Ord 1746 2/13/1956a a
ORDINANCE NO.1746 Wichita County Control 43--9 - U -UG 3 (9)
,SAN' ORDINANCE . PROVIDING- FOR TiIE = 2NSTALLATION - - :CONSTRUCTION- - . EXIST &CE, USE AND
MAINTENANCE OF AN OVERPASS- PROJECT, AT,-,, Tn • INTERSECTION; OF ................................................
U. S. HIGHWAY 287 ( EXPRESSWAY ) ........................... ._....--- .......
.......
WIT$ THE PROPERTIES AND TRACKS OF' THE ...................................................... .................. ................ ............... ........................ ...............................
FORT WORTH ADS] DKTVER RAILWAY COMPANY
. ............................... . . .............. ........- ...................... -- - ....... _................................................................... ..................,.......................
-...... ..............._....-.. " ..... .... ...........-......-......................................................_......................._.... ........................ ..............................
IN THE CITY OF ...•... „,:.... 5'T1CHI TA .rALlS..- ................... , TEXAS;,AND” AUTHORIZING. ' THE. 'MAYOR ,
OF THE CITY TO EXECUTE AND THE CITY; SECRETARY TO AFFZX,,TM CORPORATE SEAL-:AND
ATTEST THE SAME, A CERTAIN. CONTRACT BETWEEN - THE° CITY;.: THE ;STATE OF TEXAS; -,AND: THE
RAILROAD.COMPANY PROVIDING FOR THE- INSTALLATION,,CONSTRUCTION, EXISTENCE, USE ',
AND MAINTENANCE OF SAID.OVERPASS PROJECT;;FOR.-,THEGRANTING OF LICENSE -AND PER
MISSION 13Y THE RAILROAD COMPANY FOR SAID PROJECT; TOR-THE PAYMENT, BY THE :,STATE
OF TEXAS, OF THE - CONSTRUCTION COSTS OF SAID PROJECT; FOR THE ASSUMPTION, BY:THE.
CITY, OF ALL DAMAGES;TO,ADJOINING, ABUTTING AND OTHER PROPERTY AND BUSINESS AND
TO TENANT OR OCCUPANT. THEREOF;- FOR -THE. PROTECTION OF..THE STATE OF TEXAS AND,THi.
RAILROAD C014PANY AGAINST'ALL.SUCH DAMAGES -.AND EXPENSES IN GQNNECTION WITH ANY
CLAIM OR SUIT THEREFOR: FOR,THE MAINTENANCE OF THE OVERPASS PROJECT;. -AND
DECLARING AN EMERGENCY AND. PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM -
AND AFTER - TITS PASSAGE.-,
WHEREAS, the public convenience;, safety and necessity. of the City-
and the people of the City require that:the grades of
.....................
U. S . Highway 287 (Eresswar�
axid , the- tracks of- the
........................ ............ ...... . ...... .... ................ .... . .............. .... .......... .. .
Fort trorth and Deaver Rail.wa r..Coppany
be separa, ed 'by tYie Con�ti^�zetion.of' an aver�a�e pro,�ea��: �1nce_ the- exia�i ._
grade crossing at such.street- or:road over the tracks of said- Ral -Iroad Company
constitute•a danger and serious inconvenience to the, public which is .urgently,
required to be remedied and that the, only .practical- remedy ,is- that of con
structing an overpass as herein provided; and
WHEREAS., -. the City has -requested the State of Texas- to: contribute,
f inancial: aid- -in the- construction�.of then overpass project;,. and
WHEREAS, the City has- ,requested the:RailrpA&,Company,,to grant a
license and permission for the construction,of;:sai.d� overpass- project - across..
its property and over its tracts;,-at such -.Inter.s,ection ;,,and
WHEREASi the State.:of - Texae.::has made: it known L to, the City that-- It,
gill, asai st the:, City ,in the. construction ,of-, said: overpass project by, cfuiLsh -, .
ing the ; necessary fund.e - f or � the,,.actual 'construction: by- preparing plans and
specifications; by ,awarding of construction contracts; -by,:, supervising con -_,.,
struction;:. and_ by:- -assisting in, the mai;ntenance.,,of said: •prpJect j providing . the .
City approves .the plane, , grades. and alignzent far ssid. projeect): and. after eom.- .,
pletion -of construction will maintain' certain.' features ,of said- ovdrpass, pro ject;-
ana
11� 47: -2872
D-5..
I Ordinance- (Overpass)
WMEAS,'the Railroad Company has made it known-that,-it will grant a
license and permission for said overpass project to be constructed across its
property and over its, tracks at the location herein stated; and
W'AS, the City, in consideration of the providing of said overpass
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 overpass project or the passage and enforcement of this ordinance; and
WKEMS, the City will assist in the maintenance and be responsible
for their portion of the maintenance of the overpass project.
