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HomeMy WebLinkAboutOrdinance 169 7 I J+ ORDINANCE NO.f . An ordinance requiring Steam Railway Companies and Streot Railway Obmpanies within the corporate limits of the City of Fort Worth, upon notice from the Board of Commissioners of said City to construct street crossings at the interesection of their tracks with all streets and thoroughfares of said City, repealing alA ordinances and parts of ordinances in conflict herewith, and providing p-pnAlties for the violation hereof. 'CBE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH." Section is-That it shall hemeafter be the duty of any Steam Railway Company or Street Railway Company within the corporate limits of the City of Fort Worth, to construct at its own cost and expense safe, suitable and convenient crossings where its tracks intersect any public street or _ tFtor as* i `are in said city, iApon bein notified in writing lip the Board ofam Commissioners of said city, so to do; which notice shall prescribe the time within s3lich such crossing shall be constructed, and which said time shall be as to the Board of Commissioners may appear reasonable, equitablet,and just, provided, however, that in' cases of unavoidable delay, and after satisfactory proof of the cause thereof has been made by such Railway or Street Railway Company, the Board of Commissioners may extend the time Ifor making such improvement for such a period as to said Board may appear reasonable, equitable and just. Section. 2s-The notice provided for in Section 1 hereoL shall be se-rued upon the manager, superintendent or local agent representing such�Raijway or Street Railway Company in the City of Fort Worth, or by leavinga copy of the same at the principal office of suoh company during office hours. Service shall be made by any qualified police offti*r of the city, who shall make his return showing the way and manner in which service was had and such return shall be sufficient proof of service. ti r t Section 3i-Thgfailure of any such Steam Railway^Company to construct any such crossing after being notified as hereinbefore pro- vided, and within the time prescribed in such notice, shall constitute a misdemeanor, and each days failure, so to do, shall constitute a distinct and separate offense and the punishment for such offense, upon conviatlotl thereof, shall be by fine in any sum not exceeding one hundred dollars. Section 4:-In the event psoesoutions are instituted for violations of this ordinance, the Clerk of the Oorporation -Court, upon A complaint duly and legally made, shall issue a summonswhich shall contain 4 the corporate name of the offending company, the nature and character of the offense giving the day and date thereof and- commanding such F corporation to be and appear through its duly authorized agent before the Corporation Court of said city upon a day and date not earlier than three days from the service of such summons, which shall be served and returned in the way and manner provided for the service and return of notice in Section 2 hereof and in the event such company shall -fail to appear, the Clerk of the Court shall enter a plea of not guilty for such F • Company, whereupon the Court shall hear the testimony and proceed to judgment. In the event a judgment imposing a fine is rendered against any such company and the same is not appealed from within the time presort- upon the order of the City recorder p bed by law, the Clerk of the Corporation Court shall issue execution ie- A to collect the amount of said gins, togethar wtt?r SST costs, tha- sane to be directed to the chief of police and to be levied and executed in the same manner that executions are from the District and County Court and the said chief of police in levying on and selling the property of any such company shall have like power and authority as the sheriff in executions issued from the •District or County Court and the laws of the State of Texas so far as applicable shall apply to and be in full force and effect 4 t „Q as to the 'exeout�ion issued from the said Corporation Court. Section bs-All ordinances and parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 6:-This ordinance shall take effect and be in fo rece from ind after its passage and publication as required by law. I hereby certify that the above and foregoing ordinance was duly presented and unanimously passed by the Board of Comnissioners of the City of Fort Worth at a session of said Board held Tueskay JVne 7th,"X 1910, Cat Porptal.rv. ---� - r