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HomeMy WebLinkAboutOrdinance 2238 J01 ORIZEA110E G TO THE GULF, i'E RAILWAY' COMPANY , THE RIGHT TO BECOUSTRUCT, AND aPERATE AN EXIST1T",,`,,G UR 011,' T11ACCI,", ,12""D EXISTINa PA111AY ITAGNS, OVER I 'UPON i"11`�;D AC'T,,�O"]'3S MAIIED STREITFS IN THE CITY OF FaRT TEXAS , TO-WIT: AN EXISTING HA. 1,",l SPUR OR 1 NT1101-1, T1`(&C­",K OUT OF SAID RAILZAY G0QLNYTS MAIN LINE TRACK IN THE SOUTH- aX 1,11D ,EST OE-q4RTZ OF BLOZ 11 1=­0t,,7 ( 31 ) 1 TUZT , 01,,Tn­1 OF MIFIRD $TREET, A1,1D '1`,1R"1%-CE ONI A (,11RVE TO THIE RI QHV , OVER "2",],`D TERRY 6TREET , Ir TO , UPON' A*L01%,,,,G 11"OURTH STRIE1,;T, `10 TJ,­],],,,,; JUNID (,"Urf' Slrkll) 0111,�'V' Tl`,l TIEE 011117121, OF S11ID STREPET , U-1,<)T,,"` "o."""ID ALcT,!,T'G G11 17,�111'il 01v 11:1',' "= ii(),1.3131H STREET; 9A.") 0,V, "', ;11:71) FEGAIT TREET '1'0 A POL1,7f THE EASTERLY L1,`,'2,, 01,1`1 (.1'13,01PE UPON AND ALONG THE SOUTN`1111'1 IZ SIDE OF SAID FOURTH &TREET TO JONES STREE111121 �Ii'11'11111 1,,iZ(,,",ET 11,"D OF REPAIRING AND RAINTAINING d OPERAITI,"G, 11.1 "I'll "'311111"J"Cl SWITGR OR 6EDE TRACES LLADING OFF 01.1"' SAID �"31,`TM Df� j"3`1iIT11H TRACK NEAR E&H STREET INThESECTIbG SAID F&M11"T 'I 11,N 1i,`,,XISTI1Q,'G 1U111 A?UR OR ShITCH EXI5T11-',,,G 11,',,1USTRT 9 SWITCH OR SB)E TRACKS LOCAl."ED TO `21',l BE E01 OR MAY HhREAFT&",,,, 1: I,0C,4,Tz1) ON BLOCKS) OF GROUED SITUIiTED B] THE WESTER= LILE OF TERRY STREIE31r ZD '1111i, 11111111111ll OF JONES STRI.1i",T n m ; DES C"F SAID FDURTH STREET, THE TRACES SO , ,v TO BL R'ECOUSTRU CTED , RE PAIRED, MA1ZTJ0'1.1 D Ak,1D GPE1RATED BE j0D A1,01JG .21D AC(X)1,1,)IZ - ID 10E 11=61711 01,111,1111' BY 1"CD ON PRINT C.E.G. NO . C-11907075 , DATED FEBRUARY" 15, 1945, BERETU ATTA&H-110 o 1v'ikFK_ETD 11E.,'U1113IT V Al�D FILED ORDINANCE; ]PROVILING D-0,1AGES TO P],",,'01`1,,RTY 0' IN01m"Y TO i ImI l!': 'N'S ON, A=JNT OF TEE LO Ca TT aF , REC01,STIUC IT 01 , REPYJR NAINrERA9CE AND OPERATION' OF iAID 1,VD 111,,,,1,&V1D11,1G 211 LFFECTIVE DATE. BE IT ORDAINBD BY °11:1`1 CITY COUNCIL OF THE CITY SEGIrl all 1. That the Gulf I Colorado and Santa Fe Railway Company , a corpora- tion , is hereby gramted the rig ,git t,,,,) reconstruct , repair , maintain aad operate within the City of Fort Worth , Tarrant Countly , Texas , an exist-, ................ ­­ I in main spur or switch track turning out of said railway company's moin line track in the souVmast one-qparter of Block Thirt,,,�t- one ( 31) , just South of Third Street , and running thence southwesterly on a curve to Q right , over and across Terry Street , into , upon and along Fo,txrth, Meet , to the end of said curve in the center of said Fourth Street, th snce mester try , upon, end the c(,ritt,5r of said fourth Itreet ; and over and across Pecan ;Areet to a poixyt near, the easterly line of Grove Street; thence continuing westerly , over and across Grove Street , -upon end along the southerly sods an f seid FoTLrth Street to Jones Stref.)t , v*Lth the right and privilege of reconstruc.,ting , repairing and aaintaishit apd operating existi.rW,,, industry , switch or side tracks leading off of said main sj,,)iA!% or switch track near each street Qtcax sec tirq,,,, said Fourth Street that said existing mein spur, or switch track now nor ossesp serving industries in the immediate area , all of said tracks so to be reconstructed , repaired , maintained and opewated beiYv!,,,,, shown 'by red lines on print attached hereto , marked "Exhibit "A" s and filed with thAs ordinance . SECTION 2. That the said Gulf , Colorado and Santa Fe Railway Co,pany shall have the ridat to reconstruct, repair , maintain and operate such railway tracks along and over said Fourth StrE*it at sz)ch � rade or grades as it is now using or as may be changed with the approval of the Director, of the Departmait of Public Works of Ve City of Fort W=th , Texa sir q it being 11nderstood thA all wDrk of reconstructing ( 2) .. ......... and repairing the said line of railmy traelp,'s , switches , switch,- trackso turi,,,i-outs uwrcnd Al'ier appi,u�tenances over and along said street as hereinbefore described shall be under the supervision of the Direc- tor of the Department of Public Works of the City of Fort 4orth Texas , and in all things sul-,)Ject 'to his approval. jE dig ION; S. It is expressly undersOod and provided that the said Gulf , Colo- rado and Santa Fe Railway Company shawl 