NOW, THREWORE, BE IT ORDAINED BY THE CITY COUNCIL:
Section I. That since the public convenience, safety and necessity
of the City and,thhe people of the City require It,�an overpass be constructed
and provided at' the intersection of ........... U,. „5,,..Hihway. 28�,,,_ �Epresswap.) ...................
with the properties and tracks of the . ..... ......... ......................... ... ............. ..._........................................... ..
........ . ........ .... Fart ... lfoxth...and..Denvex._ Railway ... Company... ... . ..... .................... ..............
..
............. ..................................... .................... ............................... ... ........... ........:............. ... ................ ... ........ . ... in the City.
Section 2. That the State of Texas be and is hereby authorized to
construct said overpass project at the approximate location and in the general
manner shown on the plan, attached hereto and marked "Exhibit A” and wade a
part hereof in all respects. Detailed plans., showing location, grades, 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 "Exhibit B" 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 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 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 Company 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 covenante herein
contained, the City does hereby agree that all damages and claims for damages
to adjoining, abutting or other property, if any °there be, arising out of,
incident to, or in any way connected with the installation, the construc-
tion, the use, the existence or the maintenance of said project, shall. be
2 11 -47 -2872 R
D-5
Ordinance (Overpass)
adjusted and paid solely by the City and the City shall and does hereby agree to
hold harmless said Railroad Company and the State of Texas against any send al
claims, demands and causes of action for recovery of an and all-such demages
arising out of the installation, the- oorwtructiori, the use arid. /or, the existence
and /or the maintenance of sai& project, and- agrees' to assume the defense cif any.
and: all suits brought for-the recovery of all such alleged datageb, and shall in-
tervene and make itself a party there iii in its own' name, if it is' riot alread„v made
a party thereto, for the purpose,: and shall if' requested. in writing: by the Rail-
road 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 Rail-
road Company, the State of Texas and each of them,. harmless as to court-costs, at-
torneys' fees and all expenses in connection with such suits and hereby assumes
and agrees to pay. all judgrAents recovered against said Railroad Company' and /or the
State of Texas by reason�of` the construction, the installation, the use and /or the
existence and /or the maintenance of said project.
Section 5.. That the State will maihtafii the roadway, sidewalks,: drainage
structures and overpass structure, and the City will maintain all street lights',
traffic lights, and. signal, devices and sweep,, flush and otherwise keep said project
in a clean and, sanitary manner, and nothing contained' herein shall ever be'con.o`
atrued to: place upon. the. Railroad Can pang- and /or the State of Texas ` any mariner' of
liability fox injury to,. or' death of persons, or' for damage to'-or lose of property
arising from or in any manner connected with the maintenance or'use of the overpass
project located either on or off of the Railroad Company's right -of -way, arid. the
City `rill save the Railroad Company and the State of Texas harmless from any dams.
arising from said . maintenance and /or the use of said pro ject.,
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 in,.
stallation,.repair,.removal, or adjustment or -.any. such publicly or privately owned
utilities • or services, which may. occur after the completion of 'the the said overpass
project.,
Section 7; . That-the-City will refrain- from- passing an` ordinance fixing a
speed limit on said overpass'project of under twenty.(20) miles per hour nor will
its -al2,6w the erection of signs, semaphores and /ok, eignalh 'that wi.il :
Section 10. That the Mayor -of `the Olty,.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 iritied.iately 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. &iya is hereby dispensed with.and
the same shall be iii full force and effect from and after its- passage.:
'PASSED AND APPROVED this 13th day of February, 1956.
STATE OF TEXAS 5
COUNTY Oj?WICHIT4
City
t.
1, .- qeo. T. Henderson ,.the duly appointed,.
qualified and act�.ng City Secretary 'o, f the ...... City of .-Wichita.,,Fa�ls ,
Texas,. hereby certify.. that .the foregoing pages constitute a true and correct
copy of an ordinance duly passed by the City Council at a meetir43 held on
.13:th........ , of-- Feb=,,az7 ..................... , A.D.0 19 ,56 . r at .. RWQ.......... oIGlock .. ..�_ M.
To certify vhich; witness my hand and official seal of the City of
.......�± ichi:� .. 'aI1 ................... , Texas, this, the .._... � 5...... day, of �' ebruarY ......................... 1
19,,,,56 ,. at Y;ichita Falls ,. Texas,
4
..�
City Seoretaxy of�thra .City of
Wi chi -t a. Falls .
, Texas
11-47 -2872
D45
Ordinance (Ovwpam)
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