HomeMy WebLinkAboutOrdinance 199 - tr ,• 1
ORDINANCE, NO.
� . . . .
An ordinance granting to the Texas & Pacific Railway Company,
a corporation and its assigns, the right and franchise to con-
struct, maintain and operate a certain line of railway along and
over a portion of North Street in the City of Fort Worth.
3B IT ORDAINED BY 'THE 130ARD OF COMLiISSIUNERS OF ThE CITY OF
FORT WORTH:
Section 1. That in consideration of the stipulation and
agreement herein after contained to be kept and performed by the
Texas & Pacific Railway Company and its assigns and subject to the
�. limitation hereinafter set forth, the City of Fort Worth a
municipal corporation in the County of Tarrant and State of Texas,
has granted and does hereby grant unto the said Texas & Pacific
Railway Company, a corporation with an office and agent in
Tarrant County, Texas, and its assigns, the right to construct,
maintain and operate a line of railway together with necessary
turnouts and spurs along and upon a portion of North Street as
aforesaid. Said line of railway to be an extension of that
certain line of railway now being operated by the Texas & Pacific
Railway Company under due and legal authority and upon its right-
of-way immediately south of what is known as the AnheWsQr-bus4V
Storage Plant in the City of Fort Worth.
Section 2. That said extension shall begin at the termination
of said Railway Company' s present lines at the east end of North
Street to the East line of Cherry Street, the same being a
distance of 'approximately 9UU feet.
Section 3. The franchise and grant of the right to extend
said line of railway over iiorth Street as afo n said, shall
exist for a period of years.
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Section 4. The main track laid under the provision of this
ordinance shall be laid and kept as nearly in the middle of the
street as is practicable 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 along the side and so constructed
and maintained that travel upon said street shall not be
necessarily obstructed or endangered at any place.
Section 5. This franchise is granted in consideration that
the said Texas & Pacific Railway Company and the owners of
property abutting on North Street along said extension, either
or both shall pave with brick pavement at theirown and sole cost
and expense according to specification furnished by the City
"ngineer the entire width of said North Street and to the West
end of said track, VIhich said pavement shall be constructed
simultaneously with the ,laying of said tracks, spurs and turn-
outs and in the event said paving is not so constructed this
franchise shall be considered forfeited without further proceedings
on the part of the City of Fort Worth.
Section 6. Said Texas & Pacific Railway Company or its
assigns shall at its or their own sole cost and expense pave
and repave or otherwise surface and resurface and keep constantly
in good order and condition with the same material with which
the Street on the outside is paved and surfaced and all that part
Of said street occupied by it or that which lies between the
rails of said tracks and for 18 inches on each side thereof,and
said Railway Company or its assigns shall conform its or their
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 said street is changed so that every part of each track shall
always be kept at the duly established grade line or as near
thereto as the surface of the grade of the street- outside there-
of will permit.
Section 7. Said Texas & Pacific Railway Company and its
successors and a Agns do hereby agree to isddmnify and hold the
City of Fort Worth harmless because of, and promptly pays off
and discharge or repay to the said City all damages, claims,
R
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judgments, attorney fees, and other costs and expense rendered
against or incurred or paid out by the said City by reason of
injuries, either to persons or property, occasioned as the
approximate result of any thing done or permitted or in any way
approximately arising out of the construction, operation and
ma.intedance upon the above street and thoroughfare of the track,
spurs and turnouts of said Company.
Section 8. That this ordinance shall take effect and ue in
force from and after the date of its passage.
If
I b certify. 7—t'the bove nd for. -oin ord ance -ias
here y c rt fx tH a � g i
dilly * resented and unanimously passed and adopted by the Board
of Commissioners of the City of Fo.- Worth at a ses ion of said
Board held Tuesday October 18th,1910.
C it- ec reta.- .