HomeMy WebLinkAboutOrdinance 1641 AN ORDINANCE GRA1,11TING TO TI TIC; FORT 1ORTH RIO GRANDE RAILWAY
001224X�'f TEE RIC1-TT TO CO1,TSTRUCT, KUNTAIIT AIM OPERATE A LINE
OF TFU CK 1,10,1,"G ZTARVIS STREET IN T1,1E CITY OF FORT INORTH,TEXAS,
FROM TI!M. POINT '11=7RE SAID COIAPAITY'S SPUR TRACE NOW LOCATED
ON TITTE SOUTH SID; OF XARVIS STREET ENDS, AM E:MENDMG Tliw' CE
WTIMLY U1?OTT AUD ALONG SAID SARVIS STREET TO A POINT 30 FEET
WEST Or' Tf,[T V0ST LIMIT OF AWIM:
BE IT ORDAIN.1Z BY THE CITY COUNCIL
OF THS. CITY OF FORT 1,7ORTH:
SECTION 1: That the Fort Worth & Rio Grande Railway Company
is hereby granted the right, power, privilege and franchise to
build, construct, maintain and operate a certain railway -track
beginning at the point where said company's spur track now
located upon Jervis Street ends, and extending thence along
the center of Tarvis Street in an easterly direction to a
point 30 feet west of the west line of Jennings Avenue:
SECTION 2: Said track as constructed upon, along or across
said Xervis Street, as provided herein, 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 said track and the space between the rails shall be
kept level with the street aloag side; and the tracks and all
other equipment used in construction of said track shall be
of standard qunlity, and the track shall be so constructed and
maintained that travel on said street shall not be unnecessari-
ly obstructed or endangered on said street at any place; and
all matters of construction and maintenance, in so far as the
same shall affect the public or the use of others of said
street, shall be subject to the approval of the City Engineer
and City Council of the City of Fort Torth; and all tracks on
said street or po7-tion5 thereof that are now, or shall here-
after be paved, shall be of first class (rails of such kind as
shall be determined by the City Engineer,' and shall be laid in
such manner as to make the least possible obstruction to ve-
hicles, and shall be maintained in that condition.
SECTION 3: The said Fort Worth & Rio Grande Railway Company,
its successors and assigns, shall at its or their cost and ex-
pense pave and repave, or otherwise surface and resurface and
keep constantly in good order and condition, with the same
me,.terial with which tie street on the outside of said track is
paved and surfaced, all that part of said at eet oc,W,upied by
it, to wit: the space which lies between the rails of said
tracks and for eighteen inches on the outside of each such
rail, as may be laid under this franchise, and said Fort fforth
& Rio Grande Railway Comrany, its successors and assign;;, shall
conform its or their s�,,?id track, or any part ti.,,,ereof, to the
proper grade of sold street, and chruige, the level of said track
as often and whenever the Grade of said. street is changed, so
that every part of each such track shall always be kept at the
duly established grade line as fixed by the City of Fort 17orth,
or as rear thereto as 'the surface of the grade of the street
outside said track will permit.
SECTION 4: Said Fort 'forth & Rio Grande Railway Company, its
successors and assigns, by aoceptance and exercise of the
franchise herein granted does agree to indemnify and bold harm-
less the City of Fort Forth against and from all damage, claims,
judgments, attorneys fees and other costs and expenses that may
be incurred or paid out by or adjudged against the City
of Fort Worth for or on `account of injuries either io persons
or property occasioned as the proximate result of anything
done or permitted or in any way proximately arising out of the
locaticn, construction, operation or maintenance of sai d track
upon said street; and promptly to pay off and discharge or re-
pay to the City of Fort 1"-,Torch, all such damages, claims, judg-
ments, attorneys fees and other costs and expenses, provided,
however that said Railway Company be promptly notified by
a said City of
Fort �¢'orthofCany' such claims mad or any
such suit brought
against said City, and be offered the opportunity to defend,
investigate, settle or otherwise dispose of V",e same or ap4rove
settlement of same before such settlement be made. And the
construction of the track herein provided for shall be con-
struoted and an acceptapoe of the terms of this ordinance, by
the said Fort Worth & Rio Grande Railway Company.
SECTION 5: This Ordinance take effect and be in force
from and after its passage.
UT"tit A'rro H N E