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HomeMy WebLinkAboutOrdinance 732 AN ORDINANCE GRANTING TO THE HOUSTON & TEXAS CENTRAL RAILROAD COMPANY THE RIGHT AND FRANCHISE TO LAY,CONBTRUCT AND MAINTAIN A CERTAIN RAILROAD TRACK ON A PORTION OF JONES STREET IN THE CITY OF FORT WORTH BEGINNING AT A POINT VralM JONES STREET INTERSECTS THE SOUTH LINE OF RAILROAD AVENUE AND EXTENDING THENCE SOUTHERLY PARALLEL WITH AND ALONG THE EAST LINE OF JONES STREET AND CROSSING DAGGE2T AND ELIZABETH STREETS TO A POINT WHERE JONES STREET INTERSECTS THE DIVIDING LINE BETWEEN DAGGETT'S SECOND ADDITION AND TUCKERS ADDITION TO THE CITY OF FORT WORTH, TENAS♦ AND TO GRANT SAID RAILROAD CCUPANY THE RIGHT,AND PRIVILEGE TO OPERATE ENGINES, TRAINS AND CARS UPON SAID TRACK,WHEN IT SHALL HAVE BEEN CON STRUU TED: BE IT ORDAINED BY THE BOARD OF COIWISSIONERS OF THE CITY OF FORT WORTH; SECTION I: That the Houston & Texas Central Railroad and Compary is hereby granted the right to locate, build, ,maintain a certain railroad track over a portioh of Jones Street, beginning at a point where said Jones Street intersects the South line of Rail— road Avenue and extending thence South along the East line of Jones Street and a sufficient distance West of the East line of Jones and me Street to permit of its proper construction,, rAaintenance and, opera- tion of engines, trains and cars upon the sE,,A track,crossing Daggett and Elizabeth Streets to a point where Jones ,,t"et intersects the dividing line between Daggett's Second Addition and Tuckers Addition to the City of Fort Worth- The said Railroad eompany is further granted the right and privilege to operate engines, trains and cars upon the said track when it shall have been constructed. MTM II: TT it 2iereirr Wevtdad meet tits' construction of said track will be under the supervision of the City Engineer of the City of Fort Worth, Texas, and upon such grade as may be approved by said City Engineer. SECTION III: It is further provided that said track as it crosses Daggett & Olizabeth Streets, shall crone the same at the present grade of said streets, and the grantee herein shall restore -1- and maintain that portion of Elizabeth and Daggett Streets used by said track to their present condition so far as it is practicable to do so, and keep such portions of Daggett and Elizabeth Streets sh occupied by said track, in good order and repair. SECTION IV: All tracks and the rails thereof, laid under the provision of this Ordinance, shall be of standard quality and so constructed and maintained that travel on said streets shall not be unnecessarily obstructed or endangered at any place, and all mat- ters of construction and maintenance shall be subject to the approval of the City Engineer and the Board of Commissioners of the City of Fort Worth. The trach on said streets, and all portions thereof, that are now or shall hereafter be paved, shall be of first class rail of such kind as shall be designated by the City Engineer, and shall be laid in such manner as to make the leant possible obstruct- ion to vehicles, and maintained in that condition* SECTION V: Said Houstcn & Texas Central Railroad Company, its successors and assigns, shall at its expense or cost, pave and repave or otherwise surface 8nd re-surface, and keep constantly in good order and condition, of the same material with which the streets on the outside are paved and surfaced, all that part of each street or streets occupied by it, ot? that which lies between the rails of said track, and for eighteen inches on each side thereof as may be laid under the Ordinance, and the Houston & Texas Central Railroad Company shall conform its track or axW part thereof, to the proper grade of each street, and change the, level of said track as often ail whenever the grade of any such street is changed so that every part of said track shall be kept at the duly established grade lina, or as near thereto as the surface of the grade of the street outside thereof will permit. SECTION VI: The said Houston & Texas Central Railroad Company, its successors and assigns, does hereby agree to indemnify and hold the City of Fort;Worth harmless because of, and promptly 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 either to person or property occasioned as the -2- proximate result of anyt]ting done or permitted, or in aay way proxi- mate]tiy arising out of the construction, operation or maintenance of said railway track upon the streets and thouroughfare$. SECTION VII: This Ordinance shall take effect and be in farce from and after its passage* I hereby certify that the sb� and foregoin Ordinance was duly presented, passed andedoptpd -bey the Board of Commissioners of the Uity of Fort Worth, Texas, at a Regular se=sion of said Board held July 13th, A. D. 1920. James Liston, Jr., City Secretary.