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HomeMy WebLinkAboutOrdinance 1117 01`0 CE, NO. 0.),/ I1TAZ,10E GRANTING TO THM PORT TORTH SAND AIM 11,10. , MINISSIM TO LAY, 1USTALL, MMUCT, �.11M ati, 12,"IM THE RIGHT OF 117 OF E 9 w CHICAGO, 001:rtr y LIID� GULF AMADAD 1']"110 LED ACROSS EA '17 E 3LUE GROVE AVMUIt""', TO AVENUE, LAMOOD AMUE, DMIR LVE1 I'ANCOAST STREET M AIVERSIDE ADDITION TO THE CIT7 OF FORT WORTH* T`,`,1X,1iSV T1,11,w],F) FILIU01 "AID PhOVIDID0 P*","�,�W�.1�,Ill'I'll",-Itll"" ' 'llI 112 OF T ADD DIVIDIROG LOTS I AND 15 AND 169 BLOOL 42P RIVERSIDE IIDDITIO,.,'� TEEREAS, Port Worth Ss�,.nd, an, Gravel Cor,ipany, Inc. , oT,,,rns 'various and sundry lote In Riverside Addition to the City of Fort North, Texas , Thini , arj.(,I deeirous of laying installing, constructing, operiting an& maintaining an indt�i.stSFr rsjilv,ay track or tracks a- cross the properties so armed by it in said Additian;and Fort Worth Sand and Gravel Campany,lnc . , contemplates a earid, ard gravel plant on property ownad by it; and , th.e property involved is primarily adapt- ,, ""Ill""I-111,'I'll'iIllso able to inc.;.ut',�try it appears that the inetallation, can- straction and maintenance of an industr; and spur track or tracks In the neighborhood in question, is M will be fox the benefit of the public as wall as property ownere there- in; and, Fort Worth Sand and Gravel Cotpany, Me. , contemplates the making of extensiVe a7"'id near the proprD�rty irorolved; BE IT 01"MAIT11M B7,"," T�,", ] COUICIL OF THE ",.0,Y..,. .. OF FORT URTH: SECTIGN I That the City of Fort Worth, a municipal corpozu- tion in Tarrant County, Texac , duly inc,o.t-Cjo rated and exict- ing under and by virtue of a special charter adopted by the qualified voters of said Cit, on the 11th day of December, ,A. D. 1924 , purenant to the authority and powers canferre& by Beation 5, Article II , of the Constitation of Texas , known as the "Home Me Provision" thereof, does hereby give and grant unto the Fort North Band an& Gravel Company, Inc . the right and privilege to lay, install, constract , maintain and operate an industry railway, track or tracks to and across the following streets in Riverside Addition, ThiM Filing, to the City of Fort 7orth, Texas: Blue Grove Street , Alvord Street , East Fourth 8=09 Galvez Avenue , Lawnwood Avenue , Fiecher Menae , Covello Lvenue , Denair Avenue , Pancoast Street , and Da Costa Street , as well as the alleyways in Blacks 38 , 43, 66 and 67 . The right , privilege and franchice here grunted shall invest the Fort Earth Sand and Cravel ConTany, Inc. , with authority and power to build, install, of an& maintain as spar track or tracks from Lot 7 , Block 16 , aiagonally across Enut Fourt Street and Blue Grove Avenue to Lot 1, Block 38 , Sri verside AdOit ion, ThM Filing; from Lot 11, Block 38, said Addition, to and acrOLair Galvez Avenue and Covello Avenue , diagonally to Lot 1, Block 42; from Lots 17 18 and, 199 Block 42, ea id Addition, diagonally across Lawinro''mod Avenue to Lots 5 and 6. Block 67, said Addition; from Lot 28 , Block 67 , caid Addition, across Denaa ir Avenue to Lot 16, Block 68 , said Addition; from hot 30, Block 68 , acroes 2ancoast Street to lot 9 , Block 19 , said Addition; from Lot 16, Block 19, acroes Da Coeta Street; from Lot 10, Block 38 , across Galvez Avenue to loto 4 and 5. Block 43, oaid Addition; from Lot 11, Block 43, saV Aadition, acroLs Lawnrooa Avenue to of 5 , BOO 66 , said 4adition, an& as wall all intervening allege; and sha2l empower—said Com- pany vith the 06ht , privilege and franchise to lay, in- stall , operate and maintain a spur