HomeMy WebLinkAboutOrdinance 3646 CITT OF FORT WORTH Tarrant County
ORDT NANCE NO- II L_ Control 8-12-13
1-1101 (10)
Loop 217
AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, 4XISTENCE, USE AND
MAINTENANCE OF AN UNDERPASS WIDENING PROJECT AT THE INTERSECTION OF LOOP 217
WITH THE PROPERTIES AND TRACKS OF THE MISSOURIKANSAS-TEXAS RAILROAD COMPANY
OF TEXAS IN THE THE CITY OF FORT WORTH, TEXAS, AND AUTHORIZING THE MAYOR OF
THE CITY TO EXECUTE AND THE CITY SECRETARY TO AFFIX THE CORPORATE SBk�wA
AND
HE 0- AND
ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY, T STATE OF R
THE RAILROAD COMPANY PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,
USE AND MAINTENANCE OF SAID UNDERPASS PROJECT; FOR THE GRANTING OF LICENSE
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 MAIN-
TENANCE OF THE UNDERPASS PROJECT; FOR DETERMINING THE LIABILITIES AND RESPON-
SIBILITIES OF THE CITY, THE STATE AND THE RAILROAD COMPANIES; AND DECLARING
AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTI)TE 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 the frontage roads of
Loop 217 and the tracks of the-'.Missouri-Kansas-Texas Railroad company of
Texas be separated by the construction of an underpass project, since a grede
crossing at this street or road would constitute a danger and serious incon-
venience to the public which would urgently require to be remedied and that
the only practical remedy is that of constructing an underpass as herein
provided; and
WHEREAS, the City has requested the State of Texas to contribute
financial aid in the construction of the underpass project; and
WHEREAS, 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
WHEREAS, 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
furnishing the necessary funds for the actual construction; by preparing
plans and specifications; by awarding of construction contracts; by superu
wising 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)
............... ..............................
WHEREAS, 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
WHEREAS, 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
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 underpass project or the passage and
enforcement of this ordinance; and
WHEREAS, the Railroad Company is to maintain and to be responsible
for the maintenance of the underpass superstv-ucture and its supporting sub-
structure, tracks, and other railroad facilities located upon the Railroad
Company's property and without expense to the City or State .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL:
Section 1. That since the public 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 Loop 217 with the properties
and tracks of the Missouri-Kansas-Texas Railroad Company of Texas, in the
City.
Section, 2. That the State of Texas be and is hereby authorised to
construct said underpass project at the approximate location and in the gen-
eral manner sh,9wn on the plan, attached hereto and marked "Exhibit A" and
made a part hereof in all respects. Detailed plans, showing location, gra4es,
etc., are 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 "ExhibitTB"
and made a part of this ordinance 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 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.
Section 4. For 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 and/or
the Railroad Company, to adjoining, abutting or other property, if any there
be, arising out of, lftcident to, or in any way 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 agree to hold harmless said Railroad Company and the State of Texas
against any and all claims, demands and cat)_sfis of action for recovery of any
and all sucks damages 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 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 assumes and agrees
C)
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 drainage 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 from said maintenance or the use of said project. The Rail-
road Company 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 owned 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
established and speed limits fixed by agreement with the State as represented
bIlT the State FIiF;hwa-y Engineer after traffic and engineering surveys have been
conducted.
Section L9. 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 Compan-
y in accordance with and for the purpose
of rarryinf,,,
., out the terms and provisions of -this ordinance, in the form
attached hernto and marked "F'xhibit C" . The City Secretary is hereby directed
to attest the a(-reement 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, a3 agent of the
City, to construct said underpass project at tLe location, to the grade and in the
manner as shown on "Exhibit A" 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 1being in fact an emergency
and imperative public necessity tla,wrt the work herein provided for be begun and
carried out promptly and with expedition, and that the contract aforesaid shail
be immediately made, executed and delivared 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 sevural days is hereby dispensed with and the
same shall be in full force and effect from and after its passage.
STATE CF TEXAS
RUNTY OF
Ra A, twan_ the duly appointed,
qua4fied and acting City Secretary of the City of t'h
Texas, hereby certify that the foregoing pages constitute a true and correct copy'
of an ardinsnce duly passed by the City- Council at a meeting held oAr,", Thursday
M4' Z_23 d A. D. , 19 100) t
— Ur —32—, at clocl,
To certify which, witness my n&nd and official seal of the City of
Fort Worth ' Texas, this the 23rd day of _&JI
19_57, at Fort Worth Texas.
7
'At ' rrr, retary of the City of
Qrt Wbrthi Texas
4
Ordinance (Under7ass)
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