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Home My WebLink AboutOrdinance 4020 CITY OF FORT WORTH ORDINANCE NO. 1020 AN ORDINANCE PROVIDING FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNAL(S) AT THE INTERSECTIONS) SHOWN ON EXHIBIT NO. 11 ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF . . . . . . . .t,9M V9ruL. . . . . . . . . , TEXAS, AND AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE, AND THE CITY SECRETARY TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT BETWEEN THE CITY AND THE STATE OF TEXAS PROVIDING FOR: THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF SAID HIGHWAY TRAFFIC SIGNAL(S) ; PAYMENT, BY THE STATE OF TEXAS, OF THE INSTALLATION AND CONSTRUCTION COSTS; PAYMENT BY THE CITY OF THE COST OF OPERATING AND MAINTAINING THE HIGHWAY TRAFFIC SIGNAL(S) AND ALL THE POWER COST FOR OPERATING SAID HIGHWAY TRAFFIC SIGNAL(S); CHANGES IN THE DESIGN OF OPERATION AND TIMING OF THE HIGHWAY TRAFFIC SIGNAL(S) AND REMOVING ANY PART OF THE HIGHWAY TRAFFIC SIGNAL(S); RETURN TO THE STATE OF ANY AND ALL PARTS OF SAID TRAFFIC SIGNAL INSTALLATION(S) REMOVED BY THE CITY; POLICE ENFORCE- MENT BY THE CITY REQUIRED FOR SECURING OBEDIENCE TO THE HIGHWAY TRAFFIC SIGNAL(S); PROTECTION OF THE STATE OF TEXAS AGAINST ALL DAMAGES AND EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREFOR; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety, and necessity require that the highway traffic signal(s) be installed at the intersection( s) shown on Exhibit No. 1, attached hereto, sincce the unprotected intersection(s) would constitute a potential danger and a serious inconvenience to the public which are urgently required to be remedied and that the only practical remedy is that of installing the highway traffic signal(s) as herein provided; and WHEREAS, the State of Texas has made it known to the City that it will: (1) furnish the necessary funds for the actual construction, (2) prepare plans and Ordinance (Traffic Signal' - Expressway Type E-1) -1' Form D-18-3 11-28-56 specifications, (3) install said highway traffic signal(s), and (4) supervise con- struction, provided the City will: (1) approve the plans, specifications, and location of said highway traffic signal(s), (2) operate and maintain the signal(s) , (3) pay all power costs for operating the signal(s), (4) obtain written approval of the State Highway Engineer before making any changes in the design of operation and timing of the signal(s) or before removing any part of the installation(s), (5) return any and all parts of said highway traffic signal installation(s) to the State of Texas should they be removed by the City for any reason other than for installation on a State or Federal numbered highway route at a location approved by the State of Texas, and (6) be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). WHEREAS, the City, in consideration of the providing of said highway traffic signal(s) , agrees to protect the State of Texas from any and all liability for any and all damages caused by the installation, construction, existence, use, operation, and/or maintenance of the highway traffic signal(s) or the passage and, enforcement of this Ordinance. NOWJHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: Section 1. That since the public convenience, safety, and necessity require it, highway traffic signal(s) be constructed and provided at the intersec- tion(s) ntersec- tions) shown on Exhibit No. 1, attached hereto, in the City of . . . . . . . .. . . . . . . . . . . F9M KOTo ', ;, , , , , , , , ' Texas. Section 2. That the State of Texas be and is hereby authorized to con- struct said highway traffic signal( s) at the location(s) and in the manner shown Ordinance (Traffic Signal - Expressway Type E-1) -2- Form D-18-3 11-28-56 on the plans and described in the specifications attached hereto, marked "Exhibit A," and made a part hereof in all respects. Section 3. That nothing in this Ordinance shall be construed as to require 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 and/or by the installation, construction, existence, use, operation, and/or maintenance of the highway traffic signal(s) authorized herein, or to defend any' suit or suits which may be brought against the State of Texas by any party or parties for the recovery of any such damages. Section 4. That for and in consideration of the mutual covenants herein contained, the City shall and does hereby agree to hold harmless the State of Texas against any and all claims, demands, and causes of action for recovery of any and all damages arising out of the installation, construction, existence, use, operation, and/or maintenance of said highway traffic signal(s), 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 State of Texas so to do, wholly relieve the State of Texas from defending the same, and hereby agrees to hold the State of Texas 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 the State of Texas by reason of the installation, con- struction,existence, use, operation, and/or maintenance of said highway traffic signal(s). Ordinance (Traffic Signal - Expressway Type E-1) -3- Form 8-18-3 11-28-56 Section 5. That the City will operate and maintain the signal(s). Section 6. That the City will pay all power costs for operating the sigaal(s) . Section 7. That the City will obtain written approval of the State Highway Engineer before making any changes in the design of operation and timing of the signal(s) or before removing any part of the highway traffic signal installation(s) . Section 8. That the City will return any and all parts of said highway traffic signal installation(s) to the State of Texas should they be removed by the City for any reason other than for installation on a State or Federal numbered highway route at a location approved by the State of Texas. Section 9. That the City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s) . Section 10. 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 in accordance with and for the purpose of tarrying out the terms and provisions of this Ordinance, in the form attached hereto, made a part hereof, and marked "Exhibit B. " The City Secretary is hereby directed to attest the Agreement and Contract and to affix the proper seal of the City thereto. 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 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 immediately Ordinance (Traffic Signal - Expressway Type E-1) -4- Form D-18-3 11-28-56 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. Ordinance (Traffic Signal - Expressway Type E-1) -5- Form D-18-3 11-28-56 STATE OF TEXAS COUNTY OF Roy A. Bateman , � the duly appointed, qualified and acting City Secretary of the City of . Zo.rt Xp,t,h, , , , , , , , ,, , , , , , , , , , , 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 the day of . . . . .. . . .Janua4Y. . . . . . . . . . . A.D. 19. . 9., at .. . .9.:AQ ..o'clock,. . . . . .A«. . ..M. To certify which, witness my hand and official seal of the City of • . . • . . . . .. . ..FRrtC-WR3ZVh. . . . . . . . , Texas, this the . ..� �, . , day of. &TAnuara.. . . . . ... . A. D. 19.5o , at Fort Worth . .. .. .. .. . . . . . .. . . . . Texas. . , C't cretary of the City of . .Fort. .oxth..... .. . . . . , Texas Ordinance (Traffic Signal - Expressway Type E-1) -6- Form D-18-3 11-28-56 l EXHIBIT NO. 1 LOGAT1014 Or' uu'Ii;'fiu1V(5) cl lk 16 PROPOSED LOCATIONS - TRAFFIC SIOF GNALS { I oft urainance (Trarfic Signal - Expressway Type E-1) Eolm li-10-3 r- 11-2d-50