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HomeMy WebLinkAboutOrdinance 160 r _ ORDINANCE NO. 160. AN OMIN00E GRANTING `0 THE NORTHERN TEXAS TRACTION COMPANY 00PO?4TION AND ITS ASCIGNS THE RIGHT AND FRANCHISE TO CO°ro"UCT MAINTAIN ANT OPERATE CER- TAIN LINES OF ELECTRIC RAILWAY ^O 07ER WITH "'HE NHCESSA-Y POLES AND ELECTRIC WIRES OVE AND UPCN CERTAIN STREETS IN THE UITY OF FORT WO=. BE IT ORDAINED BY ^_'HE BEARD OF COMMISSOONERS OF THE CITY OF FOR" WORTH,T"ERAS. SECTION 1. That in consideration of the stipulatopns and agreements hereinafter contained to be kept and pre- formed by the Noethbrn Texas Traction Com1any, and its assignd and subjects 1-o the limitations herein after set forth, the City of Gort Worth a municipal corpor- ation, in the County of Tarrant and state of Texas, has granted and does hereby grant unto the said Noerthern Texas Traction Oompanv ,acorporation, domiciled in Tarrant County, Texas, and its assigns the right to construct maintain and aperate a line of electric street, railway together with all necessary swithces, side tracks, turn- out, over along and upon the following streets and por- tion_, of streets within the corporate limits of the City of Fort Worth, to-wit; Beginnign at the extreme south and of College Avenue line, at the intersection of Boisdlare Street with said College Avenue; thence southerly over 0ollege Ave. with a single teack 1-o Jessamine Street an approximate distance of 2100 feet/ (b) An extension of the present mine of street railway owned and operated by the Northern Texas Traction Company, on Magnolia Avenue, under a franchise heretofore granted to said Compan to begin at a point of connection with the present line of track owned and operated by the Northern Traction Company, at the intersection of Henderson and magnolia Avenue; the ce westward aldng and over magnolia Avenue, with a double line of track to Eight Avenue, an4approximate distance of 1800 feet. (c) An extension of the present line of street rail- way track wooed and operated by the Northern Texas Traction Co., on Henderson Street, under a frdnchise heretofore granted to said Company; to begin at a point of connection with the present line of track owned and operated by the Northern Texas Traction Company on Ienderson Street to its intersection of Henderson Street froth Mafnolia Avenue; thence southerly along and over Henderson Street with a single track to Laurel Street, and approximate dis- tance of 1800 fe6t; These franchises and grants of the ttgkt right to extend saif respective lines of street railway ove,- the street above menti^ned t be subject to and run current with the priginal franchises heretofore granted by the Vity of Fort Worth to said Northern Texas Traction Company and its assigns, grantsdg it the right to construct, maintain and operateitd certain line of street railway over said streets respectively to-wit; College Avenue, Magnolia Avenue, and Henderson Street. SECTION II. That upon the conditions , limitations and con- siderations aforesaid and hereinafter mentioned, the said City of Fort Worth hereby grants unto the Northern Texas Traction comp any, and its assigns the right to construct, equipma.intain and operate alone over and inpon each of the said streets and portions of streets as set forth in the proceedings section tf hereof a single or double line of electric street raltwa-t tracks. as above specified wogether wuth all the necessary switches, side- tracks and true outs and all necessary poles and wires and over head electrical gquPpment for propelling electric street cars long and over, said tracks and carry goodd, and passengers for, hire upon and over the same and 1-o do such other things as may be necessary incident to the rights, privileges and franchise in this ordinance granted. SECTION III. And the City of Fort Worth does hereby further grant unot the said Northern 'eras Traction Company the right and franchisd to change its present line of tracks from ar single to a double line of track on the street hereinafter enumerated at such a time and as soon as the City of Fort Worth may begin the work of paving the same, to-wit; On Magnolia Avenue from Main Street to "Jennings Ave. On Magnolia Avenue from Hemphill Street to Henderson Street. On Hemphill Street from Daggett Avenue to Magnolia Avenue with the exception of tie intersection of Terrell and Hemphill which shall remain a single track. On Seventh Street from Throckmorton Street to Summit Avenue On Evans Avenue from Terrell Avenue to Maddox Avenue. SECTION IV. The tracks which are to be laid on "agr_olia Avenue from Henderson to Eights Venue at present, may be a single track and the same shall be kx1i laid in a position as usually required for a double track to the end that when said street is paved and the double track laird it will not be necessary to move the single track from its then position in the street . It being understood that the Noerthern Texas Traction Compapy shall have the right- to Uy a single track, on lyiagnolia Avenue fro Eights Avenue to Henderson Street until such time as thw City of Fort Worth is ready to pave; whereipon it shall exerci*' e its rights to lay double tracks as hereinabove granted. SECTION V. All the tracks Aaini under the provision of this ordinance, except swithhes, said side tracks, and turn-puts and except places where ttims are wade or where the btreet is partially occupied by the some other street car track, shall be laid and kept as nearly in the middle of the streets as is practical and the top of each rail of eacna d.nd every part of said track abd tkre space between the rails shall be kept level with th= street alongside; and the tracks, wires, poles, and all other equipment shall be of standard quality and so constreuted and aaintained that travel ukon said streets shall bnot be necessary obstructed or endangered at any place, and all matters of co n- structinn and maintenance shall be subject to the approval of the "ity Engineer and City Electrician and the Board of Com- missioners ; all tracks on protions of streets that are now or shall hereafter be paved shall be of firs+ class rails of such kinds as shall bF edesignated by the City Engineer and shall be laid in such manners as to make *he least possible obstruction to vehicles and shall be maintained in that condition. SECTION 11 VI. Siad Northern Texas Traction Company, or its assigns shall at its or their own sole cost and expense , pave and r reoave or oftherwise surface and resurface and keep constantly in good order andcondition with the same material with which the streets on the outside is paved and surfaced, all the part of ea each street occupied by it or that which lies between the rails of said track anf for 18 inches on each side therefor, and said Northern Texas Traction Company , or its assigns shell conform its or their tracks or any part thereof to the proper grade of each street and change the level of said track as often and whenever the grade of any such streets is chnaged so that every Y 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 thereof will permit. SECTION VII. Said Northern Texas Traction Company, its successors and assigns do hereby agree to indemnify and hold the said City of Fort Worth harmless because of and promptly pay off and dis- charge or repay the said Uity all damages, claims, judgerAents, attornyys fe-sm and other cost and expenses rendered against or incurred or paid out by the said City for reason of injuries wither to persons or prope ty occesioned as the proximate eesult if any thing done or perTitted of in any way prolmately arising out of the construction operation maintainende upon the above streets and thoroughfares of the tracks ploes, wires or cars of said Company, SECTION VIII. The City E ngineer shall direct and point aut places at which poles erected underthis ordinance xhall be set; providing, always, that no #swa poles shall be set in violation of any city ordinance. SECTION IX. All the limitatirns, provisions and cmnditions contained in the ordinance above referred to, graning to the Northern Texas 'fraction Company franchise of College Avenue, M'gnolia Avenue 71nede-sotr4i,treet, shall continue in force and +1 Fowwrn and control in addition ­�Vthe provision of this ordinaacne the operation amd cons#R&Ction if the cant Pm ed extension and changes in the pre- sent line if steeets railways as here by respectibley granted. SECTIO ' X. This ordinance shally take effect and be in force from and after the date of _ts passage. ADOrTED MAY 5th. 1910.