HomeMy WebLinkAboutOrdinance 1707 ORDINANCE NO. 1707
AN ORDINANCE GRANTING TO THE ST. LOUIS &
SOUTHWESTERN RAILWAY COMPANY OF TEXAS THE
RIGHT TO EXTEND ITS PRESENT SWITCH OR SPUR
RAILWAY TRACK ON NORTH HAMPTON STREET IN
THE CITY OF FORT WORTH, TEXAS, A DISTANCE
OF 100 FEET DUE SOUTH ALONG SAID NORTH
HAMPTON STREET FROM ITS PRESENT TERMINUS
AT THE SOUTH LINE OF GARVEY STREET.
WHEREAS, the St. Louis & Southwestern Railway Com-
pany of Texas has heretofore secured, and now holds, a franchise
to operate a line of railway tracks along certain streets with-
in the corporate limits of the City of Fort Worth, and said
Company has heretofore secured, and now holds, the franchise
and right to operate a spur track or switch track upon and over
a portion of North Hampton Street, as evidenced by Ordinance
No. 528 of the City of Fort Worth, passed August 22, 1916, and
by virtue of said previous Ordinance a spur or switch railway
track was constructed from the main line of said railway, begin-
ning near the intersection of North Hampton Street with said
main line, and extending in a course described in said previous
ordinance due South along North Hampton Street, the center line
of the track being ten feet East of and parallel with the West
line of said North Hampton Street to a point in North Hampton
Street parallel with the South line of Garvey Street, which is
the present Southern terminus of said switch track; and,
WHEREAS, Friderichsen Wall Tile Company is the owner
of a ceramic products manufacturing plant located on the West
side of North Hampton Street at the terminus of said present
railway switch track, and said Friderichsen 'Nall Tile Company
proposes to build an extension to the existing plant, and in
order that said extension may be properly served, said Company
has petitioned, for itself and said St. Louis & Southwestern
Railway Company of Texas, that said Railway Company be granted
the right and franchise to extend its present switch track
South a distance of 100 feet;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FORT WORTH:
SECTION I.
That the St. Louis & Southwestern Railway Company
of Texas is hereby granted the right to build, construct, main-
tain and operate within the City of Fort Worth, Tarrant County,
Texas, a line of railway track along and over a portion of North
Hampton Street, same being an extension of the spur or switch
track of said Company already located on said North Hampton
Street, and said extension track being located and described
as follows:
"DESCRIPTION OF TRE LOCATION OF THE CENTER LINE
OF THE PROPOSED SWITCH TRACK EXTENSION TO BE CONSTRUCTED BY
THE ST. LOUIS & SOUTHWESTERN RAILWAY COMPANY OF TEXAS ON
NORTH HAMPTON STREET, IN THE CITY OF FORT WORTH, TEXAS:
"Beginning at a point in North Hampton Street where
the South line of Garvey Street, (if extended), would inter-
sect said forth Hampton Street, and said beginnfrig" Point being
ten feet East of the 'Nest line of North Hampton Street; ,thence
South ten feet East of and parallel with the West line of North
Hampton Street a distance of 100 feet;"
A blue print and sketch of the proposed line of said
switch track extension being attached to and made a part of this
ordinance.
SECTION-II.
The said St. Louis & Southwestern Railway Company
of Texas shall have the right to construct, maintain and oper-
ate a single line of railway track over, along and across said
street as described in Section I hereof at such grade or grades
as it may elect to use, and as may be approved by the City En-
gineer of the City of Fort Worth, and it is expressly provided
that the laying and construction of said line of railway and
track hereinbefore designated shall be under the supervision
of the City Engineer and the City Council of the City of Fort
'North, and shall in all things be subject to their approval.
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SECTION III.
Said Railway Company shall at its own cost and ex-
pense immediately after the completion of the construction of
said extension switch track put the said street in as good con-
dition as it was prior to the construction. of said track thereon.
SECTION IV.
All of the property on the West side of North Hampton
Street adjoining and along the line of the proposed extension
switch track being owned by said Friderichsen Wall Tile Company,
it is hereby specified that said Friderichsen -Wall Tile Com-
pany, a private corporation, and the said St. Louis & Southwestern
Railway Company of Texas, a private corporation, jointly and
severally, by their acceptance and by the exercise of the rights
and franchises herein granted, do hereby agree and bind themselves,
each for itself, to indemnify and hold harmless the said City
of Fort Worth, a municipal corporation, its successors and as-
signs, 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 said City of Fort Worth for or
on account of injuries, either to persons or property, occas-
ioned as the proximate result of anything done or permitted or
in any way proximately arising out of the location, construction,
operation or maintenance of said track upon said street, and
promptly to pay off and discharge or repay to the said City of
Fort Worth all such damages, claims, judgments, attorneys' fees
and other costs and expenses; provided, however, that the said
parties be given reasonable notice by the said City of Fort
North of any such claims made or any such suits brought against
said City of Fort Worth, and be .given the opportunity to defend,
investigate, settle or otherwise dispose of the same, or approve
settlement of same before such settlement be made, and the said
St. Louis & Southwestern Railway Company of Texas and the said
Friderichsen Wall Tile Company shall duly file their acceptance
of the terms of this ordinance.
SECTION V.
The said franchise and rights herein given to said
Railway Company shall be subject to all of the provisions of
the Charter and ordinances of the City of Fort `North.
SECTION VI.
This ordinance shall take effect and be in full force
and effect from and after the date of its passage and publication
as required by law.
APPROVED AS TO FORM:
City Attorney
I hereby certify that the above and foregoing ordi-
nance was duly presented and unanimously passed and adopted
by the City Council of the City of Fort Worth at a regular
meeting of said City Council held on the �� . day of -Feb-
A _ 1931.
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