HomeMy WebLinkAboutOrdinance 2457 )— /�/-'S77
ORDINANCE 140.
AN ORDINANCE GRANTING THE TEXAS AND PACIFIC RAILWAY COMPANY,
A CORPORATION ORGANIZED AND EXISTING UNDER ACTS OF CONGRESS
OF THE UNITED STATES OF AMERICA, WITH GENERA, OFFICES AT
DALLAS, DALLAS COUNTY, TEXAS, THE RIGHT, PRIVILEGE AND
FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE TEAM TRACK UPON
AND ACROSS BYERS AVENUE NEAR THE INTERSECTION OF GENDY STREET
AND ALONG GENDY STREET TO A POINT NORTH OF DEXTER STREET,
FORT WORTH, TARRANT COUNTY, TEXAS, AND TO OPERATE TRAINS,
ENGINES AND CARS THEREON AND PRESCRIBING THE TERMS AND
CONDITIONS OF SAID FRANCHISE.
BE IT ORDAINED BY THE CITY OF COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That The Texas and Pacific Railway Company, its successors and assigns
be and are hereby granted the right, privilege and franchise to construct,
operate, and maintain a public team track in, upon and across the following
described property in the city of Fort Worth, Texas:
Beginning at a point in the south line of Byers Avenue
near its intersection with the west line of Gendy Street
produced, said point being the center line of said track
and continuing northerly across Byers Avenue and Gendy
Street and thence along the east margin of Gendy Street
approximately 760.3 feet to a point on east line of
Gendy Street where said track enters on property on
which is located repair shops, material yard and
storage warehouses of the city of Fort Worth, all as
shown on map attached and made a part hereof.
That upon the completion of said track, Railway Company, its successors
and assigns shall have the right privilege and authority to operate engines,
trains and cars thereon and thereover, and to make use of that portion of
track installed along the east margin of Gendy Street as a team track on
which cars can be placed for loading and unloading by the public in general
in accordance with usual team track practices.
SECTION 2.
Before said Railway Company shall be authorized to construct said
track, it shall apply to the City Engineer of the City of Fort Worth and
obtains a proper grade of said streets, and said track shall e constructed
under the direction and supervision of the City Enginetr and shall conform
to the grade given by said Engineer before said Railway shall be
permitted ted use said crossing.
SECTION 3®
It shall be the duty of said Railway Company, its successors and
assigns to, at all ti s, maintain the street crossings by said spur
track between the rails thereof and for two ( ) feet on each side o
said spar track, at its expense, with like pavement and in like manner
as the balance of said streets so traversed and crossed by it.
SECTION 4.
If at any time said Railway Company., its successors or assigns,
shall fail or refuse to keep said track d the streets between the
rails thereof and for two (2) feet on each side of said spur track
good order, or it shall fail or refuse to repair the same when requested
so to do by the City Council,, then the City Council may, after sixty (6o)
- s written notice to Railway Company, repeal this ordinance and all
rights privileges and benefits granted said Railway Company hereunder
shall be withdrawn.
SECTIO: 5.
The said Railway Company,, its successors and assigns, does
hereby agree to indemnify and save the City of Fort Worth harmless
from any and all damages,, claims, judgments a other casts and ex-
pense
-e e c e d against or paid by the City of Fort Worth by reason
of injuries or damages to either persons or property resulting or
proximately caused or in any Way arising from or out of the con-
struction, maintenance, operation or taking up and removing of such
equipment, appliances or appurtenances in, upon or along said street
r thoroughfare.
SECTION 6.
This ordinance shall take effect and be in force from and after
its passa,go.
PASSED and APPROVED, this the a, ., 4ay of 14 , A. D. 1947.
Mayor
ATTEST:
City Secretary
I� City Secretary of the City of Fort Worth, Tarrant
County, Texas, do hereby certify that the above is a true and correct
copy of an ordinance passed and approved as read on the first reading by
the City Council of the City of Fort Worth, Tarrant County, Texas, at a
regular meeting on the _ day of 9-1947•
City Secretary
SUBSCRIBED AND SWORN to before me this the _¢,,,o_day of ,
A. D., 1947.
Notary Public Fort Worth, Tarrant County, Texas.
to
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