Council Proceedings: June 16, 1905

AN ORDINANCE GRANTING TO GEO. W. ARMSTRONG & ASSOCIATES THE RIGHT TO ERECT POLES AND LAY CONDUITS & PIPES ALONG THE STREETS AND ALLEYS OF THE CITY OF FORT WORTH, FOR THE PURPOSE OF FURNISHING LIGHT, HEAT, HOT WATER AND OIL TO THE PUBLIC.

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Be it Ordained by the City of Fort Worth.

Section 1. That whereas Geo. W. Armstrong, and associates desire to erect in the City of Fort Worth a light Power and Steam Heating plant, for the purpose of furnishing light power, steam heat and hot water be the for public and private use, therefore, the said Geo. W. Armstrong his associates and assigns are hereby privileged and authorize, and the right is hereby granted to them to erect on the Streets and Alleys of the said City, poles, lamps, wires of every kind that may be proper and necessary for the purpose of distributing and furnishing electric light power for public and private use.

They are further authorized and empowered to lay pipes and to construct conduits under all the Streets and Alleys & side walks of the said City for the purpose of conducting and distributing steam heat, gas, hot water and oil, and furnishing the same for public and private use.

Section 2. All poles, lamps, wires and apparatus placed in the Streets and Alleys, and all pipes and conduits placed thereunder, shall be placed in such position and location as may be designated by the City Council, or such officer as may be appointed by it for designating the location of the same, and the same shall be erected and maintained under the supervision of the City Engineer, of the City of Fort Worth.

Section 3. The right and privileges granted hereunder are given subject to the limitations and provisions of all ordinances heretofore enacted relating to the same, and the right is reserved by the City to enact ordinances in the future governing and regulating the same & the right to fix & regulate charges for service.

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Section 4. This franchise shall exist and be in force for a period of twenty-five years, subject to amendment or repeal as provided by Section 55,B of the amendment to the Charter of the City of Fort Worth.

Section 5. All poles, wires and other apparatus, and all pipes and conduits erected or laid under the provision of this ordinance shall be erected or laid in such manner as not to endanger or injure the property, health or comfort of the citizens of the City of Fort Worth.

All Streets and Alleys shall not be unnecessarily opened or obstructed by laying down or repairing the wires and Mains, and such Streets and Alleys shall be repaired as speedily as possible, and the same shall be left in as good condition in all respects as before the laying of such pipes and conduits or the erection of such poles.

The said Geo. W. Armstrong, associates and assigns shall be held responsible for all damage occasioned to persons or property by the negligent use of the authority herein granted.

In consideration of the privileges herein granted, the said Geo. W. Armstrong, associates and assigns agree that they will indemnify and hold harmless said City against any claim for damages. Costs and attorneys fees incurred by said City or paid out by it by reason of injury to person or property resulting or claimed as a result of the construction or maintainance of the said poles, wires, pipe lines, conduits and other apparatus.

The said Geo W. Armstrong and his associates and assigns hereby agree to execute a good and sufficient bond in the sum of $10,000.00, conditioned that they will pay such damages and expenses and will leave the Street and Alleys in as good condition as they

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were before erecting such poles, laying such pipes, wires, etc., as herein authorized.

Section 6. The City of Fort Worth reserves the right to put wires on the poles and in the conduits of the said Geo. W. Armstrong and associates, or requires others to use the same and pay a reasonable rental therefor, provided that the conduits are sufficient for use by other parties.

The City reserves the right to require all electric lines along the business Streets to be put under the ground at any time.

Section 7. Within thirty days after the adoption of this ordinance the said Geo. W. Armstrong, or his associates and assigns shall file with the City Secretary, of the City of Fort Worth, his written acceptance of the terms and provisions of this ordinance, otherwise the same shall be null and void. The same shall be void in case the said Geo. W. Armstrong and associates shall fail to commence work on said Light and Heating plant within sixty days from the adoption of this ordinance.

A failure to protect the City against any damage on account of the negligence of the said Geo. W. Armstrong his associates and assigns shall, at the election of the City, give it the right to cancel and annull the franchise hereby granted.