HomeMy WebLinkAboutOrdinance - 741-1946 - Granting Ft. Worth And Denver S.P. Railway Co Right And Privledges Maintaining - 01/10/1946~0
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ORDINANCE NO. ? 41
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AN OR.DINA:OOE GRANTI.OO TO THE F.W. & D.S.P. RY. CO., ITS ASSIGN!llES, SOO-
CESSORS, AND LESSEES, THE RIGHT, POWER AND PRIVILEGE OF LOOATINl, BUILDING,
ERECTIN::l, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD INDUSTRY TRACK,
AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, ALONG AND ACROOS
THE EAST AND WEST ALLEY EITENDING FROM AVENUE E TO AVENUE G, ALONG THE NORTH
SIDE OF BLOOKS 1 AND~' MORNI~SIDE ADDITION TO THE TOWN OF LUBBOOK, LUB-
BOOK COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF Ll.IBB .OOK, TEXAS&
Section 1: That the F.W. & D.S.P. Ry. Co., its assignees, successors,
and lessees, be hereby granted the right, power and privilege of locating,
builqing, erecting, constructing and properly maintaining a railroad in-
dustry track, with the necessary turnouts, switch stands and other necessary
appliaaces connected therewith, and to operate engines, cars and trains
thereon, upon, along and across .the East and West alley, extending from
Avenue E to ~venue G, along the North side of Blocks 1 and 2, Morningside
Addition to the Town of Lubbock, ·.Lubbocl~ County, Texas.
Section 2: That the F.W. & D.S.P. Ry. Co., its assignees, successors,
and lessees, are hereby required and by the acceptance of this ordinance
agree that they will construct, maintain and operate said industrial track
and the switches, turnouts and other necessary appliaacees incident thereto,
so as to conform to the grade of said alley, and in such manner as to inter-
fere as little as possible with the use and e~oyment, ingress and egress of
the abutting premises by the owners and other lawful occupants thereof, will
p~ the 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 ihcident thereto in accordance with the laws of the
State of Texas and the lawful ordinances and resolutions of the City of
Lubbock in such cases made and provided.
Section 3: It is hereby understood that the City of Lubbock shall not
be liable to any person for damages done or property taken on account of
this grant, and that the grantee hereof shall reimburse the City of Lubbock
and save it harmless from all claims arising on account of such grantt AND
IT IS SO ~DERED.
Passed and approved. first reading this .J..Q_ day of J an . 2 , 1946.
Passed and approved second reading this _.2i.. day of -~ii..~;.~fl.un .. ,.,.., ___ ,, 1946.
Attest: