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HomeMy WebLinkAboutOrdinance 694 r - r� ' _ ,1 O'�RDI NANCE NO.Zly'- An Ordinance granting to the Gulf, Colorado and Santa Fe Railway Company the right to construct, maintain and operate a main line of railway and railway tracks over, upon and across the following named streets in the City of Fort Worth, Tarrant Cbunty, Texas, to-wit: One track in the center of Second Street, beginning at any p4dat lz_a,*i, frond Street West of where the main line of the said Gulf, C o ora 1kntt`f'nt¢ ?Tlt& kway OQWwug crosses said Second Street and East of Terry Street, where a ttaot leading off from such main line may con- veniently enter Second Street; thence West in the center of said Second Street to the East line of Commerce Street, crossing all intervening streets by whatever name known and particularly Terry, Pecan, Grove, Jones and Calhoun Streets in said City, and Elm and First Streets to the north of said Second Street, at such place as it may be convenient for said track extending up Second Street to cross Elm Street to make connection with the main line; Lwith the right and prdvilege of constructing spur, switch and side tracks leading off near each street intersecting said Second Street that said track may cross; such spur, switch and side tracks to be located so as to serve industries that r*y be located on the sides of Second Street; the tracks sip to be constructed, operated and maintained, to be &a.id along the lines and substantially according to the blue print attached to and filed with this Ordinance; and providing against damages to property or injury to persons on account efatioaT construction, operation and maintenance of i said tracks, eta: BE IT ORDAINED BY THE BOARD OF COMMIISSIONERS OF THE CITY OF FORT WORTH, SECTION 1. That the Gulf, Colorado and Santa Fe Railway Company, a corporation, is hereby granted the right to locate, build, construct, operate and maintain within the City of Fort North, Tarrant County, Texas, one track in the center of Beeond Street, beginning at any point in said Second Street West of where the main line of the said Gulf, Colorado and Santa Fe Railway Ccmp&ny crosses said second-64eeet. ;Qad_Eastf cf Terry Street, where a track leading off from such mail line may conveniently enter Second Street; thence west in the center of said Second Street to the East line of Commerce street, crossing all intervenir atreets .,y whatever name known and particularly Terry, Pecan, Grove, Jones and Calhoun Streets in said City, and Elm and First Streets to the North of said Second Street at such place as it may be convenient for said track extending up Second Street to' cross Elm Street jur to make connection with the main line; with the right and privilege of constructing spur, switch and side tracks leading off near eaeb street intersecting said Second 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 Se and Street, "t2ri--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 Company shall have the right to'*construet, main. tain, and operate such railway tracks along, over and along said Second 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 Worth, Texas, it being understood that all Work--of--laying-andvoa"ruoting the said line of railway tracks, switches, switch-tracks, 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 Worth, 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 completion of the construction of said tracks, switches, turn-outs, etc., put the street in as 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 Worth 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 1 r � S 3. or streets over which the tracks shall be constructed, so as not to impair the usefulness of same. SECTION 5. Said Gulf, Colorado and Santa Fe Railway Company, its successors and assigns, do hereby agree to indemnify and hold the City of Fort Worth harilless because of, and promptly to pay oR and-al­s� charge, or repay to the said City, all damages, claims, judgments, attorneys fees and other costs and expenses rendered against, or incurred, or paid out by the said 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 &rising out of the location, construction, operation or maintenance upon the above streets and thoroughfares of the side tracks and oars, engines or locomotives thereon. SECTION g, The 4&&id_Gulf, Colorado and Santa Fe Rail- way Company, its successors and assigns, shall at its own cost and expense pave the street between the line of all tracks 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 repave or otherwise sur- face and resurface in like mannef said trgake, 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 Crulf, Colorado and Santa Fe Railway Company, its successors and assigns, shall conform its said backs, ce any part thereof, to the proper grade of said street and change the level of said tracks as often and as the grade of said street is changed, so that every part of every track shall always be kept at the (Suly established grade libe, or as near thereto as the surface of the grade of the street outside will permit. 4. SECTION 7. The franchise herein granted is subject to all the conditions, limitations and provisions of the original franchise granted to the said Gulf,Colorado and Santa Fe Railway Company, and the same is concurrent with the said original fry nchiee of the said-Railway -Gompany, This franchise is to continue and exist for a period of Twentp-five years from the date of the taking effect of thia Ordinance. SECTION 8. It is further provided that this franchise under the conditions named and for the time stated, shall exist in favor of the Director General of(Railroads for such time as the railway property of the Gulf, Colorado and Santa Fe Company shall be in the possession and under the custody of the said Director General. SEC, @, The Gulf, Colorado and Santa Fe Railway fompany shall file in writing its acceptance of said Ordinance within thirty days after the taking effect of same, and shall begin the work of laying said main line track within Sixty days from the taking 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 10, This Ordinance shall be in force and effect from and after its passage and acceptance* I hereby certify that the above and foregoing Ordinance w as -dilly presented, passed and adopted by the Board of Com- missionere of the City of Fort worth, Texas, at a Regular session of said Hoard held January th, A. D. 1920. James Liston, Jr. City Secretary. Zjr7#-sMAY e07�C?. " i e►aE„a(r .