from Lot 1, Block 38 , Riverside Addition, Third Filing, nnrth along the West Line of Blue Crove Avenne to the right of ray of the Chicago , Rock leland & Gulf Railroad Company, subject however, to the terms an& conditions an herein specified . SECTIOU II That the alleyrat between Lots 1, 2 and 3, and 15, 16 and 17 , 31ack 42, Diveruide Addition to the City of Fort Worth, Third Filing, ao shown by the plat of said Addition, be and the same is hereby vacated, MaLed, and permanentl� abandoned as an allay, and all title al"Id owned and poseessed b, the City of Fort Wartb, Texas, and the public, in and to said alley and alleyway running betvaen �oaid. i,'iaurted lots, be and the some Q hereby surrendered and forfeited to the Fort Worth Sand and Gravel Cot�,pa�uy, lz,"Lqt , subject to the terms and conditions hereof, upon the condi- tion that the Fort Yorth Sand and Gravel Compang, IM. , dedi- cate to the City of 2ort Worth, for the ure and benefit oi! the public, an all through the len,,,th of Lot 3 , Block 42, -3- Riverremile Addition, Third Filing, to Galvez Avenne . SECTION III That the franchise and right here given is upon the condition that the Fort Worth =6 and Gravel Company, Inc. , its Eacce2cory and aEsigne, does hereby agree to indemnify and hold the caid City of Fort Worth hainleLs against all damages , claims , jadgmenK , attorney' s fees, and other costs and expenses rendered against or incurred or paia out by the said City by reacon of injuriee either to persons or property, occacioned he the proximate result of anything done or permitted, or in any way px,oxJ.rLa,,te1..y aris- ing out of tlhe con�,;truction, operation, or maintenance of said track or tracks over and acroes the streets involved; and. to reii,,A)are e ani hold harmless the said City of Port Vo7 t h against 611 expenees which it may be compelled to pa,), by reason of any claimc, demaKe , or causes of action, or by reasoh of any of the nots or things growing out of the exerciES or attempted exercise of the said Fort Worth Bani an& Gravel Company, Inc . , of any of—the powers, rights, and privilegee herein granted; and ME right , privilege and franchise is further cubjeast to and conditioned that the Port Varth Sand and Gravel Company, Inc. , it succeLsors and neeigne shall establish a spar traQ or tracks in the area aforesaid and crosAng the streets enumerated at the grade of such street or streets; and shall establish, construct and maintain the sama in accordance with plans and specifications approved by the City Engineer of the City of Fort Wo watt. The said Fort Worth Sand and Gravel Company, lnc. , by filing written acceptance Of ME franeblee, eh all and It does hereby agree to satisfy all judgments or other lawful demande whicb.may be made upon or brought against the City _1_1t of Port W&' rth$ which originate :' grc'b'aw out of the a n;age of this ordinance, including all damage suits that may arise as a rasult of the vigbte herein granted. SECTION Th.,Ls,,, ordinzzice aid these precen'ta, shall be in force and take effect as soon as the written acceptance above set forth is properly prepared and filed with t he City—Secretary- Treasurer of the City Q u f Fort- Worth, T "gym,as At a hegular heeting of the City Council of the City of Fort Worth , ME in the City ox:i the of Januai-y, A. D. 1926, a quorum being present , the adoptioxi of the above and foregoing ordinance wav moved by Coancil- ... la't'id being put to a vote and all voting "Aya" and none voting "No, " the same was declared to "be unanimously adopted and paEM an& ordered to be spreari upon the min at era . t L AMOVED AS TO ME: