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HomeMy WebLinkAboutOrdinance 814 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 646 AND GRANTING TO THE WESTERN UNION TELEGRAPH COM- PANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND AUTHORITY TO BUILD, CONSTRUCT, OWN, USE AND OCCUPY CERTAIN CONDUITS IN THE STREETS OF THE CITY OF FORT WORTH, TEXAS FOR THE PURPOSE OF LAYING AND STRINGING TELEGRAPH WIRES IN ALL OF SAID CONDUITS, AS SPECIFI- CALLY SET FORTH IN THE BODY OF THIS ORDINANCE, AND UNDER THE CONDITIONS AND RESTRICTIONS THEREIN CONTAINED. BE IT ORDAINED BY THE BOARD OF COMLISSIOPTEF.S OF THE CITY OF OET WORTH THAT ORDINANCE NO. 646, APPROVED �� M. 0�/E BE AND THE SANE IS H _ BY A:d DED TO PEAD AS FOLLOWS: SECTION I Subject to the conditions and limitations herein ex- pressed, there is hereby granted to the Western Union Tele- graph Company, its successors and assigns, the right and authority to construct, operate and maintain underground conduits and to place and maintain Wires, cables and tubes therein, along and under the streets of the City of Fort Worth, Texas. SECTION II In consideration of the rights and privileges herein contained the Telegraph Company grants the City of Fort Worth the right to use one duct in such conduits in con- nection With its fire and police alarm systems, but no cable or cables installed in said duct shall be used for electric light or power purposes. SECTION III All construction and other work done under this or- dinance must be initiated, carried on and completed in ti - strict conformity to the ordinances, rules and regula.- tions of the City of Fort Worth at the time such work is done, and nothing herein contained shall ever be held to supersede or abrogate any ordinance, rule or regulation of the said City governing or relating to the conditions under which or the manner in which sim- ilar work or construction can be done in the public streets, highways, avenues and alleys of said City. The conduits herein authorized to be constructed shall be constructed, used, maintained and insulated and pro- tected in the manner required by the ordinances of the City of Fort Worth relating thereto, and all of the work of building, constructing„ laying of wires, operating and maintaining said conduits shall be under the direct supervision and control of the Commissioner of Lights of the City of Fort Worth, and the City Engineer of the City of Fort Worth. All work of construction to be done or performed under the terms of this Ordinance shall be done in the most approved manner, and only the best of material shall be used therein, and the system of conduits herein designated shall be sup- plied with the most approved and up to date equip- ment, and all the work, material and equipment shall be subjected to inspection by the Light Commissioner and City Engineer of said City, or by officers elected or desig4ated for that purpose by the Board of Com- missioners of the City of Fort Worth, and all work and construction shall be done under the direct super- vision and inspection of the Light Commissioner and City Engineer of said City and in the manner, and of the material that may be required by said Light Com- missioner and City Engineer. SECTION IV It is expressly provided that no excavation neces- sary in construction, extending or maintaining said conduits, and the wires therein, as hereby authorized, shall be begun until a permit therefor shall first have been obtained in the manner and form as is required by the general ordinances of the City of Fort Worth now in force, or that may be hereafter adopted, and each and every such excavation shall be guarded and protected by the person or persons making the same in the manner required by said general ordinances, and the work shall be completed as expeditiously as possible, and the sur- face of the street or highway in which such excavation is made shall, at once, after completion, be restored by the said Western Union Telegraph Company, its sue- cessors and assigns, in all respects to its former con- dition. SECTION V The said Western Union Telegraph Company, its suc- cessors and assigns, does hereby agree to indemnify and save harmless the City of Fort Worth from any judgment (including all costs and attcrneyst fees) which may be rendered against said City, or its officers or agents as such, on account of injuries or damages to persons or property as the proximate result of anything done, rformed or omitted by said Western U/ated le- pra Company or in any way proximatelng out Of it construction, operation and maie of the sai conduit system as herein indind here- by authors e3; provided, that said Western Union Tele- graph Compare its successors or as4igns, be given reasonable not Qe of the commence.;. Int of the action in which such 9 timet is found be afforded an Opportunity to a .ear and defer' such action in be- half of said City. SECTION V It shall be the uty of the Western Ution Tele- graph Company to file •ith a Finance Commissioner of the City of Fort Nor h, an itemized statemdnt of the costs of building, c structing and equipping the conduit system herein a�th razed. 1-7 TION II This ordinance hull be c;;epted within ninety days from the time f its pass ge by written accept- ance signed by th Western Unio Telegraph Company or its duly authori ed Agent, and s id written accept- ance shall be *led with the Cit Secretary and this ordinance sha 1 not take effect un 1 said written acceptance s all have been so signs and filed. SECTION VIII ordinance shall take effect be Jz force from after its passage and the fili with the City Secret ry of the tten a eptance of the arms by the Weste n Union Telegraph pany as herein pro ided. Approved: Corporation Counsel performed or omitted by said Western Union Tele- graph Company or in any way proximately arising out of its construction, operation and maintenance of the said conduit system as herein indicated and here- by authorized; provided, that said Western Union Tele- graph Company, its successors or assigns, be given reasonable notice of the commencement of the action in which such judgment is found and be afforded an opportunity to appear and defend such action in be- half of said City. SECTION VI It shall be the duty of the Western Union Tele- graph Company to file with the Finance Commissioner of the City of Fort Worth, an itemized statement of the costs of building, constructing and equipping the conduit system herein authorized. SECTION VII This ordinance shall be accepted within ninety days from the time of its passage by written accept- ance signed by the Western Union Telegraph Company or its duly authorized agent, and said written accept- ance shall be filed with the City Secretary and this ordinance shall not take effect until said written acceptance shall have been so signed and filed. SECTION VIII This ordinance is intended to amend ordinance No. 646 approved by the Board of Commissioners Tuesday, Jan- uary 7, A. D. 1919 and is cumulative of all other ordin- ances of the City of Fort Worth and it is intended that all other ordinances and parte of same shall remain in full force and effect except wherein the provisions of same are in direct conflict with the provisions of this ordinance, in which case said provisions and sections are hereby repealed. SECTION IX This ordinance shall take effect and be in force from and after its passage and the filing with the'City Secretary of the written acceptance of the terms by the Western Union Telegraph Company as herein provided. Approved: Corporation Counsel