Ord 1301 4/22/1940 ORDINANCE NO.
PRIVILEGE AND FRANCHISE TO THE FORT
AN ORDINA�NCE MWTING THE RIGHT; LESSEES AND ASSIGNS; TO
WORTH & DENVER CITY RAMiiAY COUANY; ITS SUCCESSORS" 'T; 'iTICH-
A SViITCH13ACK TRkCK CROSSING INDIANA STRFL IGINAL
CONSTRUCTP MAINTAIN UM OPERATE Ix OR
AND ALLF -VIAy RUNI%IING EAST AJ\TD VEST THROUGH T1,OCK SEVE'NTY-S ;
,y PAR IE PRINT ATTACHED
k,T IC ULAD,
1TA STIE ET wICHITA FALLS., AND BEING YORE Ly SHMN ON BLb -!AY TR
TMNSTTE OF KED EXHIBIT "All SHU,,J-ING SAD) RIGHT-OF--�' -kCK�
REMETO AND r1LDEE A PART HERSOF�, MkR
FOR A PERIOD OF 74E;NTY-FIVE YEARS- OF THE CITY OF
1101TI., THERE-FORE., BE IT ORDAINED BY THE BOARD OF AIMZRL�EN
-.'iICHITk FJAJJZ., TExAs., A MTICIPAL CORPOMTION:
SECTION Z. That the right and permission is hereby granted by the City
e Fort Worth & Denver City Railway Ccimpany., its, suc-
of `Uichita Falls, Texas, to th ed
cessors5 assigns and lessees to enter upon., in and nlor4g the following describ
tract of land located in Vlichita Fallso Wichitan County� Texas, to-vit:
BEGINNING at a point in the East line of Indiana Avenue
at or near the Northwest corner of Lot 9., Block 76;
Indiana Avenue to
Thence in a southerly direction across
a point in the South line of ',Vichita Street; Thence in a
Northwesterly direction 430 feet on Indiana Avene parallel
with and approximately 16 feet from the west prope�y line
of Indiana Avenue; including also the right to cross the
alley at the rear of Lots 13., 14, and 15,, Block H�, Re E*
Montgomery Subdivision.
and maintain a standard gauge size switchback track upon --,.nd
and to constructp lay t of land., which is also indicated in a blue print,
across the above described trac marked Exhibit "A"P showing in red t6 loc-
attached hereto and made a part hereof., es streets and alleys�
,-tion of the purposed switchback track where the same cross
above described. ssion is hereby further granted to the Fort
SECTION 2. The right and pernii
its successors, assigns and lessees to o-
perate
Worth & Denver City Railway Company., ack so constructed and maint.-ained
trains, engines and cross on., upon and over the tr further pur-
and to use the same as a switchback track and for any and all other and
poses., for which said track r-ay be needed.
SECTION 3. Be it further ordained that the Fort Worth & Denver City Rail-
way Company shall have the right in constructing said railroad track to remove such
portions of the concrete pave�ent on Indiana and ','lichita Streets as is reasonably
and maintenance of said track., but that they shall
necessary for the construction ncrete pavement except over the
each Mine and in each instance replace the said co said streets
rails of said track, With the same kind and character of pavement now on
which shall conform substantially -with the concrete now in said street.
SECTION 4. This franchise is granted for a period of twerty-five years
e as herein provided for3 and this franchise shall
from the date of its acceptanc , its successors., assigns)
be accepted by the Fort Worth & Denver City Railway Company.,
and lessees within sixty days from the date on which this franchise becomes effective
and written acceptance hereof shall be made by said railroad com-
under the Charter.,shall be filed with the City Clerk of the City of Nichita Falls.,
pan;y and the sme
Texas.
55ECTION 5. The Fort Worth & Denver City Railway Company' its successors.,
assigms and lessees, shall hold the City of *vVichita Falls, Texas., harmless from any
r personal injury to persons or damage to
and all cla-Uns for damages., whether fo � reason of the operation of the cars
property arising by reason of said track and by
and trai-rs thereon.
ity Railway Company) its successors, assisms
ICFICTiON 6. The Fort v7orth 6 Denver r ings across said track under
and Lessees�, shall c onstruct and maintain said cross - a Falls.$ Texas, and
the supervI-sion of the Board of Aldermen of the City of UTichit
it is so ordained. and ef-
SECTION 7. This ordinance shall take effect and shall be in full force
feet after its jDassagge., as provided in the Charter of the City of Wichita Falls,
Texas.
PASSED AND APPROVED., this,�?;�' day of April, 1940.
ATTEST:
Seer tary