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Home My WebLink AboutOrdinance - 804-1947 - Ft. Worth And Denver S.P. Railway Co. Rights For Use In City Limits - 02/13/1947[ . - --.. ' 02 -l~-t..S4-7 ORDINANCE NO. 804 0'2-2. +-\...94-=t- £ AN ORDINAN')E GRANTING TO THE F.· W. & D. S. P. RY. CO., ITS ASSIGNEES, SUOCESSOHS, • 0 AND LESSEESt THE RIGHT, POWER AND PRIVILEGE OF LOCATING, BUILDING, ERI!.DTING, CO~ STRUCTING AND PROPERLY MAINTAINING, TWO RAILROAD INDUSTRY TRACKS, .A1'D TO OPERATE ENGINES, OARS AND TRAINS THEREON, UPON, ALONG AND ACROSS THE NORTH AND SOUTH ALLEY BETWEEN' AVENUES E AND F IN BLOCKS 11, 12, AND 13, IN THE MERRILL ADDITION TO THE em OF LUBBOOK, TEXAS, FROM A POINT OF INTERSECTION WITH THE MAIN LINE IN BLOOK TWO, OF THE USLEAMAN ADDITION TO THE C·ITY OF LUBBOOK, TEXAS (SAID POINT OF INTERSECTION BEING THE POINT WHERE INDUSTRY TRACK IN THE EAST SIDE OF SAID BLOOKS 11, 12 AND 13 CONNF.X::TS WITH SAID MAIN LINE), M'D ACORSS ALL INTERVENING STREETS AND ALLEYS FROM SAID :POINT OF INTERSECTION TO THE NORTH ·'PROPERTY LINE OF SAID BLOJK .11 s ALSO TO REMOVE THE PRESENT INDUSTRY TRACK FROM SAID POINT OF INTERSECTION TO AND THROUGH THE EAST SIDE , OF SAID BLOOKS 11, 12 AND 13 OF THE l'l'lERRILL ADDITION. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS& S~TION 1: That the Fort Worth & Denver South Plains Railw~ Compan,y, its assignees, successors, and lessees, be hereby granted the right, power and privilege of locating, building, erecting, constructing and properly maintaining two railroad industry tracks with the necessar,y turn-outs, ·switch stands and other necessar,y appliances connected therewith, and to operate engines, cars and trai ns thereon, up- on, along and across the north and south alley between Avenues E and F in Blocks 11, 12 and 13, in the Merrill Addition to the City. of Lubbock, Texas, from a point of intersection with the main line in Block 2, of the Usleaman Addition to the City of Lubbock, Te~as (said point of intersection being the point where industry track in the east side of said Blocks 11, 12 and 13 connects with said main line), and across all intervening streets and alleys from said point of intersection to the north pro· perty line of said Block 11; also to remove the present industry track from said point of intersection to and through the east side of said Blocks 11, 12 and 13 of the Merrill Addition. SECTION 2s That the Fort Worth & Denver South Plains Railway Company, 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 tracks 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 enjo.yment, 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 tracks, if said alley should be paved, and will maintain and operate said tracks and other facilities, switches and turnouts incident 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 suoh grant. Passed and approved first reading this 13 Passed and approved second reading this "21 9 ony mailed to Mr. Guy Victory i o F't W & Uenver -Lubbock, Mar .3, 194 7. dey of February dqiiGJ , 1947. , 1947 • . - ., CBDIIUIIm 10. 