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HomeMy WebLinkAboutORD 1978-003 r �;... � ORDINANCE NO. 78-3 �w:: ; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING A CHANGE � ORDER TOA CERTAIN CONSTRUCTION CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SUCH CHANGE ORDER; DECLARiNG AN EMERGENCY ' WHEREAS, the City has heretofore entered into a certain construction contract dated December 20, 1977, between the City and Cardinal Bui Iders, Inc., Lewisville, Texas, in the amount of $297,544.00; and WHEREAS, City Counci) has found and determined and by these presents does hereby find and determine that a certain Change Order No. 1 attached hereto and made a part hereof as Exhibit "A" should be approved with reference to the afore- mentianed construction c�ntracf, and such approval should be evidenced on behalf of the City by the Mayor; and �" NOW, THEREFORE, BE IT ORDAINED BY THE CIN COUNCIL OF THE CtTY ' OF GRAPEVINE, TEXAS: '� Section 1 . That Change Order No. 1 attached hereto a5 Exhibit "A" resulting in a net reducfiion in the construction contract of $$,760.00 is hereby approved with reference to that certain construction contract referred to in the preamble hereof. Section 2. That the Mayor is hereby authorized and directed to evidence the City's approval of Change Order No. 1 by execution thereof on behalf of the City. Section 3. That the pu6lic importance of this measure and the fact thafi it �s t� the best interest of the City that such Change Order be execufied as herein contemplated constitutes an emergency and creates a necessity for the immediate preservation of the public peace, health and safety of the citizens of the City, which require� that this ordinance be passed and take effecfi as an emergency measure, and it is accorclinly ordained that this ordinance be in ful) force and effect from and after i ts passage o PASSED AND APPROVED ON THIS THE 24TH DAY OF JANUARY, 1978 �•- --�--���--�G_ q,�'r=S'j; Mayor, City of Grapevine� Texas ,��»>. `' ;'f;� f ��` �✓�� ;�'�.� <, �ifiy e�retGty, City'o Grapevine, �'exas [SEAL] APPROVED AS TO LEGALiTY: � . � � Ci ty ttomey, Ci ty Grapev i ne, Texas EXHIBTT "A" �: ,. AVIGATION RELEASE .�,,,� T H E S TA TE O F TEXA S � � � COUNTY OF TARRANT � WHEREAS, , hereinafter called "C�wner" (whether oneor more), is the owner of that certain parcel of land situated in the City of Grapevine, Tarrant County, Texas, being more particularly described in Exhibit "A`' attached hereto and incorporated by reference herein; NOW, TH�REFORE, in consideration of the sum of ONE AND 00/100 ($I .00) DOLLAR and other good and valuable consideration, the receipt and � sufficiency of which is hereby fully acknowledged and confessed, Owner does �,,, hereby waive, release, remise and quitclaim to the City of Grapevine, Tarrant County, Texas, the Dallas-Fort Worth Regional Airport Board, the Cities of Dallas, Texas and Fort Worth, Texas, their successors and assigns, hereinafter called "Cit ies, for the use and benefit of the public and its agencies, any and all claims for damages of any kind to persons or property that Owner may suffer by reason of the passage and flight of all aircraft in the air space above Owner's property above the height restriction as pres�ntly established by Ordinance No. 73-50 of the City of Grapevine, known as the Airport Zoning Ordinance of the Dallas - Fort Worth Regional Airport, to an infinite height above same, whether such damage shall � originate from noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the operation af aircraft land'mg at, or taking off from, or operating at or � ��� on the Dailas-Fort Worth Regional Airport. � This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to noise, fumes, dust, fuel and lubricant particles. It is agreed that this Release shall be binding upon said owner and his heirs and assigns, and successors in interest to said property described in �xhibit "A" attached hereto, and it is further agreed that this instrument shall be a covenant running with the land, and shall be recorded in the Deed Records of the county or counties in which the property is situated. � EXECUTED at , Taxas, this day of � , A.D., 19_ OWNER ATTEST: � � � � 1 •1 •. A 1'1___ _ �