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Home My WebLink AboutOrdinance - 700-1944 - Granting Ft. Worth And Denver Railway Co Locating Building Railroad Tracks. - 10/09/1944... " ---·· /0-09 .. 1.944 ORDm.ANCE NO. 700 10-Zl.P-f.944 AN ORDINANCE GRANTING TO THE F. W. & D. S. F. RY. C 0. , ITS ASSIGNEES AND LESSEES, THE RIGHT, POWER AND PRIVILEGE OF LOCATING, ElTILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING, A RAILROAD INDUSTRY TRACK, AND TO OPERATE ENGINES , C.ARS AND TRAINS THEREON, UPON, ALONG AND ACROSS THE NORTH AND SOUTH ALLEY BETWEEN AVENUE H AND TEXAS AVENUE FROM AND ACROSS 26TH STREET AND 25TH STREET TO THE NORrH BOUNDARY LINE OF THE GARlAND ADDITION IF LUBBOCK, TEXAS • BE IT ORDAINED BY THE CITY COUMISSION OF THE CITY OF WBBOCK, TEXAS: Section 1;: That the F.W. & D.S.P. Ry. ~o., its assignees and ~ssees, be hereby granted the right, power and privilege of locating, building, erecting, constructing and properly maintaining a railroad industry track, with the necessary turnouts, switch stands and other necessary appliances conne cted therewith, and to operate engines, oars and trains thereon, upon, along and across the North and South alley between Avenue H and Texas Avenue from and~ro$s 26th Street and 25th Street to the North boundary line of the Garland Addition or Lubbock, Texas. Section 2: That the F.W. & D.S.P. Ry. uo., its assignees and lessees, are hereby required and by the aooeptance of this ordinance agree that they will oonstruot, maintain and operate said industrial track and the switches, turnouts and other necessary appliances incident thereto, so as to conform to the grade of said alley, and in such manner as to interfere as little as possible with the use and enjoyment, ingress and egress of the abutting premises by the owners and other lawful occupants thereof, will pay cost of paving space occupied by the said track, if said alley should be paved, and will maintain and operate said track and other facilities, switches and turnouts incident thereto in accordance with th~ laws of the S tate of Texas and the laWful ordinances and resolutions of the v1ty or Lubbock in such cases made and provided. Section 3; It is hereby understood tat the City of Lubbock Shall not I be liable to any person for damages done or property taken on account ~ of this grant, and that the grantee hereof shall reimburse the Gity of -~ Lubbock and save it harmless from all claims arising on account of such / grant. Passed and approved first reading this 9th day ot uctober , 194r_L. Passed and approved second reading this 26th day of October t 194:4 • - 0 0 ,.-"'to l>URWOOD H. BIUI>Ll!:Y WA~TER D.WII.90N ... BRADLEY & WILSON ATTORNEYS AT LAW 2015•6 OONLE:Y BUILDING LUBBOCK, TEXAS PHON£1122 September 25, 1944 Mr. Marlin Smith City Manager Lubbock Texas Dear Marlin: I hand you herewith letter and proposed Ordinance sent to me by Mr. E. L. Klett. Please place this on tbe calendar for the next City Commission meeting. DHB:McR cc Mr. E. L. Klett Lubbock Yours very truly, ~~~ Durwood H. Bradley V () E . L. KLETT LAWYER CITIZEN S NATIONAL BAN K BLDG. LUBBOCK. TEXAS . - Ordinance Granting Denver Railroad Right to Build Industry Track Mr. Durwood Bradley City Attorney Lubbock, Texas Dear Mr. Bradley: September 19, 1944 The Denver Railroad has been requested to build an indus- try track, as indicated in the enclosed form of ordinance, which I take pleasure in submitting to you for your pre- liminary examination and approval. If you approve, I wish you would submit it to the City Commission for passage. I understand that some of the Railroad Officials will more fully acquaint the City Officials with the situation. For your information, this ordinance is drawn substantially in the same language as ordinances previously passed. I call to your special attention that the last paragraph • of the ordinance makes the Railroad liable for all dama@es done or property taken on account of the grant of the franchise. Your attention will be appreciated. ELK: OR En c. cc. Hon. o. w. Ribble, Mayor Ron. w. B. Price Hon. Fred Child~ess Hon. Hub Jones Han. J. Raf Dickey City Comm~ssioners E. L. KLETT LAWYER CITIZIENS NATIONAL BANK BLDG. LUBBOCK. TEXAS '· '-' . 'tt FORT WbRTH AND DENVER CITY RAILWAY COMPANY TH~ .WICHITA VALLEY RAILWAY COMPANY Q ••• NOTTINGHAM, \.ANI> a TAX COMMI.SION!i:lt. Kr. B. c. lv,k&Ddall, GeDe:ral Agent Lubbock. !ea.a Dear Kr. l•emall s 1'1le 'lo. 145 fi'ORT WORTH, TEXAS October 6, 19M, In oonneotion with your l1l:le wire tegar41Dg meetiDg ot the City eo-d.lliOD, 2 P. •·• October 9th· It la lmpoaalble tor ae to obtain alpatur• am releuea ot interested property OWDeN la a4- '9'8.Me ot the Ol'd1l:la:Doe per:at1 ttblg u j;o ocnwtruct the 'track. fb11 tor the reuon that proper'tJ' Olilii&J'8 are DOt apoeeable to 4etioat1Dg the required additiOD&l property to the cs.q. alee• aDd uutil t!MI¥ are aure that the traolc la gol:ag to be oOMbr'lete4. .A8 to 'the utllltlee to be...-.~. tbat Mttezo is bebg budla4 'by our Engineering De~. &D4 it.,. aderatemding the entire expeue ot the~ of the util• l't;f Unea 11 to be at our expenae. I eugMt that JOU ocmtaot Jadp nett aDd ~· tor ld.a to atteud the maft!Dg ot 'the City eo-leeion and expl.d.D to thaD the tOl'IL ot 4-u.oatl!.on wbioh the property omere haTe all agreed to alp ~t u IOOD u the oJ..S:JnePOe l1 puled &Dd JOU can al.eo 1q to the c~slon that the utilitf ~ wiU be taken oare ot without urr ~· to the-C1't7 • aDd in th«t W81' ••• it the City is DOt agroe•ble to &e>il2g ahead with the ord1DaDC~e. After JOU haTe talked 1;o Judge n.tt, U ln ld.e and JG1II" opiDicm, I oan be ot 8.Df aaalstano•• then phoue me lag 41atanoe at 11q home 5-5436 8tmdq mDl'D5.Jig aDd I will be glad ·to atteud the •eting on October 9th• I do not, howet'er• thlDk it 1• poeaible tor ua to obhain eitpatu:rea decU.oatilag the prop.rtr to the City until euoh time u the 'ft1'10111 onere have the u1uranoe that the City 1d.ll pend.t oOMtruotion ot the 'traok aDd use of the allq.