804 --- AI <lmW.LCJ GB.AftlJG !0 !"BB r •. W. 6 D. a. P. Bt. CO., 118 ASSIUIIS, Sl.llCISSORS, I.ID ti$SDS, !81 IllGB!, P;JQB. AID PaiV.tLIGB or LCCA!'DO, arm,pu;o, BRS:!VG, COB• lftZf lfQ .ID l'ltOPStt lll!I!AlftlBQ1 tiO JlAltaO&D DJ)VIfBI !RACIS, dD TO OPSBAB IIG , ·CARS AID ftAlJS TBI'AIOJ, UPOI, ALOJO Afll) AClQS8 !!l 108!1 AID SOU!B .&U.II' IUIUN AVIItliS a dD r U BLOCIS 11, 12, dD U, II !8 BDILL .ADni!IOI !0 !Hi OM fJI La30CI, 'mlAS, i'aor.r l l'O.lft 01 IlffDSICfto* Wl!R f81 lAlli LIII II DLQ)I ftO, 01 M liH.SAtil All)l'riOI fO !118 ClH C11 Ltllm031 ftiAS (SAID E'Olft C. JfiT.IIt!jtC!lOB BII1Il fa PQ.tft WBDI liDtm'n! !BACI lB !HI JUST SDB 01 SAID BLmiS U, 12 m ll CODICD 1 1!1 JAm IIA.tl LIB) 1 AID AC<m$5 ALL .lftll\VBIIJG S!ID1'8 AHD &t.t..E!S 11.01 SAl» POD! C. In&Bsm-t%01 fO fBI&tll PaOPI&U LIB 01 WD 8tQ2 Ua ALSO TO EUOVB !SI Jlll:s&lr.t' lttDtl$'tR! ftAOlfROII SlD POitll' " ~lOB TO All) !Bl OOOB '1'BI US! SIJ:B fl SAID ~ U, l2 AID l3 fl fBI M!lmn.t. APDftiQtl. S It CIWAINtD Bt !D OM OOIIIGSIOI ~'tiS CM at Iifmooel, ftUSa SI'QIOD la 1'11&' \be fort flcn-th 6 Uermrr Sov.\11 naJ.Da liaJ.1.Irq O~qy 1 1t.a uet.araee•• •ucc•ucre, aal lu•••• be wat.v graaMcS tbe rJcb", JJO'r81" aDil prl'fll.ap ot locA•tac, ba1141GK 1 .-.at~ oonavu.otlag ud _propv~ Mtllt.alAiDI two raUrCIMI ID4ua\r7 traolt• wltb tb8 aeoee•U7 -~. •ltoll at.eDU aDd o~ •o•••lii'J' a,wU.•••• OOIID8CW thvwi~, cmd w operate uciDM, oar• aDd t.ralu tl2eeGA, up• •• alo• &Dd aaron tW IIDI':'b aDd a<Mlt.h .Uq beW.U AveDUU I aad r 1D Blooke U, 12 ad U, 1D tbe ... rUl .tdcl1Uoa to the Cit7 ot LubboU, tau, t.-ca a po,_ ot 1A_.aeot.loa •ltb tbe .-1D lJM 1D Block 2, ot the CJaleMazt MdtU<m to the Cl\7 ot l.abboot, faa (ea1d polDt ot iateneoUon bo1aa ta. pos.at, .tl-. .f.Ddua\17 traok 1D t.bl eut. aide 4t add Bloob U, 12 aftd 23 aozmeo'-wlt.G nJ.d aa1D lJM), aDd eoro.e aU .IAt.enaDlau etreek aDd aU~• hoat A14 po1Dt. ot h\ereeotla t.o tbe DOI'tl:& pro- ~zv 11M ot add 8loot UJ at.o to r.-we u. pr••t WuttrT t.raok tr• ..w poiD't ot illtveeoU.C. to all4 \lai'Oulb the eaat aide ot Hid Bloab U, U ad lJ ot t.be lerrUl .&ddit.loD. saanoa 21 !bat. the FOJ"t. btb a Deater~ PJ.du BaU-. C•peqr, 1te uaJ.&De•, aliiJQeaon, 8l'ld lee ... a, are hu'eto' nqalred aDd l\1 tbe acoept,aaoe ot th1a Ol'd.1aaaae agee tbat. ttt.7 dU otmn.run, MID\a.la aGI! operate Mld 1Ddust.rlal tracke aDd \be •1\ohu, t.aniCIIl~ aDd ot.her D80118A1'7 awll•noe• 1Da1-t. tlleftto, ao •• to oontora w the £S"od• ot 8&14 au., ad. 1D auoh •nner u to 1Dterl'.,.. •• lltU. u poaelbla wl\b \be •• and ~or.-, iJlp'eaa aDd ea:re•• ot tbe cbut.Uai p:r..S...• bJ' ibe ownw• 8QCl o\bG-lutlll CJOoupante \hereot, wUl pq aoa~ ot pavl.ni apace oeouplect tv' the ..U tl"aoka, 1t add .Ue,. alaoul4 be paftCl, eat w1U malntd.n aD4 opua\11 add i.raote Hit o\ber taoUJ.tlee, nltob.ee aDd turnout. 