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HomeMy WebLinkAboutOrdinance 904 ORDINANCE NO. AN ORDINANCE GRAIITING THE RIGHT, PRIVILEGE AND FRANCHISE TO THE RECEIVERS OF THE TEXAS Y AND PACIFIC RAILWAY AND TO THE TifttS-STD PACIFIC RAILWAY COMPANY, THEIR AND—ITS SUI - CESSORS AND ASSIGNS, TO CONSTRUCT AND THERE- AFTER MAINTAIN AND OPERATE A CERTAIN SPUR OR SIDE TRACK ON AND ALONG BRYAN STREET AND ACROSS ELIZABETH STREET. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT NORTH: SECTION I That the right, privilege and franchise be, and the same is hereby granted to the Receivers of the Texas and Pacific Railway and to the Texas and Pacific Railway Company, to construct, and thereafter to oper- ate and maintain, a certain railway track on and along Bryan Street and across Elizabeth Street, more partie t ularly described as follows : Turning out of the existing side or spur track on the west side of Bryan Street at a point siatJr.- eight (68) feet north of the north line of Elizabeth Street ; THENCE in a southeasterly direction on a reverse curve across Elizabeth Street to a point which is nine (9) feet perpendicularly distant from the east line of Bryan Street; THENCE continuing along a line nine (9) feet east of and parallel with the east line of Bryan Street to the end of proposed spur, a total distance of 329.2 feet. SECTION II The right, privilege and franchise herein granted, is granted subject to the following conditions, 1 a violation or abuse of which or the misuse of which, shall constitute a ground for the forfeiture of the right and privilege hereby granted, which said condi— tions are described as follows: • (a) That the said track shall be kept at all times during the period of this grant, flush *ith the grade of the said street unless otherwise pro— vided by the governing authorities. In order to con— struct and operate said spur or side track, the grade line of said street is to be changed so as to provide a maximum grade of 2.54 per cent, from the east line of Elizabeth Street to the end of said spur track, said grade line to be established by the City Engineer, and the same shall be maintained so as to interfere as little as possible with public travel on, along and across the said street; that in this connection the City of Fort Worth expressly reserves the right when- ever it deems it proper to do so in behalf of the pub- lic travel on said street, to prescribe when switch— ing shall be allowed on the said track and prescribe the length of time that, cars shall remain thereon and it is further distinctly understood that the said track shall never be used for the purpose of storing cars. (c) That the tracks laid under the terms of this ordinance on said street, that are now or shall hereafter be paved, shall be of first class rails of such kind as shall be designated by the city engineer of the City of Fort 'forth, and shall be laid in such manner as to make the least possible obstruction to vehicles, and shall be maintained in that condition. SECTION III That the said receivers of the Texas and. Pacific Railway Company, the Texas and Pacific Rail- way Company and its successors and assigns, shall, at its or their cost and expense, pave and repave or otherwise surface and resurface and keep constantly in good order and condition with the same z4terial with which the street on the outside of said tracks A. is paved and surface all that part of each street or streets occupied by it, or that which lies be- ._ the ,rails of szid tmoks, and for rhes on each side thereof, and may be laid under the provisions of this ordinance, and the said receivers of the Texas and Pacific Railway Company, the Texas and Pacific Railway, Company, its or their succes- sors and assigns, shall conform said tracks or any part thereof to the proper grade of the street, and change the level of said tracks as often and when- ever the grade of any such streets is changed so that every part of each track shall always be kept at the duly established grade line, or as near there- to as the o f e of tbe__ZzaA& of the streets-along the sides thereof will permit. SECTION IV That the said grantee herein shall in- demnify the City of Fort Worth and save it whole and harmless against any and all loss, damage, cost or expense that may be occasioned to any person or prop- erty or that may arise out of or be occasioned by the maintenance of the said track, and the said grantee shall save and hold the City of Fort Worth harmless from any and all character of injury, damage, cost or expense whether real or asserted, growing out of the maintenance and operation of the said track. AM M a� SECTION V That the right, privilege and franchise hereby, granted is granted for a 15-eriod .cf twentr -ite) Years from the date of acceptance of this ordinance as herein provided for, and the said grantee agrees to pay to the City of Fort Worth as compensation for the grant hereby made, the sum of per year, which said sum shall be paid on the day of of each end every year dur- ing the period of this grant; that it is distinctly understood between the parties that the City of Fort Worth does at all times reserve the right to cause the grantee to elevate or lower the said track or to etherwiee -iyharget er in its judgment it deems the public interest demands the same. SECTION VI That this ordinance is granted subject to the charter and ordinances of the City of Fort Worth now in existence and such future charter and ordinances, as may hereafter be passed. SECTION VII That the grantee herein shall file its writ- ten acceptance of the terms and provisions of this ordinance not later than twenty (20) days after the passage -,o this ordinance, provided, that if for any reason the grantee is unable to file its written ac- ceptance within the said time it may be granted an ex-- tension of time by the Board of Commissioners. SECTION VIII That this ordin=ce shall be and become ef- fective from and after its passage, as in the charter in such cases made and provided, and the filing of the written acceptance as herein provided. Approved as to Form: Corporation Counsel PASSED � .�_ , 1923. CORRECT ENROLLED —14et4owp o4of, , 1923. City lit 1 orney For Board of Commissioners APPROVED �P -60(Lip 123. 0 Y, —Z �.yor ATTEST Y Soo ret ary