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Ord 230 11/9/1916 A ORDTi4ANCE 1d0 '`�• AN ORDINANCE GRAN TI dG TO .,ICHI T A FA:r.LS AND IaO.:TH- '` ES TERN R AIL,4AY COMPAIy Y JF TEXAS, ITS SU %CE:';.3O S ,,ND ASSIGNS AIID LESSEES, TITS ;SIGHT TO CO—iiSTRUCT TEN (10) STANDA:iD GUAGE RAIL, AY TAAJKS IN, AL0AG Z_) ACnOS; KiaNTUIXY AVEITUF. BET EEN BLOC''S THREE 10 D FOUR (3 & 4) OF THE BAR'VO I SE AND JA1,0141ICK ADDITION TO TIE' CITY OF JICHIT `� FA J_:�, TEXAS. Section 1: BE IT ORDAINED, By the Board of Aldermen of the City of 4ich i to Falls, Texas, that the right , permission and . authority is hereby granted to the Wichita Falls and Northwestern Railway Comran-V of Texas, and its successors, assigns and lessees, to enter upon and construct in, along and across Kentucky Avenue in the City of : ichita Falls, Texas, any numher of Standard Guage Railway Tracks, not ekoeeding ten (10) , said tracks to be con- structed across said Kentucky Avenue at right angles with said Avenue and parallel with :pecan :street, said tracks to cross the said Kentucky Avenue between Blocks three and four, of the Barwi se and Ja ;loniok Addition to the City of 'iichita Falls, Texas, as the same is shown by the plat thereof of record. in the deed records of dichita County, Texas, Igookl- v use said tracks so constructed '#y it across the said Kentucky Avenue at the place hereinabove described, for yards, storage tracks, switch purposes or any other puri)ose for which side-traks are ordinarily used. Section 2: The right and ermission is hereby further granted unto the said r ichita Fulls and Northwestern Railway Com- pany of Texas, its successors and assigns and lessees to operate trains and engines and cars in and upon the tracks so constructed and to use the same as side-tracks and for all the purposes for which side-tracks may be ne ce ssury.2 Section 3: BE IT FURTI1P:R ORDAINED, That the right and permission hereby granted the ich.*,ta galls and Northwestern Railway Company of Texas, its successors, assigns and lessees, is subject to the following conditions, to-wit: (a) The said Wichita Falls and Northwestern Railway Com- pany of Texas, its successors, assigns and lessees shall hold the City of Wichita Falls meXas _ harmless from my and all claims for damage to property aria ng by reason of the construction of said side-tracks and by reason of the operation of care and trains thereupon. (b) The Wichita Falls and Northwestern Railway Company of Texas, its successors, assigns and lessees shall construct and maintain all necessary crossings across said street where said tracks are laid under the supervision and direction of the Board of :aldermen of the City of iichita Falls, Texas, or the City En- gineer of said City. (a) The '4ichita Falls and Northwestern Railway Company of Texas, its successors, assigns and lessees, shall, if required, to do so by resolution of the Board of .Aldermen of the said City of Wichita Falls, Texas, erect and maintain suitable street and alley lights upon the street and alley used or crossed by said tracks herein mentioned. (d) The said 'siichita Falls and Northwestern Railway Com- pany of Texas, its successors, assigns and lessees, Ag al.l in the event the City of ~Wichita Falls, Texas, shall at any time hereafter desire to pave said street or alleys occupied by the tracks herein �, ,4,�"/a,t-X mentioned, be required to pave that portion of the street or alley between said tracks and between the rails of each of said tracks Z"/L.---iipon resolution of the Board of .Aldermen of the City of 'Xichita Falls, Texas, demanding and roquirinr such paving to be done. Section 4: In the event that the Hoard of Aldermen shall hereafter desire by resolution to open said Kentucky street at the point occupied by said tracks, this franchise shall not be construed as granting to said railway company, its successors and assigns, the right or privilege to leave cars or engines standing over or upon said street or alley so occupied. Section 5: In the event this street shall hereafter be 6pened by resolution of the Board of Alderm en, the said Rail- way Company, its successors and assigns, shall not block, obstruct or delay traffic or passage over or through s4id street and alley for a time longer than allowed by the ordinances of the City of Wichita Falls, Texas. Section 6: This franchise is accepted with fulk notice of and subject to the rights of the Lake 'dichita Irrigation Company as to the maintainance of its irrigation ditch over and across that portion of the streets and alleys so occupied 'by it at this time and the Company agrees to indemnify and save harmless, the said City of Wichita Falls, Texas, from any and all actions which may be brought against it by the said Lake +ichita Irrigatiof: Company, for or an account of the riiThts, one ivileges given the said railway company, its successors and assigns under and by virtue of this franchise. Section 7: This Franchise shall commence and date from the passage of this Ordinance and be in full force and effect for 3© years. Section 8: BE IT FUR 1 ER ORDAI,'ED, that this ordinance shall become and be e-tfective from and after the date of its pas- sage as provided by the. Charter of l_�ichita Falls, Texas, and of the acceptance of its conditions by the 'Jichita Falls and North- western Railway Company of Texas, such acceptance to be in writing and filed with the City Clerk of =ichita Falls, Texas. �L Approved this, the 1,/ day of A. D. 1916. mayor of the My o iVichita Falls, Texas. L Clerk of the City of Wichita Falls, Texas.