Pages
21
Fort Worth, Tex. March 3rd, 1908.
To the Board of Commissioners, City,
Gentlemen:-
I call attention to the fact that part of the Fort Worth and Crowley Road as the same has long been laid out, established, graded and gravelled beginning at a point where the extension of Lipscomb Street south from the south line of the Eighth Ward comes near to the right of way of the Gulf, Colorado & Sante Fe Railway Company and extending along the west line of said right of way for some 400 feet has been closed up and is now within the enclosure of one Mr. Brooks. There is no other street laid out, graded or graveled or fixed for travel to supply the place of this street so enclosed. It is my judgment that this enclosure has been illegally made and in making the same the public's rights have been ignored and that upon proper petition the District Court would grant a mendatory injunction requiring the street to be opened. It is true that upon a report of Mr. Davidson on a petition filed Dec. 16th, which report was made on the same day there was an order entered upon the minutes,a copy of which is hereto attached.
From what I understand the intention of Mr. Davidson was that the parties should not close the present street until they had made a good crossing on the Sante Fe on the line of the extension of Lipscomb Street and also removed the gravel from where the road bed now is to the new street or at least made the new street as good as the old one is. Instead of that it seems that they have closed up the old and done nothing to the new. I suggest that the City owes it to the public to take such steps as may be necessary to immediately open the old street and keep it so at least until interested parties make a new proper and sufficient crossing at the other place suggested by the petition. It occurs to me that a legal proceeding should be at once instituted for the rights of the public are suffering. There are some features of
22
-2-
this proceeding that need more than the passing notice. It seems the parties platting the ground both south and north of the Sante Fe crossing and laying the same out into Lots did so with absolute disregard of the fact that a public road-well improved-existed. The petition filed speaks of the road not running even with the plat as if the play had some prior existence to the construction of the road when the truth is the plat was made over the road as if the public had no rights in the premises.
Yours truly,
W.D. Harris Mayor.
23
W. D. HARRIS, MAYOR.
J. J. NUNNALLY, AUDITOR.
W. J. ESTES, SEC'Y.
City of Fort Worth
COMMISSIONERS GEO. MULKEY, Police & Fire. G. H. COLVIN, Finance. SAM DAVIDSON, Street & Pub. Bldgs. LEE STEPHENS, Water Works.
SIDNEY L. SAMUELS, City Attorney. W. J. GILVIN, Assessor & Col. T. H. HUBBARD, Sec'y Water Works E. C. WOODWARD, City Engineer.
Fort Worth, Texas,
Monday December 16th, 1907.
On motion of Commissioner Davidson the prayer of petitioners asking that proper crossing be constructed by G. C. & S. F. Ry Co., where said road crosses Lipscomb Street was granted, and City Secretary was instructed to notify said railroad that they will be required to make proper crossing on lines and grade to be given by the City Engineer.
25
To the Honorable Mayor & Board of Commissioners of the City of Fort Worth.
We the undersigned residents and tax payers of the city respectfully represent that a public crossing over the tracks of the Gulf, Colorado & Sante Fe R. R. extending between Lipscomb St. and College Ave. in the 10th Ward, has been closed; that the said crossing and the street leading thereto have been in use for many years; that the same was a good gravel street and is the property of city, and that one Brooks has fenced in said street and placed obstructions thereon, and has plowed up the gravel therein, claiming to have authority for such action from the Board of City Commissioners.
And, we further represent that attached petition has heretofore been presented to the Board of Commissioners asking that said street be closed, and that the signatures to said former petition of some of the undersigned were obtained through fraud and misrepresentation; therefore we ask the Board of Commissioners to reconsider their action, if such an order closing said street has been passed, and that the proper officer be instructed to at once cause said fence and all other obstructions removed from said street and crossing,and that said street be placed in as good condition as it formerly was in.
-- | -- |
---|---|
W.H. Murphy | 2315 Hemphill St |
E J Hosez | 2317 Lipscomb |
DL hare | 2210 Hemphill St |
RW McDonald | 2508 Hemphill |
RE Corbin | 3000 Barberge & Bowie |
W.C. Payne | 2733 Travis Ave |
Wiley M Fair | 2808 Travis |
AH Johnson | 2320 Limpscomb |
WB Wiley | 2530 Lipscomb |
Phil Gauther | 2525 College Ave |
JB Schele | College Ave |
CA Howard | Burbridge St |
E Barnes | Burbridge St |
OH Warren | 234 Limpscomb st |
JW Winte | 2326 " |
WR Wells | 2609 College Ave |