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HomeMy WebLinkAboutOrdinance 2282 ORDINANCE NO. AN ORDINANCE GRANTING TO THE ST. LOUIS, SAN FRAN- CISCO AND TEXAS RAILWAY COMPANY, A CORPORATION, THE RIGHT TO CONSTRUCT, OPERATE, REPAIR AND MAIN- TAIN AN EXTENSION TO A SPUR TRACK FROM 20TH STREET, HERETOFORE AUTHORIZED BY ORDINANCE NO. 763; AND PROVIDING CERTAIN CONDITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the St. Louis, San Francisco and Texas Railway Company, a cor- poration, its successors and assigns, is hereby granted the right, power and privilege to build,. construct, maintain, repair and operate an exten- sion to a certain switch and spur track, heretofore authorized by Ordinance No. 763, said extension to be over and along 20th Street in the City of Fort Worth, Tarrant County, Texas, in an easterly and westerly direction, for a distance of ninety (90) feet from the present end of the said exist- ing spur track, and lying about ten (10) feet southerly from and parallel with the northerly line of said 20th Street, in Block 181 of Rosen Subdi- vision in said City, as shown by the attached map. SECTION 2. It is provided that said extension as constructed along and in-the route aforesaid shall be upon such grade as shall be approved by the City Engineer of the City of Fort Worth, and the top of each rail of each and every part of the said track and the spacing between the rails shall be kept level with the street, and the tracks and all other equipment used in such extension shall be of standard quality and so constructed and main- tained that travel on said street shall not be unnecessarily impeded, ob- structed or endangered at any place, and all construction and maintenance work shall be subject to the approval of the City Engineer and the City Council. SECTION 3, The St. Louis, San Francisco and Texas Railway Company, its successors and assigns, shall, at its own cost and expense, pave and repave, or other wise surface and resurface, and keep constantly in good order, repair and condition with the same material with which the street on the outside is paved or surfaced, all that part of the street occupied by it and that which lies between the rails of said tracks occupied by it and for eighteen (18) inches on each side thereof; and the grantee, its successors and as- signs, shall conform its tracks or any part thereof to the proper grade of said street and change the level of said tracks as often and whenever the grade of said street is changed so that every part of each track shall al- ways 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 k. The St. Louis, San Francisco and Texas Railway Company, its successors and assigns, does hereby agree to indemnify and hold the City of Fort Worth forever harmless because of, and promptly to pay off and discharge or re- pay to the said City of Fort Worth, all damages, claims, judgments, at- torneyts fees and other costs and expenses rendered against or incurred or paid out by the said City of Fort Worth by reason of injuries or damages, either to persons or property, occasioned as the proximate result of any- thing done or permitted in the construction, use, maintenance, repair or operation of said extension or in any way proximately arising therefrom. SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM: City Attorney I, E. S. Birdsong, do hereby certify that the above and foregoing or- dinance was duly presented, passed and adopted by the City Council at a regular meeting held in the Council Chamber at the City Hall on the 14th day of November, A. D. 1945. City Secretary i