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HomeMy WebLinkAboutOrdinance 98 s 4 ORDINANCE NO. An ordinance granting to the Northern Texas Traction Company, a corporation, and ite assigns, the right and franchise to construct, maintain and operate a line of electric street railway over and upon certain streets in the City of Fort Worth and to erect and maintain poles and over head trolley wires thereon. 13B IT ORDAINED by the Board of Commissioners of the City of Fort Worth; Section 1: That in consideration of, the stipulations and agreements hereinafter contained to be kept and performed by the Northern Texas Traction Company and its assigns and subject to the limitations herein set forth, the City of Fort Worth, a municipal corporation in the County of Tarrant and State of Texat has granted and does hereby grant unto the said Northern Texas Traction Company, a corporation, of Fort Worth, Tarrant County, Texas, and its assigne, the right to construct, maintain and operate a line of electric street railway, together with tke necessary switches, side tracks and turn out: over, along and upon the following streets and por- tions of streets within the corporate limits of the City of Fort Worth as an extension of and connection with the present line of electric street railway operated by Paid Northern Texas Traction Company over Ifissouri Avenue in said City, to- wit; Beginning at a point of connection with tke present line of street railway and trackr of the Northern Texas Traction Company at the intersection of Missouri Avenue and Terrell Avenue in said City; thence Easterly along Terrell Avenue to Forest Street; thence Southerly over Forest street to White Street; thence Southeasterly over White street and the Mansfield Road to the City Limits, a distance of less than one mile; with the right, privilege and franchise to convert its present single line of track on Missouri Avenue into a A 2- line of double track on said Missouri Avenue and Henrietta Street. This franchise and grant of the right to extend said liner over the streets just above mentioned to be subject to and run current with the original franchise heretofore granted by the City of Fort Worth to the Northern Texas Traction Company and its assigns to construct, maintain and operate its line of street railway over said Missouri Avenue. Section 2: That in consideration of the stipulations and agreements hereinafter contained to be kept and performed by the Northern Texas Traction Company and its assigns, the said City of Fort VTorth has granted and does hereby grant to the said Northern Texas Traction Company and its assigns the rigkt, privilege and franchise to change its^li rie of street railway track between Jennings Avenue and Hemphill Street and to construct, maintain and operate a line of electric railway from a point of connection with its present tracks on Hemphill Street at the intersection of Daggett Avenue; thence Northerly over Hemphill street to Railroad Avenue; thence Easterly over Railroad Avenue to a point of connection with its present rails and track on Jennings Avenue, a distance of less than one mile. The right, privilege and franchise granted in this section to be governed by and run current with the fran- chise heretofore granted to the Northern Texas Traction Company to construct, maintain and operate its line of street railway on Hemphill street. Section 3: That upon the conditions, limitations and considerations aforesaid and hereinafter mentioned, tke said City of Fort Worth does hereby grant unto the said Northern Texas Traction Company and its assigns the right to construct, equip, maintain and operate along, upon and over each of the said streets and portions of streets as set forth in Sections 1 and 2 hereof, a line of electric street car tracks with all necessary switches, side tracks and turn outs and all necessary poles and wires and over head equipment for propelling electric - 3- street care by over head trolley system and the right to operate street cars along and over said track, to carry goods and passengers for hire upon and over raid tracks and to do such other things necessarily incident to the rights and privileges in this ordinance granted. Section 4: All the tracks laid under the provisions of this ordinance, except switches and side tracks and turn outs, and except places where turns are made or where the street is partially occupied by some other street car track, shall be laid and kept as nearly in the middle of the street as is practical and the top of each rail of each and every part of said track and the spaces between the rails shall be kept level with the street alongside; and the tracks, wires, poles and all other equipment shall be of standard quality and so constructed and maintained that travel upon said streets shal not be unnecessarily obstructed or endangered at any place and all matters of construction and maintenance shall be un r t*e e€-aft& subject to the approval of the City Engineer and City Electrician and Board of City Commissioners; all tracks on portions of streets that are now or shall here- after be paved shall be of first class rails of suck kind as shall be designated by the City Engineer and shall be laid in such manner as to make the least possible obstruction to vehicles and shall be maintained in that condition. Section 5: Said Northern Texas Traction Company or its assigns shall at its or their own sole 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 is paved and surfaced all that part of each street occupied by it or that which lies between the rails of said tracks and for 18 inches on each side thereof and said Northern Texas Traction Company or its assigns shall conform its or their tracks or any part thereof to the proper grade of each street and change the level of said 4- tracks as often and whenever the grade of any Puck street is changed so that every part of each track shall always be kept at the duly establir3ted grade line or as near thereto as the surface of the grade of the street outside thereof v�ll permit. Sec. 6r Said Northern Texas Traction Company, its succer- corn and assigns, do kereby agree to indemnify and hold the said City of Fort Worth karmless because of, and promptly to pay off and disckarge, or repay to the raid city, all damages, claims, judgments, attorneys' Peer and other costs and expenses rendered against, or incurred, or paid out by the said c`.ty 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, mainte- nance upon tree above streets and tkoroughfarer of the tracks, poles or wirer of said Company. Sec. 7: Tke City Engineer shall direct and point out placer at which poles erected under this ordinance shall be Pet; provided, always that no poles shall be set in violation of any city ordinance. Sec. 8: All the limitations, provisions and conditions contained in the two ordinances referred to, the one granting the franchise on Missouri Avenue and t3ae other granting the franchise on Hempkill Street shall continue in force and shall govern and control in addition to the provisions of this ordinance, the operation and construction of the two contempla- ted extensions and changer in the present liner as hereby grant- ed respectively. Sec. 9: That the said Northern Texas Traction Company will build and have in operation the aforesaid lines of street rail- way within 9 months from and after the date of granting the franchises herein provided for and in the event of the failure so to do, Paid franc)aises hereby granted shall become forfeited. . . r Sec. 10 That this ordinance Make effect and be in force from and after its passage. I hereby ®ertify that the above and foregoing ordinance was duly presented and unanimously passed by the Board of Commis- s ioners of the City of Fort Worth at a session of said board held June 3.8th, 1909. f n A �' ty Secretary•