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HomeMy WebLinkAboutOrdinance 624 ORD INAYCE N0. 42W AN ORDINANCE granting to the Missouri, K.nsas & Texas Railway Company of Texas, and C. E. Schaff, Receiver thereof, his successors and assigns, the ri ,:-t and w franchise to lay, construct and maintain a certain railway track on a portion of Jones Street, situated in the City of Fort 'orth, Tex .s, beginning at approximately the pointhere Jones Street intersects the south line of Railroad Avenue, and extending thence south parallel with and near the west edge of Jones Street and crossing Daggett Street to a point where said track when constructed intersects the south line of Block 56, Tuckers Addition to the City of Fort Worth, Texas. Section 1: BE IT ORDAIM by the Board of Commissionera of the City of Fort Worth, that the ''issouri,Kansas & Texas Railway Company of Texas, and C. E. Schaff, are Receiver thereof, his successors and assigns,/hereby granted the right to locate, build, maint in and operate a certain track over a portion of Jones Street beginning at a point approximately -!here said Jones Street intersects the south line of Railroad Avenue, and extending thence south along said Jones, and a sufficient distance east of the west edge thereof as to permit ;.ro. er clearance of other tracks now owned .._ V-e "tesouri, r neas °: Tex-.s R-,,Ywsy Cc: r-:�ny of Texas, near the :•,est edge of Jones Street, and rhich said proposed track crosses Elizabeth Street and then continues south to an intersection : ith the south line of Block 56, Tuckers Addition to the city of Fort -' orth, Texas. I � Section 2: It is herein provided that the construction of said track will be under the supervision of the City Engineer of the City of Fort "orth, Texas, and upon such grade as may be ap,rcved by said City Engineer. Section 3: It is further provided that said track as it crosses Elizabeth Street , shall cross the sai,e at the present grade of said street, and the grantees herein shall restore and maintain that portion of Elizabeth Street used by said track to its present condition so far as it is practicable to do so, and keen said portion of said Elizabeth Street so occupied by said track, in good order and repair. Section 4: All tracks and the rails thereof, laid under the provisions of this Ordinanoe,shall be of standard quality and so constructed and maintained that travel on said street shall not be unnecessarily obstructed or endangered at any place, and all matters of con- @truction and of maintenance shall be subject to the approval of the city engineer and the Board of Commissioners of the City of Fort Worth. All tracks on said street,and all portions thereof, that are now or shall hereafter be paved, shall be of firstclass rails of such kind as shall be designated by the city engineer,and shall be laid in such manner as to make the least possible obstruct'-on to vehicles,and maintained in that condition. Section 5: Said Missouri, Kansas & Texas Railway Company of Texas, and C. E. Schaff, receiver thereof, hid sucoes- f sors and assigns, shall at its or- their expense or cost, pave and repave, or otherwise surface and resurface, and keep constantly in good order- and condition, of the same material with which the street on the outside is paved and surfaced, all that part of each street or streets occupied by it, or tr_at which lies between. the rails of said track, and for eighteen inches on each side thereof as may be laid under this ordinance,, and the said Missouri, Kansas & Texas Railway Company of Texas, and C. E. Schaff, receiver thereof, his successors and assigns, shall conform its or their tracks, or any part thereof, to the proper grade of each street, and ch.nge the level of said tracks ,as often and whenever the grade of any such street is changed so that every part of said track shall 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 6: The said Missouri, Kansas & Texas Railway Company of Texas, and C. E. Schaff, receiver thereof, his suc— cessors and assigns, do hereby agree to indemnify and hold the City of Fort Worth harmless because of, and promptly to pay off and discharge, or repay to the said City, all damages, claims, judgments, attorneys fees, and other costs and expenses rendered against, or incurred or paid out by the said City of Fort Worth by reason of injuries tksz either to person or property occasioned as the proximate result of anything done or permitted, or in any way tka proximately arising out of the construction, operation or maintenance of said railway track upon the above streets and thoroughfare. Section 7: This Ordinance shall take effect and be in force from and after its passage. I hereby certify that the above and foregoing Ordinance was duly presented and unanimously passed and adopted by the Board of Commi- ssioners of the City of 'Fort Worth, Texas, at a regular session of said Board held Saturday May 25th, A.M918. City etary.