HomeMy WebLinkAboutOrdinance 3540 ORDINANCE; NO.
AN ORDINANCE RENEWING AND EXTENDING FOR THE PERIOD
OF TWENTY-FIVE (25) YEARS FROM AND AFTER APRIL 10,
1956, ALL THE RIGHTS AND PRIVILEGES GRANTED TO ST.
LOUIS, SAN FRANCISCO AND TEXAS RAILWAY COMPANY BY
ORDINANCE NO. 1717 ENACTED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, ON APRIL 10, 1931;
AND GRANTING TO ST. LOUIS, SAN FRANCISCO AND TEXAS
RAILWAY COMPANY THE RIGHT AND PRIVILEGE, FOR AND
DURING THE TWENTY-FIVE (25) YEAR PERIOD ENDING APRIL
10, 1981, TO CONTINUE TO CONSTRUCT, MAINTAIN, OPERATE
AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS A
CERTAIN PORTION OF NORTH STREET IN THE CITY OF FORT
WORTH, TEXAS, AND IN, ON AND ACROSS CERTAIN LANDS
WHICH PRIOR TO THE ENACTMENT OF ORDINANCE NO. 3127
BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,
CONSTITUTED PORTIONS OF STAYTON STREET, WEST BROADWAY
AVENUE, WEST DAGGETT AVENUE, JEROME STREET, AND WEST
JARVIS STREET IN THE CITY OF FORT WORTH, TEXAS; AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE
SHALL BECOME EFFECTIVE IMf,•IEDIATELY,
WHEREAS, by ordinance No. 1717 duly enacted by the City Council
of the City of Fort Worth, Texas, on April 10, 1931, St. Louis, San
Francisco and Texas Railway Company was granted the right and privi-
lege to construct, maintain, operate and repair a certain branch line
or spur track connecting with Its main line of railway In the City of
Fort Worth, Texas, In, on and across the following described streets
In the City of Fort Worth, for a term of twenty-five (25) years from
and after the date thereof, said streets being described as follows:
1. To extend In a northerly and southerly direction
across Stayton Street a distance of 90.8 feet more or
less from a point in the southwesterly line of said
Street about 320 feet northwest of its Intersection
with the north line of West Peter Smith Street to a
point In the northeasterly line of said Stayton Street
about 240 feet northwest of Its Intersection with the
north line of Wenneca Avenue.
2. To extend in a northeasterly and southwesterly
direction across West Broadway Avenue a distance of
51.4 feet more or less from a point In. the south line
of said Avenue about 448.1 feet west of its intersec-
tion with the west line of Jerome Street to a point
In the north line of West Broadway Avenue about 435.7
feet west of its Intersection with the west line of
Jerome Street.
3. To extend In a northeasterly and southwesterly
direction across West Daggett Avenue for a distance
of 74.6 feet more or less from a point in the south
line of West Daggett Avenue about 280.9 feet west
of its intersection with the west line of Jerome
Street to a point on the north line of West Daggett
Avenue about 225.5 feet west of its Intersection
with the west line of Jerome Street.
4. To extend in a northeasterly and southwesterly
direction across Jerome Street for a distance of
67.2 feet more or less from a point In the west
line of Jerome Street about 36.5 feet south of its
Intersection with the south line of West Jarvis
Street to a point in the east line of Jerome Street
about 1.4 feet south of its intersection with the
south line of West Jarvis Street.
5. To extend in a northeasterly and southwesterly
direction across West Jarvis Street for a distance
of 74.6 feet more or less from a point in the south
line of West Jarvis Street about 1.6 feet east of
Its intersection with the east line of Jerome Street
to a point in the north line of West Jarvis Street
about 56.9 feet east of its intersection with the
east line of Jerome Street.
6. To extend in a northeasterly and southwesterly
direction across North Street for a distance of
79.2 feet more or less from a point in the south
line of North Street about 25 feet west of the north-
west corner of Block "A" T.& P. Ry. Addition to a
point in the north line of North Street about 851.3
feet west of its intersection. with the west line
of Fournier Street.
WHEREAS, SAID branch line or spur track was thereafter constructed
by said St. Louis, San Francisco and Texas Railway Company in, on and
across the above described streets and has been maintained and operated
by said St. Louis, San Francisco and Texas Railway Company to this
date and is now being maintained and operated by said Railway Company;
the purpose of said spur track being to serve the water works plant
of the City of Fort Worth; and
WHEREAS, by Ordinance No. 3127 enacted by the City Council of
the City of Fort Worth, Texas, on October 14, 1953, certain portions
of the above mentioned streets (other than North Street), including
the portions thereof described in said Ordinance No. 1717 across which
said St. Louis, San Francisco and Texas Railway Company had long prior
thereto constructed said branch line or spur track, were closed, aban-
doned and permanently vacated as streets or public thoroughfares of
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any kind; but it was expressly provided in said Ordinance No. 3127
that an easement was reserved in and across the lands in said portions
of said streets for any and all existing utilities; and the City Coun-
cil of the City of Fort Worth, Texas, now and hereby finds as a fact
that said spur track was at the time of the enactment of said Ordinance
No. 3127 an existing utility in and across said portions of said streets
and that said Ordinance No. 3127 reserved an easement for said spur
track; and
WHEREAS, it is to the best interests of the City of Fort Worth
and its citizens that the rights and privileges granted to said St.
Louis, San Francisco and Texas Railway Company be renewed and extended
for an additional term of twenty-five (25) years from and after April
10, 1956; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1
That all of the rights and privileges granted to St. Louis, San
Francisco and Texas Railway Company by said Ordinance No. 1717 be and
they are hereby renewed and extended for a period of twenty-five (25)
years from and after April 10, 1956; and that, for and during such
25-year period ending April 10, 1981, said St. Louis, San Francisco
and Texas Railway Company shall have, and it is hereby granted, the
right and privilege to continue to construct, maintain, operate and
repair said branch line or spur track connecting with its main line
of railway in the City of Fort Worth, Texas, in, on and across the above
described portion of North Street and the above described lands which,
prior to the enactment of said Ordinance No. 3127, constituted portions
of Stayton Street, West Broadway Avenue, West Daggett Avenue, Jerome
Street, and West Jarvis Street.
SECTION 2
That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
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SECTION 3
That this ordinance shall take effect and be in full force and
effect from and after the date of its passage, and shall continue
in effect until April 10, 1981, and It is so ordained.
API�ROVED AS TO FORM:
City Attorney