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HomeMy WebLinkAboutOrdinance 565 ORDINANCE No. AN ORDINANCE granting to the St Louis Southwestern Railway Company of Texas the right to construct, maintain, and operate certain railway tracks , switches„ and turn- outs, along and over East Fifth Street be- tween a point near the east line of Terry Street and the east line of Commerce Street, all within the corporate limits of the City of Fort Worth, Texas , and providing for in- demnity against. damages to property, or in- jury to persons., on account of the construe- tion of said tftcks, etc. , BE IT ORDAINED-BY 'RE-BMDr MTOEffmommi, OF THE CITY OF FORT WORTH: Section 1. That the St Louis Southwestern Railway Company of Texas is hereby granted the right to build, con- struct, maintain, and operate, within the City of Fort Worth, in Tarrant county, Texas , certain railway tracks , to consist of one continuous track up East Fifth Street from a connec- tion with certain other railway tracks owned and operated by the said St Louis Southwestenn Railway Company of Texas , the point of connection being near the east line of Terryy Street, hhe new tracks so to be constructed and operated to be an ex- tension of said tracks already layed and being operated by the said railway company, and to extend ffom said point of connection near the said east line of Teri7 Street, up said Fi-f4h Street, to the east 3-.na of Commerce Street, in the City of Fort Worth, with also certain s*itah-tracks, switch- es, turn-outs, etc. , as is fully shown by the blue print map attached to this ordinance and made a part hereof . Section 2:' That said St Louis Southwestern Railway Company shall have the right to construct, maintain, and oper- ate such railway tracks along, over, and across said East Fif- th Street, at such grade , or grades', as it may elect to use and as may be approved by the City En ineer of the City of. Fort Worth, Texas , it being understood tha all work of 1ayi`ng and ti� ERS E ST A�vP�I CAL H 0,�IN ` 3 - t ST GRO V F ST. I r i i � i e I� � I I ! I I i s Q1 I i jr r s I 1S N VO-7d 6 • _ 2 _ constructing the said lines of railway tracks, switches, switch-tracks , turn-outsy etc. , over and across said Street as hereinbefore described, shall be under the sup' iv±s1nn of the City Engineer of the City of Fort Worth, Texas, and in all things subject to his approval. ' E Section 3: It is expressly understood and provid- ed that the said St Louis Southwestern Railway Company of Texas shall, at its own cost and expense, immediately after the completion of the construction of said txa-oksi matches, turn-outs, etc. , put the street in µs go.od condition. as was prior to the construction (�! +.he hacks, switches, L.urnw outs, etc- , and as to this the City �n4'irider of the saN Qi�y of Fort Worth shall be the exclusive judge as to when this sec- tiA611, o-t_ thU Ordinamce ghat l .have, b"n. oomplied -i th. _ Sectio-n 4: 1t is'Jurther provided that said Rail way Company in constructing its trac`!bp sii'tches, eV. , un- Aim the franchise h.erei.n granted.,_ s11 #s avn_4o-P* and expensep protect all sewer and water pipes and under- ground conduits, existing upon or under the grade of the street or streets over, Whig. the tracks shall be construct- ed, so as not to impar the usefulness of same . Section 5: It is expressly understood by and between J the said City of Fort Worthand the said St Lois Southwestern Railway Company of Texas that the said Railway Company shall save and=bQ1d, th,e said City of Fort Worth harmless from all damages to propertI or injurje ir5diyiduals, on account a of the construction of sa.ii- r`a`ccs ss'i clkes, turn-outs, etc. , as aforesaid, and tie layying and construction of said tracks, on sa�.d street as described,. shall be considered as a full acceptance and agreement on the part of the said St Louis Southwestern Railway Comqpany of Texas- of all of, the terms of this ordint'ice. Section 6: The Yranchise herein granted is subj-ect to all of the cord itions, limitations, and provisions of the ori7ina, franchise granted to the said St Louis Southwestern R�a,ii"y .Qompeny of Texas, and same is concurrent with the said -original franchise of the said, railway company. Section 7: ems/ 11111 111111101, V C__ t l t fff 42 a _ a I hereby eertif'y that the. above and for®g®.:Lrqf Ord3...,,.,P. nanoe was duly presented and unanimously passed and adopted by the 'Board Of commissioners of the City of 'Fort Worth at a rsgj— .lar se s.s ion of said Board held Tuesday March 33,th, -A.D. igi7.