the State as represented
by the State Hirliway Engineer after traffic and engineering surveys have been
conducted.
Section 8. 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 provisions of this ordinance, in the _form
attached h(,rc,to and marked "Exhibit C" . The City Secretary is hereby directed
to attest the agreement and contract and to affix the proper seal of the City
thereto.
Ordinance (Underpass) 3
Section 9. 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 All and to be shown on "Exhibit B".
.Section 10. 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 afore-
said shall be immediately made, executed and delivered to the end that such work
therein provided for may be bogun 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 I
COMY CF %�/604' _1
ROY A. BATEMAN the duly appointed,
1, .. .......
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 meeting held. on _ ,
5�.- ...� A. D., 195 , at _ _. 9. 030 . o' clock, M.
To certify which, witness my hand and official seal of the City of
..F..O.RT . WORTH , Texas, this the day of , ,
19s() at ..FO.RT. WO.RM-, Texas,
.'4/t"2/,. �f �theCity of
Texas........FoR-` QRTK-
4 11-47-2906
Ordinance (Underpaso) D-5
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FINAL SITE PLAN
"VIEWPARK ADDITION"
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