HomeMy WebLinkAboutOrdinance 3186 c "fir
ORDINANCE No. 3 f 9 4
AN ORDINANCE ACCEPTING AND CONSENTING TO THE
RELINQUISMMT AND SURRENDER BY ST. LOUIS, SAN
FRANCISCO & TEXAS RAILWAY CCMPANY OF ITS RIGHT,
POWER PRIVILEGE AND FRANCHISE UNDER ORDINANCES
NOS. 991 AND 1641 TO BUILD, CONSTRUCT, MAINTAIN
OR OPERATE ANY RAILWAY TRACK OR TRACKS IN JARVIS
STREET EAST OF THE EAST LINE OF H MMLL STREET
UPON CONDITION THAT IT SHALL CONTINUE TO HAVE
ALL THE RIGHTS, POWERS, PRIVILEGES AND FRANCHISES
GRANTED BY EITHER OF SAID ORDINANCES WITH RESPECT
TO THE BUILDING, CONSTRUCTION, MAINTENANCE AND
OPERATION OF RAILWAY TRACKS WEST OF THE FAST LINE
OF HEMPHILL STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH:
SECTION I.
That the relinquishment and surrender by St. Louis, San
Francisco & Texas Railway Company of its right, power, privilege
and franchise under Ordinances Nos. 691 and 1641 to build, construct,
maintain or operate any railway track or tracks in Jarvis Street
east of the east line of Hemphill Street, upon condition that said
hailway Company reserves to itself, its successors and assigns, all
the rights, powers, privileges and franchises granted by either of
said ordinances with respect to the building, construction, main-
tenance and operation of railway tracks west of the east line of
Hemphill Street; and that except to the extent that said Ordinances
Nos. 691 and 1641 are modified by such relinquishment and surrender
of the right to build, construct, maintain or operate any railway
track or tracks east of the east line of Hemphill Street, said
Ordinances Nos. 691 and 1641 shall remain and continue in full
force and effect; be, and such surrender and relinquishment, upon
said conditions, hereby is, accepted and consented to by the City
of Fort Worth. Such surrender and relinquishment is evidenced by
written instrument dated April 13, 1954, executed by St. Louis,
San Francisco & Texas Railway Company, which is marked "Exhibit A"
and is attached hereto and is made a part of this ordinance.
SECTION II.
Except to the extent that said Ordinances Nos. 691 and
1641 are modified by such relinquishment and surrender of the right
to build, construct, maintain or operate any railway track or tracks
east of the east line of Hemphill Street, and this acceptance there-
of and consent thereto, said Ordinances Nos. 691 and 1641 shall re-
main and continue in full force and effect.
SECTION III.
This ordinance shall take effect and be in force from and
after its passage.
APPROVED AS TO FORM:
City Attorney
Fort Worth, Texas April 13, 1954
TO THE HONORABLE MAYOR AND CITY COUNCIL OF
THE CITY OF FORT WORTH:
Reference is made to Ordinance No. 691 of the City
of Fort Worth, a certified copy of which is recorded in Volume
761, at page 280, of the Deed Records of Tarrant County, Texas;
and also to Ordinance No. 1641 of the City of Fort Worth, a
certified copy of which is recorded in Volume 1109, at page 286
of the Deed Records of Tarrant County, Texas. The undersigned,
St. Louis, San Francisco & Texas Railway Company, a corporation,
hereinafter called Railway Company, is now the owner and holder,
by assignment, of all of the rights, powers, privileges and
franchises granted to Fort Worth & Rio Grande Railway Company by
and through said Ordinances Nos. 691 and 1641. Railway Company
now has and is maintaining and operating, as authorized by said
Ordinance No. 691, certain railway tracks in Jarvis Street west
of the east line of Hemphill Street; but does not now have or
maintain any railway track in Jarvis Street east of the east line
of Hemphill Street. Railway Company desires to and hereby does
fully and forever relinquish and surrender its right, power,
privilege and franchise under said ordinances, to build, construct,
maintain or operate any railway track or tracks in Jarvis Street
east of the east line of Hemphill Street, but does so upon the
condition that Railway Company reserves to itself, its successors
and assigns, all the rights, powers, privileges and franchises
granted by either of said ordinances with respect to the building,
construction, maintenance and operation of railway tracks west
of the east line of Hemphill Street; and that, except to the ex-
tent that same are modified by such relinquishment and surrender
of the right to build, construct, maintain or operate any railway
track or tracks east of the east line of Hemphill Street, said
ordinances shall remain and continue in full force and effect.
Railway Company respectfully requests that its surrender
and relinquishment, upon the conditions hereinabove set out, of
its right to build, construct, maintain or operate any railway
track or tracks in Jarvis Street east of the east line of Hemphill
Street, as hereinabove set out, be accepted, and that the City of
Fort Worth give its consent thereto.
Respectfully submitted.
ST. LOUIS, -SAN 7ANZZSCO & TEXAS
RAILWAY ANC'
ATTEST:
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ORDINANCE
No
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Adopted
Filed Day of
19
City Secretary