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HomeMy WebLinkAboutOrdinance 1089 ORDINANCE 140. AQ AN ORDINANCE GRANTING THE NORTHWESTERN COMPRESS COMPANY THE RIGHT AND FRANCHISE TO LAY, CONSTRUCT, EXTEND, MAINTAIN AND OPERATE A SIDE OR SPUR RAILWAY TRACK CONNECTED WITH THE FORT WORTH & DENVER CITY RAILWAY COMPANY TRACK BEGINNING AT THE FORT WORTH & DENVER CITY RAILWAY COMPANY'S MAIN LINE ABOUT 250 FEET SOUTH (F THE SOUTH SIDE OF THE COLD SPRINGS ROAD AND EXTENDING ACROSS THE COLD SPRINGS ROAD AND NORTHWARD ON THE PROIE RTY OF THE NORTHWESTERN COMPRESS COMPANY ABOUT 650 FEET PARALLELING THE RIGHT OF 17AY OF THE FORT WORTH & DENVER CITY RAILWAY; DES SCRIBING THE LOCATION OF SAID SWITCH TRACK; AND PRESCRIBING THE CHARACTER OF CONSTRUCTION THEREOF AND MAINTENANCE THEREON; AND PROVIDING FOR THE INDEMNI- FICATION OF THE CITY OF FORT WORTH; AND. PROVIDING FOR ACCEPTANCE IN WRITING BY THE GRANTEE AND THE PUBLICATION HEREOF. --B9--ZT ORDAINED--BY-T E nTTY n0UNCIL--OF T99-GITY OF FORT WORTH: SECTION I. The Northwestern Compress Company is hereby granted the right, power, privilege and franchise to lay, construct, maintain and operate and cause the same to be built and constructed, a certain switch or spur railway track beginning at the Fort Worth & Denver City Railway Company's main line and extending therefrom about 250 feet south of the south side of the Cold Springs road, extending across the Cold Springs road and north- ward on the property of the Northwestern Compress Company about 650 feet paralleling the right of way of the Fort Worth & Denver City Railway Com- pany; and being more particularly described and designated by a blue print map and specifi- cation this day filed with the City Engineer of the City of Fort Worth, Texas, to which reference .r is hereby made. SECTIOY II. All tracks laid under the provi- sion of this ordinance shall be laid under the supervision, and in accordance with the direct- ions of the City Engineer of the (City of Fort Worth, and shall be laid and constructed in . such a manner as to conform to the surface of the street where the same is laid and the space between the rails, and for eighteen (18) inches on each side of the rails on said track, shall be kept level with the street under said track, and said track shall be so constructed and maintained that travel on said street shall not be unnecessarJlg ohatriaatgd--car—endangered_at- any place, and all matters of construction and maintenance shall be subject to the approval of the said City Engineer and the City Council of the City of Fort Worth, SECTION III. All tracks laid under the terms of this ordinance across said Cold Springs road and streets that are now or shall hereafter be paved, shall be of first class rails or rails of such kind as shall be designated by the City Engineer of the City of Fort Worth, and shall be laid in such manner as to make the least possible ob- struction to vehicles and travel and shall be maintained in that condition. tir SECTION IV. The said Northwestern Compress Com- pany, its successors and assigns shall at its cost and expense pave and re-pave or otherwise surface and re-surface and keep constantly in good order and condition with the same material with which the street on the outside of said tracks is paved, and surfaced, all that part of each street, or streets, occupied by it or that are lying between the rails of said track and for eighteen (18) inches on each side there- of, as may be laid under the provision of this ordinance; and the said Northwestern Compress Company, its successors and assigns and shall conform said tracks or any_part thereof, to the proper grade of the street, and change the level of said tracks as often and whenever the grade of any such street is changed so that every part of each track shall always be kept at the duly established gradeline or as near thereto as the surface under the grade of the street or streets thereof will permit, SECTION V. The said Northwestern Compress Com- ptny, its successors and assigns, does hereby agree to indemnigy and hold the City of Fort Worth harmless because of and(`p`r©aptly to pay off and discharge and repay to said City, all damages, claims, Judgments, attorneys fees and other costs and expenses rendered against, or incurred or paid out by the City of Fort Worth by reason of injuries either to persons or property occasioned as the proximate result of anything done, or permitted, or in any way proximately arising out of the construction, operation or maintenance upon the above street or thoroughfare of the said switch or spur track. �. SECTION VI. This ordinance shall: be accepted in writing by the grantee, the Northwestern Compress Company, filed with the Secretary and Treasurer of the City of Fort Worth, and shall take effect from and after publication hereof once a week for four counseeutive weeks within & period of thirty days after its passage in the official newspaper in the City of Fort Worth and the ex- pense of such publication shall be berne by the grantee hereunder. Approved as to form: —7- C 11,w A L torney. Secretary and usurer oTe City of fort , rth, Texas. The City Council of the City of Fort Worth met in P session /i�nvthe council chamber at the City Hall at o'clock A. M. Friday the ? day of August, A. D. 1925, and upon roll call the following were present: Win. Bryce, Mayor pro tem Councilman Wm, Monnig Councilman E, T. Renfro Councilman L. .,24rd Councilman A. E. Thomas Councilman W, E. Austin constituting a quorum of said Council and there was present the Secretary and Treasurer of the City of Fort Worth in attendance at said meet- ing, and the following proceedings among other things were had and done: Councilman seconded by Councilman moved the adoption of the following ordinance which was then put to a vote and all of the Councilmen voting ";Aye" and none voting "No" was declared to be duly and regularly passed and enacted. ORDINANCE Title 47�ign;4�.�'vY' J Date Filed day 197� City Secretary