HomeMy WebLinkAboutOrdinance 296 .� Page I.
Ordinance No..C/ '
An ordinance granting unto W. G. Newby, L. R. Scarborough, and
their associates and assigns a franchise tp operate a system o f street
railway over certain streets in the city of Fort Worth, subject to
approval of a majority of the electors of said City.
Be it,. ordained by the Board of Commissioners of the city of
Fort Wort , Texas:
SECTION I: That in considerations of the stipulations and agreement
and subject to the limitations and conditions hereinafter expressed, the
city of Fort Worth, a municipal corp6va416nq located in Tarrant County,
Texas, does hereby grant unto W. G. Newby and L. R. Scarborough and Lheir
associates and assigns the right of way for a street car line, as herein-
after specified, over and upon the following streets within said city,
Towit: Beginning at intersection of south line of Elizabeth Boulevard
with Willing Avenue ; thence south on Willing Avenue, II8S I/2 feet
to center line of Capps street; thence west 84 feet to center line of
Willing Avenue;, thence south on Willing Avenue 3300 feet to center line
of F@lsom Avenue; thence west on F*lsoxn Avenue I300 feet to the city
limits.
That said grantee shall have the right to construct, equip and
maintain upon each of said streets a double or single lime street car
;,rack, with necessary switches and turnouts, poles, wires and over-head
equipments for propelling electric or motor cars, propelled by any power
except steam, and the right to operate cars along said tracks to carry
goods and passengers for hire, and to do all other things necessary and
proper to the-express priviliges herein granted. All said rightdsand
priviliges granted hereunder shall terminate at the expiration of twenty
five years herefrom.
SECTION 2: That this franchise is granted upon the express condition
that the Board of Commissioners oV'said City shall have the right to
fix and regulate the price for service performed thereunder; and
said city shall have the right to purchase the property operated there-
under at any time after ten years subsequent to this grant, at the actual
replacement value of said property, less depreciation , said replacement
value to be dete ki�A in case of disagreement between said city and the
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owners of said property, by Arbitration as provided atues of the state
of Texas, and that the persons, firm or corporation operating under this
franchise will pay to said city are annual tax of not less than 31%f of
it_'s gross earnings for the first ten years of it's operation; and the
failure to observe these or any nigher conditions of this grant shall work
a forfeiture of this franchise, and the Board of Commissioners may declare
same forfeited after thirty days notice to the holder thereof.
SECTION 3: This grant is made upon the following additional
conditions. Ist:- That said line of street railway will be constructed
and in operation within 24 months from the passage of Chic ordinance.
2nd:- That the holders of this franchise shall keep in good repair the
portion of streets between their tracks and I8 inches on the outer sides
thereof with the same material as the remainder of the street, and the top
of the rails shall be on a level with the surface of the street.
3rd:- That said city shall be fully indemnifiied against damage to
persons or property of any kind caused directly or indirectly by negligence
in building, maintaining or operating said lines of street railway or
any portion thereof.
4th:- That the owners and operators of said lines od street railway shall
at all times be subject to the ordinancesand regulations of said City
and the provisions of the present and future charters od said city.
SECTION 4::That this ordinance be submitted to the qualified
electors od s&id City at a special election for such purpose, to be held
on� day of I9I2, at ,which the ballots shall read "For the
franchise rant to `1�. G. Newb Associates"'and
y„L. R. Scarborough'�and Associates and
il4gainst the franchise grant to W. G. Newby, L. R. Scarborough and
associates; and the voters shall strike out either of the above which1he�
doV.not desire to vote for.
Said election shall be held as p(rmvided by law, and wlhthin five
days the returns thereof shall be made by the election officers, to said
Board of Commissioners, and said returns shall then be canvassed and the
results declared by said Board in accordance with the majority of the
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ballot; if said returns show a majority of the ballots in favor of this
franchise the same shall at once take effect upon the filing of S?v a
written acceptance thereof with said Board of Commissioners, which
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acceptance must be filed within thirty days after said canvass.. If said
returns show a majority of ballots a6Ainst this franchise,Lhen the
same shall be of no force or effect.
SECTION 5: That this ordinance shall be published weekly in two
newspapers published published in said city for eight consecutive weeks prior
n
to the holding of said election.
I hereby certify that the above and fore ping ordinance was
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duly presented and unanimously passed^by the Board of Corm!issioners
of the City of Fort Worth at a sessicn of said Board held Saturday
March 23rd,1912.
C1 retary.
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