1p at ito owm cost and expense , imnediately after the aompleti,,)n of i.:iny or rej,"�,airing of said tracks, switches, turn-outs and other appiartenances, restore the street in as good condition as it was prior to the reconstructing or repairing of the said tracksp switchesp turn-outs and other appur- tenances , end as to this the Director of the Department of Publio Works of the City of Fort Worth shall be the excluzive judge as to when this section of the ordinance shall have been complied with. SECTION 4. It is further provided that said Reilway Company , in reconstruct- ing and repairing its tracks , switches and appurtenances under the privilege and franchise hereby granted , shall at its own cost and empense protect all sewer end water pipes and underground conduits and "utilities now existing end hereafter constructed iipon Or IM�Jer the grade of the street or streets over which the tracks shall be reconstructed or repaired so as not to impsir the usefulness of same, QQTION Said Gulf , Colorado and Santa Fe Reilway Coi,�ipeny , its successors and assigns , does hereby-agxee to ir,,Ldemnify and hold the City of Fort Worth , Texas, harmless because of , and prompt IT 'to pay off and discharge or repay to the seid City , all dam9ges , claims , judgments , attoraey 's fees end other costs and expenses rendered against or incurred or paid out by the said City A Fort Worth * Texas , by rea- son of injuries , either to persons or property , occasioned as the proximate ret,,ult of anything done or permitted or in any way proxi - mately arising out of the location , reconstruction repair , mainte- nance and operation upon the above streets and thoroughfares of the said tracks and cars , engines or locomotives thereon. SEC TI ON 6. The said Gulf Wolorado and Santa A Railway Coai,,;,' ny , its sue- cessors and assi gn s , shall , at it s o,en aw:) not on d exp ens can v pave t he street between the rails of all tracks laid "under the provisions of this ordinance , including spur , switch or side tracks 1 as well as the main, .5pi.w or switch tracks , and for a distance of eighteen ON inches on the outside of each rail of all of said tracks , and repave and otherwise surface and resurface in like manner said tracks * includIng in6in s�rvtxr or sTwitch track and spur , switch, or side tracks , and keep the same constantly in good order end condition, with the some material with which the street an the outside of said (4) tracks is paved and surfaced; and said Gulf , Colorado and Santa Fe Railway Company , its aaccessors and ass igis , shall conform. its said, tracks or any part thereof to the proper grade W said street and chuage the level of said tracks as often as the �a!rad,e of said street is obangeds so that every part of every track shall always be k eTt at the all established grade line, or as near thereto as the surface of the grade of the street outside md 1.1 :[x rmit. SEUTION 7. The pwivilege and franchise herein granted is subject to all the conditions . limitations and provisions of the original franchise , granted to the said Gulf , Colorado and Santa Fe Railway Company , and the same is concurrent with the said original franchise of the said Railway—Company. This privilege and franchise is to continue and exist for a periDd of twenty-five ( 25) years from the date of taking effect of this ordinerwe end the filing of a written acceptance of its terms, conditions and covenuats by the said—Railway Coppany, within thirty ( 3 0) days after the date of its passage. SECTION S. This ordinance shall 'be i�n, M1.1, for and effect from and aft(exr the date of its passage and acceptance , and it is so ardained . The above ordinaace was duly passed and adopted on this the day MZ 0 A. D. 1945 ATTEST: 2­0 City Secretary i'�,PROVED It,) F0,RM, City, Altorne STATE OF TEX13 COUD'i"TY —LE'. Ex. ffifdsollg City jecretary of the City of Fort Worth p Texas , do hereby, certify that the above and, foreg ix,,ig, i s a true and correct copy of Ordinance No . Z ;L 3 duly presented end unanimously adopted by the City Council Of the City of Fort Worths Texas , at a reqiLar session Iie;Id r,,)n the 2 ` 1915 , as same appears of record in Ordinance I3,,,,,)ok Page _2 'V'd III Dff 1-111,,TM and tGnu e.,Peficial s e e l of the City of' F,ort v—,'-wth , 111exest t�,,iis the a 17, D f XhiVy,po n A- 0. 1915. 000, o a I I Y d tia,y7.,T? trie, c"ilty of,7`7— Pat horth , Texas.