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Home My WebLink AboutOrdinance 712 OROINANCE NO. An Ordinance granting to the GULF, COLORADO AND SA14TA FIT, SAILWAY :0,0, NY the right to construct, maintain and operate u main line of railway and rail-avay tracks over, upon and across the following named streets in the City of wort ','Vorth, 'Tarrant County, Texas, to-wit: One tract; in the center of Fourth Street, beginning at any point in said Fourth Street West of where the main line of the said Gulf, Colorado and Santa Fe Railway CompLany crosses said Fourth Street and East of terry Street where a track leading off from such iiiain line may conveniently enter Fourth Street; thence Iffest with the center line of said i+ourth Street to the East line of Jones ;itreet crossing all intervening streets by whatever name known and particularly `berry, Pecan and Grove Streets in said City; with the right and privilege of constructing spur, switch and side tracks leadins,- off near each street intersecting said Fourth Street that said track may cross; such spur, switch and side tracks to be located so as to serve industries that may be located on the sides of Fourth Street , the tracks so to be constructed, operated and maintained, to be laid along the lines and substantially according to -the blue print attached to and filed with this Ordi- nance; and providing; against damages to property or injury to per- sons 'on account of the location, construction, operation and main- tenanoe of said tracks, etc. B7 IT ORDAINED BY THE BOARD OF COQ+ dISSIONF AS OF THE CI'1'Y OF FORT WORTH: SECTION 1. That the Gulf, Colorado and Santa Fe Rail- wayoC'mpany, a corporation, is hereby granted the right to locate, build, construct, operate and maintain within the city of Fort Worth, Tarrant County, Texas, one track in the center of Fourth Street , beginning at any point in said Fourth Street ',,Vest of where the main line of the said Gulf, Colorado and Santa Fe Raiiway Company crosses said Fourth Street and East of Terry Street, where a track leading off from such main line may conveniently enter FourtY Street; thence 'Nest in the center of said Fourth Street to the Fast line of Jones Street , crossing all intervening streets by whatever name kno-;m and particularly Terry, Pecan and Grove Streets in said City, with the right and privilege of construct- ing spur, switch and side tracks leading off near each street intersecting said Fourth Street that said track may cross; such spur, switch and side tracks to be located so as to serve industries that may be located on the sides of Fourth Street, the tracks so to be constructed, operated and maintained to be laid along the lines and substantially according to the blue print attached to and filed with this Ordinance. SECTION 2. That the said Gulf, Colorado and Santa Fe railway -'3- Company shall have the right to construct, maintain and operate such railway tracks over and along said Fourth Street at such grade or grades as it may elect to use and as may be approved by the City Engineer of the City of Fort }North, Texas, it being understood that all work of laying and constructing the said lime of railway tracks, switches, switch +.racks, turn-outs, etc. , over and along said street , as hereinbefore described, shall be under the supervision of the City Engineer of the City of Fort `North, Texas, and in all things subject to his approval. SECTION 3. It is expressly understood and provided that the said Gulf, Colorado and Santa Fe Railway Company shall, at its own cost and expense, immediately after the co apletion of the con- struction of said tracks, switches, turn-outs, etc. put the street in Fzs good condition as it was prior to the construction of the tracks, switches, turn-outs, etc. , and as to this the City Engineer of the City of Fort 'North shall be the exclusive judge as to ,when this section of this ordinance shall have been complied with. SECTION_ 4. It is further provided that said Railway Company, in constructing its tracks, switches, etc. under the franchise hereby granted shall, at its own cost and expense, protect all sewer and water pipes and underground conduits existing upon or under the grade of the street or streets over ,which the tracks ahall be constructed, so as not to impair the usefulness of same. SECTION 5. Said Gulf, Colorado and Santa Fe Railway Compa^y, its successors and assigns, do hereby agree to indemnify and hold the City of Ft . 'North harmless because of and promptly to pay off and dis- charge or re-pay to the said City all damages, claims, judgments, attorneys fees and other costs and expenses rendered against , or in- curred or paid out by the said City of Fort Worth by reason of in- juries either to persons or property occasioned as the proximate result of anything done or permitted or in any :,vay proximately aris- ing out of the location, construction, operation or maintenance upon the above streets and thoroughfares of the side tracks and cars, engines or locomotives thereon. SECTION 6 . The said Gulf, Colorado and Santa Fe Railway Company, its successors and assigns, shall at its own cost and ex- pense pave the street between the line of allVtracks laid under the provisions of this ordinance, including switch or spur tracks as well as main line and for eighteen inches on each side of all of said tracks and re-pave or otherwise surface and ra-surface :in like manner said tracks, including main line and switch and spur tracks, and keep the same constantly in good order and condition with the same material with which the streets on the outside of said tracks is paved and surfaced, and the said Gulf, Colorado and Santa Fe Railway Company, its successors and assigns, shall conform its said tracks, or amy part thereof, to -the proper grade of said street and change the level of said tracks as often and as the ?rade of said street is changed, so that every part of every track -3- shall 3-shall al,.,vays be kept at the duly established grade line, or as near thereto as the surface of the grade of the street outside will per- rrit. SECTION7. The franchise herein granted is subject to all the conditions, limitations ardprovisions of the original franchise granted to the said Gulf, Colorado and Santa Fe Railway Company, and the same is concurrent with the said original franchise of the said Railway Company. This franchise is to coati-nue and exist for a period of twenty-five years from the date of the taking effect of this ordinance. SECTION S. The Gulf, Colorado and Santa Fe Railway Company shall file in writing its acceptance of said ordinance within thirty days after the taking effect of dame, andishall�e8egin�the wgrk of laying said main line track within s ��lays m -fie ta`iking' effect of this ordinance, and shall use all diligence to complete same so that same shall be completed in an operating condition within a period of six months from and after the taking effect of this ordinance. SECTION 9. This ordinance shall be in force and effect from and after its passage and acceptance. i I hereby certify that the above and foregoing Ordinance was duly presented, passed and adopted by the Board of Commissioners of the City of Fort Worth, Texas, at a Regular session of said Board held April 27th, A. D. 1928. James Liston, Jr., City Secre tary. A00' 200 I so' so' •�� LO W N 0 `�► aGn 40• 60• I W N 0 N Ih � o ,00 qrrbN o, � o P/afform G � r/ • • • w14 � t • i • CL • ' E/ten Sti: