ENPages
97
The Honorable,the Mayor, the City Secretary,and the City Council, of the City of Fort Worth;
Gentlemen:-
In behalf of WIlliam Lahey,I give notice of his claim against the CIty of Fort Worth for damages occasioned by the building of a dam across the Clear Fork of the Trinity River and the raising of the water in the bed of said river so as to overflow and submerge the gravel pit of the said Lahey,on part of the following described land,to wit:- Beginning at a stake on the west side of a street known as the Weatherford Road,at the southeast corner of said tract. Thence,west,930 feet,to the center of the bed of the said Clear Fork. Thence,down said river,with its meandors,N.47 1/2 E.and N.88 E.,714 feet,to a stake in the center of said river. Thence,east,398 feet,to a stake. Thence,south,322 feet,to the place of beginning.
Said dam was constructed in the latter part of the year 1899,at a point belowrear, the lower boundary of said tract of land,and has been maintained by said city continuously since its construction,raising the water in the stream of said river to such a height that it has been and is impossible for said Lahey to have access to his said gravel bed,or to use any material therefrom.
The gravel bed in question was one of the best beds of river gravel in the vicinity of Fort Worth. Its product would be readily saleable, if access could be had to it,at from $200.00 to $400.00 per year,and the bed itself was reasonably worth from $2.000.00 to $3.000.00,but its value is entirely destroyed so long as said dam is maintained at its present level.
Mr.Lahey asks compensation for the damages he has already sustained, as well as for such as he will sustain in the future,and,in order that the justice of this claim may be inqu ired into and an amicable settle-
98
ment of the matter arrived at,he asks that this notice of claim be referred to the proper committee,and that a time be fixed for hearing the claim and that he have opportunity to present evidence in support thereof,and that he be allowed and paid his just damages occasioned by reason of the erection and maintenance of said dam and the flooding of said bed of gravel.
William D. Williams Attorney for William Lahey.
100
Ft Worth Tex July 15 1904
We your committee on Finance recommend That the Mayor and City Secy be authorized to execute the citys note of $18360. dates Aug 1st 1904 amount of interest due Aug 1. on Water Works Mtg Bonds in favor of Chas. S. Fairchild Chm to bear interest at 6% percent per annum and to become due six months after Aug 1st.
W.G. Newby J.F. Henderson Q.T. Moreland