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HomeMy WebLinkAboutOrdinance 420 Mlwh� 4 d ORDINANCE N0, 420. AN ORDINANCE granting to the Northern Texas Traction Company. a corporation, and its assigns, the right, privilege and franchise to construct, equip, maintain and operate by electricity or some motive power other than steam a line of street railway over and upon certain streets in the City of Fort Worth, and to erect and maintain poles and overhead trolley and other necessary wirer thereon. BE IT ORDAINED by the Board of City Commissioners of the City of Fort Worth: Section 1: That in consideration of the stipulations and agreements hereinafter contained to be kept and performed by the Northern Texas Traction Company, its successors and assigns, the City of Fort Worth, a municipal corporation, has given and granted, and does hereby give and grant unto the said Northern Texas Traction Company, a corporation domiciled in Fort Worth, Tarrant County, Texas, and its successors and assigns the right 2 license, and franchise to construct, equip, maintain and operate a line or single or double `traek electric street railway for the carriage of passengers or freight, together with all necessary switches, -Ide tracks,, turnouts, 'rYfs", frogs, connections , poles, wires, and glso other fixtures or appurtenance's and belongings now requisite, necessary or convenient for the construction.; operation and maintenance of said line of electric street rail.- way ailway on through and over the following streets, alleys or public thoroughfares of the City of Fort Worth as an extension of and connection with the present line of electric street railway owned and operated by said grantee, Northern Texas Traction Company over Fairmount Avenue in said City,to-.wit : Beginning at a point of connection with the present line of street railway and .tracks of the Northern Texas TrACtion company at the intersection of Fairmount Avenue and Elizabeth Boulevard in said City of Fort Worth; thence southward over Milling Avenue to or near the junction of Milling Avenue and Folsom Street, a distance of about 5200 feet. And the right is hereby expressly given and granted by the City of Fort Worth unto the said Northern Texas Traction Company, its successors or assigns in the course of said right-of,way and franchise herein granted to cross with its said line of electric railway track any and all street car tracks or steam railway tracks within the City of Fort Worth that may be 3 intersected by said line of railway of the grantees herein, its successors or assigns. This franchise and grant of the right to extend said lines /over the streets just above mentioned "* is to be subject to and run current with the original franchise heretofore granted by the City of Fort Worth to the Northern Texas Traction Company and its assigns to construct, maintain and operate its line of street railway over said Fairmount Avenue. R Section 2: All the tracks laid under the provisions of this ordinance, except switches and side tracks and turn-outs, and except places where turns are made or where the street is partially occupied by some other street car track, shall be laid and kept as nearly in the middle of the street as is practical and the top of each rail of each and every part of said track and the spaces between the rails shall be kept level with the street alongside; and the tracks, wires, poles and all other equipment shall be of standard quality and so constructed and maintained that travel upon said streets shall not be unnecessarily obstructed or endangered at any place and all mat.. tors of construction and maintenance shall be subject to the approval on of the City Engineer and - City Electrician and Board of City Commis- sioners; all tracks on portions of streets 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 and shall be laid in such manner as to make the least possible obstruction to vehicles and shall be maintained in that condition. ]ns r�rr 4 Section 3: Said Northern Texas Traction Company or its assigns shall at its or their sole cost and expense pave and re-pave or otherwise surface and re-surface and keep constantly in good order and condition, with the same material with which the street on the outside is prved antt Mrtfsed, all that part of each street occupied by it or that which lies between the rails of said tracks and for 18 inches on each side thereof, and said Northern Texas Traction Company or its assigns shall conform its or their tracks or any part thereof to the proper grade of each street and change the level of said a tracks as often and whenever the grade of any such street is changed so that every part of each track shall always be kept at the duly R! established grade line or as near thereto as the surface of the grade of the street outside thereof will permit. Section 4: Said Northern Texas Traction Company, its suecessoie and assigns, do hereby agree to indemnify and hold the City of Fort Worth ha=less because of, and promptly to pay off gnd discharge, or repay to the said City, all damages, claims, Judgments, attorneys* fees and other costs and expenses rendered against, or incurred, or paid out by the said City by reason of injuries either to persons or , property occasioned as the proximate result of anything done or per- mitted or in any way proximately arising out of the construction; operation maintenance upon the above streets and thoroughfares of the tracks, poles or wires of said Company. Section 6: The City- Engineer shall direct and point out places at which poles erected under this ordiance shall be set; . 5 provided always that no poles shall be set in violation of any City ordinance. Section 6:r All the limitations, provisions and conditions contained in the ordinance referred to, granting the franchise on Fairmount Avenue, shall continue in force and shall govern and control in addition to the provisions of this ordinance the operation and construction of the contemplated extension of the present line as hereby granted. Section 7: That th,e said Northern Texas Traction Company will build and have in operation the aforesaid line of street railway within 6 months from and after the date of granting this franchise herein provided for, and in the event of the failure so to do, said franchise hereby granted shall become forfeited. Section 8. That this ordinance shall take effect and be in force from and after its passage. I hereby certiry that the above and fore going ordinance was duly presented and unanimously passed and adopted by the Board of Commissioners o2 the City of Fort Wort# at a session of said Board held Saturday June 27th,1914. City Secretary. ;'- ' -7i