HomeMy WebLinkAboutOrdinance - 792-1946 - Granting Ft. Worth And Denver S.P. Railway Co Rights To Operate In City - 09/26/1946~~-~--~.?=~==~==================--.,========~--~===-==============~~~~
0.9-2l.P -).9 t.llP
<lmiHA~E 10. 792
\0-l0-\.9~
AN ORDINAl«)E GRANTING TO THE F •. W. & D. S. P. RI. co., ITS ASSIGNEES, sroCESSORS
AND LESSEES, THE RIGHT, POWER AND PRIVILEGE OF UX::ATING, BUILDI:OO, ERI!XlTING, CON•
STRWTING AND PROPERLY MAINTAINING, J. RAILROJ.D INDUSTRY TRAOT, AND TO OPDU.TI EH·
GINES, CARS AND TRAINS THIRION, UPON, AND A.CRQJS AVINUES D, E AND F, MORIII«l SIDE
ADDITION _ TO THE CITY OF LUBBOOJC, TEXAS, AS WELL.~ TS .ALLEY BETWDN 27TH AND 28TH
STREETS, REACHING FROM AVENUE G TO AND ACROSS AVENUE ·D, AND ALSO ACROSS THAT PART
OF 27TH STREET BETWEEN BLOOI'S SEVEN (7) AND EIGHT (8)., tJSI.JAMAN ADDITION, IN THE
CITY OF LUBBOOK, TEXAS. "
BE IT ORDAINED BI THE CITY COMMISSION OF THE CITI <lF LUBBOOK, 'liUSa
Sl!XlTIOB la That the Forth Worth & DellYer South PlaiDs RaUwq Comp8JV'i its
assignees, successors, aDd lessees, be hereb7 granted the right, power aDd priYUege
ot locating, buildi11g, erectlDg, constructing .m properl.T maintaining a railroad in·
dustr.y tract, with.tbe necessary turn-outs, switch stands and other necessar.y appli•
a.nees connected therriith, and to operate eJ:liiDes, ears aDd traiu thereon, upon,
aDd across J.yuues D, B aDd F, lorniug Side Addition to the Oit;y of Lubbock, Texas,
as well as the. alle;y between 27th aDd 28th Streets, reaching trom AYenue G to and
~~~~~ .Avenue D, and also across that part of 27th Street between Blocks SeYen (7)
~ht (8), l1sleaman .Addition, in the Cit,' of Lubbock, Texas.
SJX':TION 2& 'l'bat the .Fort Worth & Denver South Plains RaUwq OompalV', its
assignees, successors, and lessees, are hereby required aDd by' the aoceptanc;e ot
this ordinance agree that the;y will construct, maintain and operate said industrial
track and the switches, turn•outs and other necessar.r appliances incident thereto,
so as to conform to the grade no. existing or which llti!J:3' hereafter be established b,y
the Cit7 Engineer or the City or Lubbock ror said alley and crossings, and in such
manner as to interfere as little as possible with the use and enjoy-ment, !Dgress and
egress ot the abuttiDg premises bT the owners and other lawful occupants thereof,
will pay cost of paving space occupied by the said track, it said alley should be
paved, and will maintain and operate said track and other facilities, switches and
tum-outs incident thereto in accordance with the laws of the State er Texas and the
lawtul ordinances aDd resolutions ot the Cit7 ot Lubbock in such cases made and pro-
vided.
8mTIOlf )s It is hereb7 understood that the Cit7 ot Lubbock shall not be liable
to aJV' person for damages done or property taken on account of this grant, and that
the grantee hereof sbal.l reimburse the Cit7 or Lubbock and save it harmless from all
claims arisiDg on account or such erant.
J.ND IT IS SO £1UBRED.
'assed aDd approved first readi.Dg by unanimous Yote of the Ooaission this 26
dq ot Se~te~,Eer , 1946.
Passed and approved second reading b7 unaaimous Yote or the Commission this 10 ..
dq or Oct. , 1946.
@ldu~PAJ.
............ .....,
'•
• <> ..
STATE OF TEXAS l LUBBOCK PROPERTY OWNERS
TO
CITY OF LUBBOCK and F.W. & D.S.P. RY. CO.
PETITION TO CITY OF LUBBOCK
AND F.W. & D.S.P. RY. CO. TO GRANT
PERMIT FOR INDUSTRY TRACK
The undersigned are owners of property in Blocks Five
{5) and Six (6), Morning -Side Addition to the City of Lubbock, Texas,
which property is adjacent to the streets and alleys mentioned be-
low, and they hereby petition the City of Lubbock, Texas, to grant
to the Fort Worth & Denver South Plains Railway Company, its succes-
sors,assignees and lessees, the right, power and privilege of locat-
ing, building, erecting, constructing and properly maintaining a
railroad industry track, with the necessary tum-outs, switch stands
and other necessary appliances connected therewith, and to operate
engines, cars and trains thereon, upon, along and across Avenues D,
E. and F, Morning Side Addition to the town of Lubbock, Texas, as
well as the alley between 27th and 28th Streets, reaching from Ave-
nue G to and across Avenue D, and also across that part of 27th
Street between Blocks Seven (7) and Eight (8), Usleaman Addi tic;:n;
the City of Lubbock, Texas, and hereby request said Railroad Company,
its successors, assignees and lessees to accept and exercise the
aforesaid right, power and privilege if and when granted by the City
of Lubbock, Texas, provided that said Railroad Company construct,
maintain and operate said industry track and the switches, tum-outs
and other necessary appliances incident thereto so as to conform to
the grade of such alley and in such manner as to interfere as little
as possible with the use and enjoyment, egress and ingress, of the
abutting premises of the owners and other lawful occupants thereof,
and provided further that said Railroad Company pay the cost of pav-
ing ·space occupied by said track, if and when said alley is paved,
and also operate said track and other facilities, switches and turn-
outs incident thereto in accordance with the laws of the State of
Texas and the lawful ordinances and resolutions of the City of Lub-
bock in such cases made and provided. In consideration of the value
and benefits to be re.ceived from the construction., maintenance and op-
eration of said railroad industry track, and engines, cars and trains
thereon, the undersigned property owners hereby grant and convey to
the Fort Worth & Denver South Plains Railway Company, its successors,
assignees and lessees, the permanent easement and franchise to con-
struct, maintain and operate said railroad industry track or tracks,
with all the powers, privileges and easements mentioned above.
This day of August, 1946.
Name