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HomeMy WebLinkAboutOrdinance 367 67 ORDINANCE NO.3.,3. An Ordinance garnting to the Texas & Pacific Railway Company, a corporation, and its assigns, the right and franchise to con- struct, maintain and operate a railway track along a certain portion of. Bryan Avenue, within said City, being an extension of the present lines operated by said Railway Company. BE IT ORDAINED BY THE BOARD OF CO➢iMISSIONERS OF THE CITY OF FORT WORTH - SECTION 1. That in consideration of the stipulations and agreement,o hereinafter contained, the City of Fort Worth, a municipal corpo- ration, located in- Tarrant County, Texas, does hereby grant unto the Texas & Pacific Railway Company, a corporation, and its assigns, the right to construct, maintain and operate a single line of--railway track, and to run cars and other apparatus thereon, along that portion of Bryan Avenue, a public street in said City, beginning at Railroad Avenue and extending to the North line of a certain alley between Elizabeth Street and Peteriimith Street, a distance not exceeding one mile. This franchise shall be subject to all of the limitations h.c•-r✓ and�oncurrent with the original franchise heretofore granted by said City to said Texas & Pacific Railway Company, and its assigns, to construct, maintain and operate tft,. lines of railroad tract within said City. All the track laid und4r the provisions of this Ordinance, which shall consist of a single track, shall be laid and kept as near the middle of said Street as practical, and the top of each rail and the space between the rails and eighteen (18) inches on the outside of each rail shall be kept and maintained by said , Railway Company level with the Street along side, and all tracks and tether equipment shall be of standard quality and so consteiucted and maintained as not to necessarily obstruct and endanger travel along said Street. All traeVe on portions of said Street that are now or may hereafter be paved shall be of first class rails, of such kind as shall be designated by the City Engineer of said City. And the said Texas & Pacific Railway Company, or its assigns, shall at its sole cost and expense pave and re-pave and keep constantly in good order and condition with the same material with which the Street on the outside is paved or itd, all that portion of said Street occupicd by it which lies between the rails of said track and for eighteen (18) inches on each side thereof, and said Texas & Pacific Railway Company, and its assigns, shall conform said track and all parts thereto to the proper grade of said Street and. change the level within the grade of said Street so as to conform as nearly as possible to the established grade line of said Street. SECTION 3. Said Texas & Pacific Railway Company, its successors and assigns, do hereby agree to lay and maintain said track and use and operate cars and other equipment over same in strict conformity with all Ordinances of said City now in effect or that may hereafter be passed. SL+CTION 4. Said Texas & Pacific Railway Company, its successors and assigns, doqw hereby agree+po indemnify and hold harmless said City of Fort Worth against and promptly pay off and discharge and repay to the said City all damages, claims, judgments, attorneys' fees and other claims and expensesirendered against or incurred or paid out by the said City by reason of injury to persons or property occasioned as the ppgroximate resulp of anything done or permitted or in any way arising out of the construction, operating and maintenance upon said. Street of said railroad track and cars and other equipment thereon. SECTION 5. All necessary switches and turnouts on and from said track to any adjacent proper-ky-wALy be laid and maintained subject to all the conditions and limitations herein'Bef ore set forth governing the laying and maintaining of said main track, provided that no such switch or turnouts shall be laid except with the written consent' of the Board of Commissioners of said City. SECTION 6. This Ordinance shall take effect and be in force from . and after its passage. I hereby certify that the above and fore going ordinance was duly presented and unanimously passed and adopted by the Board of Commissioners of the City of Fort Worth at a session of said Board held Saturday March 15th,1913. i , ffVApproved as to form. City . � I � � ..4 � Assistant Corporation Counsel.