1Dct14ellt. \b ... te 1D MOGrdaDM with t.be l&n ('It Wie State ot Tau and the lutu1 ~-•• aDd. reaoluUou of. t.1ae C1Q' ot l;abboQ 1D .0 ouea Jla4e aDd pzwS.ded. SICflUJ )I I. 1a harelV ..S.a~ \hat t.be CiQ' ot Wb~ook aba1l DOt be liable to_, puaoa te c~Uaa•• daM ar propory ~em aocCIIIUit ot tJ1b erent, aat tba\ tt. crantee hereof ~ball "J.abvee the ctt.r ot LubbOCk aDd aav• it bual•• tHa .n ola',. arlalDa OD toaoat. ot auob arm. '• ORDINAN.CE NO. p4r 1,,r ~~~· Jt1' s ~(I, AN ORDINANCE GRANTING TO THE F. W. & D. s. P. RY. CO., ITS ASSIGNEES, SUCCESSORS, AND LESSEES, THE RIGHT, POWER AND PRIVILEGE OF LOCATING, BUILDJN G, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING, TVv'O RAILROAD INDUSTRY TRACKS 1 AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON, ALONG AND ACROSS THE NORTH D SOUTH ALLEY BETWEEN AVENUES R AND ff IN BLOCKS 11, 12, and 13, T MERRILL ADDITION TO THE TOVffi OF LUBBOCK, TEXAS, FROM A POINT OF IN CTION WITH THE MAIN LINE IN BLOCK TWO, OF THE USLEAMAN ADDITION TO THE OWN OF LUBBOCK, TEXAS (SAID POINT OF INTERSECTION BEIN G THE POlliT _ INDUSTRY TRACK IN THE EAST SIDE OF SAID BLOCKS 11, 12, and 13 CO EC WITPI SAID MAIN LINE), AND ACROSS ALL INTERVENING STREETS AND ALLEY FROM ID POINT OF INTERSECTION TO THE NORTH PROPERTY LINE OF SAID LOCK 11: . ALSO TO REMOVE THE PRESENT INDUSTRY TRACK FROM SAID POINT OF INTERSECTION TO AND THROUGH THE EAST SIDE OF SAID BLOCKS 11, 12, and 13 OF THE MERRILL ADDITION. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: Section 1: That the Fort Worth & Denver South Plains Railway Company, its assignees, successors, and lessees, be hereby granted the right, power and privilege of locating, building, erecting, constructing and properly main- taining two railroad industry tracks with the necessary turn-ou~, switch stands and other necessary appliances connected therewith, and to operate engines, cars and trains thereon, ~on, along and~ross the north and south alley between Avenues f and ,, in Blocks 11, 12 and 13, in the Merrill Addition to the Town of Lubbock, T xas, from a point of intersection with the main line in Block 2, of the sleaman Addition to the Town of Lubbock, Texas (said point o teraection being the point where industry track 1n the east side of said cks 11, 2 and 13 connects with said main line), and across all intervenin stree s and alleys from said point of inter- section to the north proper 1 e of said B ck 11; also to remove the present industry track from sa point of int rsection to and through the east side of said Blocks 11, 1 d 13 of the errill Addition. Section 2: That the Fort Wor & Denver South lains ailway Company, its assignees, succesa.ors, and le sees 1 are hereby quir d and by the accept- ance of this ordinance agree hat they will cons c 1 maintain and operate said industrial tracks and t e switches, turnouts an other necessary appliances incident thereto, so as to conform to t e grade of said alley, and in such manner as to in erfere as little as p ib1e with the use and enjoyment, ingress and egre a of the abutting premi by the owners and other lawful occupants the eof, will pay cost of p vi ,space occupied by the said tracks, if said al ey should be paved, an wi maintain and operate said tracks and other facilities, switches and rnouts incident thereto in accordance with the laws of the State f Texas and the lawftu ordinances and resolutions of the City of Lubbock/ in ~uch ases made and provided. j 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 grant. Passed and approved first reading this _______ day of January, 1947. Passed and approved second reading this daY of Januar.v. 1947.