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Home My WebLink AboutOrdinance 3223 r � Form 1002 MUNICIPAL ORDINANCE 3 Z 2- (Construction, (Construction, Reconstruction and Maintenance) AN ORDINANCE PROVIDING FOR THE RE CONSTRUCTION AND MAINTENANCE OF THE PORTION OF_ St/ HIGHWAY NO. 183 IN THE CITY OF Fort Worth HEREINABOVE REFERRED TO AS "THE STREET PROJECT" 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, HE MAINTENANCE, EXISTENCE AND USE OF THE SAID STREET PROJECT; FOR THE INDEMNIFICATION OF THE STATE OF TEXAS, BY THE CITY, AGAINST ALL DAMAGES TO ADJOINING, ABUTTING AND OTHER PROPERTY, AND FOR EXPENSES IN CONNECTION WITH ANY CLAIM OR SUIT THEREOF: AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the public convenience, safety and necessity of the city, and the people of the city require that the portion of State Hirhway 1830 Northeas* 0-25 Mi frau its interseotion with State Hiway 199 Se—re constructed. Since the existing street constitutes a danger and serious in- convenience to the public, it is urgently required to be remedied: and WHEREAS, the city has requested the State of Texas to contribute financial- ly in the street project; and WHEREAS, the State of Texas has made it known to the city that it will assist the city in the street project by furnishing the necessary funds for actual construction, reconstruction and maintenance; and by supervising construction, pro- viding the city approves the plans, grades and alignment for said project; and WHEREAS, the city, in consideration of the providing of said project, agrees to indemnify the State of Texas against all damages or claims for damage to adjoining, abutting or other property for which the State is liable, arising out of, incident to, and in any way connected with the installation, the,_Mconstruc- tion, the existence, the use and maintenance of the street project or the passage and enforcement of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: SECTION 1. That since the public convenience, safety and necessity of the city and the people of the city require it, said street shall be rt constructed. SECTION 2. That the State of Texas be and is hereby authorized to enter upon`construct and maintain the street project at the location and in the manner shown on the plans, attached hereto and marked "Exhibit A" and made a part hereof in all respects. SECTION 3. That nothing in this ordinance shall be construed to obligate the State of Texas to pay any direct, incidental, or consequential damages to adjoining, abutting or other property in enforcement of this ordinance or by reason of the installation, rO .construction, existence, use and maintenance of the street project authorized herein. 1 Form 1002 SECTION 4. For and in consideration of the mutual covenants herein con- tained, the city does hereby agree to indemnify the State of Texas against all damages and claims for damages to adjoining, abutting, or other property for which the State of Texas is liable, arising out of, incident to, or in any way connected with the installation, the Pe construction, existence, use and maintenance of said street project and does hereby agree to indemnify the State of Texas against all court costs, attorneys' fees and all expenses in connection with suits for such damages, and shall, if requested to do so in writing, assist or relieve the State of Texas from defending any such suits brought against it. SECTION 5. Nothing contained herein shall ever be construed to place upon the State of Texas any manner of liability for injury to or death of persons or for damages to, or loss of property arising out of or in any manner connected with the maintenance or use of the street project and the city will save the State of Texas harmless from any damages arising out of said maintenance and/or use of said street project. SECTION 6. The Mayor of the city 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 carrying out the terms and provisions of this ordinance, in the form attached hereto 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 hereto. SECTION 7. The Mayor of the city, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the contract aforesaid shall be immediately made, executed and deliveed to the end that such work herein provided for may be begun and carried o 'promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. 2 Ab Form 1002 STATE OF TEXAS coum of TARRANT It. 9. BIRfDSON I, , the duly appointed, qualified and acting city secretary of the City of FORT WORTH t 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 A.D., 19 J` , at o'clock M. To certify which, witness my hand and seal of the City of TEXAS, this d day of , 19 at FORT WORTH City Secretary of the City of FORT WORTH Texas Ordinance (Highway Projects) 3 COUNCILMEN F. EDGAR DEEN.MAYOR COUNCILMEN T.L.CARLETON M. M.McKNIGHT JOE B. ELLIS MRS.JOE SPURLOCK EDD KANE JACK E. BURTON r Q O� � L � � J. DD.JF_TARLTON LE,.2[FE � ��lEli^ , D. "BU DDIE"THOMPSON W.O.JONES,CITY MANAGER Tm KALm PUBLIC WORKS DEPARTMENT C. M. THELIN, DIRECTOR July 13, 1954 ..-Mr. W. 0. 'Jones Re: Improvements to Intersection City Manager Jacksboro Highway and 28th St. Building Dear Sir: We are attaching herewith copy of a letter dated July 9, 1954s, from Mr. J. P. Cooper, Senior Resident Engineer, Texas Highway Department, together with four (4) copies of Municipal Ordinance and four (4) copies of Municipal Construction Agreement and original tracings covering plans for widening 28th Street (State Highway No. 183), north of Jacksboro Highway (State Highway No. 199) to provide for a left turn traffic lane on 28th Street. The Municipal Ordinance and Municipal Construction Agreement are similar to others approved by the City for projects constructed by the Texas Highway Department District Office and we recommend same for approval of the City Council and also recommend approval of the Plans. Yours ve:IN , CMT:hlj C. M. Attachs. PUBLIC WORKS DIRECTOR cc - Mr. H. C. Michael, Commissioner of Accounts Mr. E. S. Birdsong, City Secretary Mr. T. R. Buckman, Traffic Engineer C TEXAS HIGHWAY DEPARTMENT 0 FORT WORTH, TEXAS P Y July 9th 1954 Control 94-5 State Highway 183, From Intersection of St Hwy 183 and St Hwy 199, to 0.25 Mi N.S. Tarrant County Mr. C. Milo Thelin Director of Public Works City of Fort Worth Fort Worth Texas Dear Sir: We hand you herewith four (4) copies each of, Municipal Ordinance, and Municipal Construction Agreement, forms and plans for the above construction. Please have the City Council process the Municipal Ordinance and Municipal Construction Agreement at your earliest op- portunity, and have the plans signed in the space provided and return all copies to us for further handling. Yom usual cooperation will be appreciated. Yours very truly, /s/ J. P. Cooper J. P. Cooper C/o Senior Resident Engineer Encl. Tarrant County Residency