HomeMy WebLinkAboutOrdinance - 834-1947 - Granting S Plains And Santa Fe Railway Railroad Rights And Privileges - 10/23/1947I
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ORDINANCE NO. 834
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AN ORDINANCE GRANTING TO THE SOUTH PLAINS AND SANTA FE RAILWAY COMPANY, A CORPORA
TION, AND ITS LESSEE, THE PANHANDLE AND SANTA FE RAILWAY COMPANY, A CORPORATION, AND
THEIR SUCCESSORS AND ASSIGNS, HERE CALLED RAILROADS, THE RIGHT ,POWER AND PRIVILEGE
OF LOCATING, BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD
INDUSTRY TRACK ACROSS, AND TO INTERSECT, THE ALLEY RUNNING NORTH AND SOUTH THROUGH
BLOCK 10, MERRILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT A
POINT APPROXIMATELY TWO•HUNDRED FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID B:WCK
TEN, AFORESAID, AND, OF LOCATING BUILDING, ERECTING, CONSTRUCTli!NG AND PROPERLY MAIN•
TAINIHG A RAILROAD INDUSTRY TRACK ACROSS, AND TO INTERSECT AVENUE E, ENTERING SAID
AVENUE E ON THE WEST OF SAID AVENUE, AT A POINT APPROXIMATEial ONE-HUNDRED NINETY·
THREE FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID BWCK 10, AFORESAID, AND CONTINU
ING ACROSS SAID AVENUE E IN A NORTHEASTERLY DIRECTION; TO OPERATE ENGINES, CARS AND
TRAINS THEREON·, AND OVER SAID TRACK; AND, LOCATING, BUILDING, ERECTING, CONSTRUCTING
AND PROPERLY MAINTAINING A RAILROAD INDUSTRY TURNOUT TRACK ACROSS AND TO INTERSECT
AVENUE E, AFORESAID, THIS INDUSTRY TURNOUT TRACK TO TIE INTO AND TO CONNECT liTH THE
ABOVE DESCRIBED TRACK THAT CROSSES AVENUE E, AND TO EXTEND ACROSS AVENUE E IN AN
EASTWARD DIRECTION ACROSS AVENUE E, AND SERVING THE LUTHER WAREHOUSE AND STORAGE
COMPANY, AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, AND OVER SAID TRACKJ flE·
QUIRING BAID RAILROADS, THEIR SUCCESSORS AND ASSIGNS BY ACCEPTANCE HEREOF, TO CON•
STRUCT, MAINTAIN AND OPERATE SAID TRACKS AFORESAID, TOGETHER WITH NECESSARY APPLI•
ANCES INCIDENT THERETO, SO . AS TO CONFORM TO GRADE OF SAID ALLEY AND AVENUE TO BE
ESTABLISHED BY THE CITY ENGINEER, AND IN SUCH MANNER AS TO INTERFERE AS LITTLE AS
POSSIBLE WITH USE AND ENJOYMENT, INGRESS AND EGRESS OF ABUTTING PREMISES BY OWNERS
AND OTHER LlWFUL OCCUPANTS THEREOF, AND TO PAY COSTS OF PAVING SPACE OCCuPIED BY THE
SAID TRACKS, IF SAID ALLEY OR AVENUE SHOULD BE PAVED, AND WILL OPERATE SAID TRACKS
AND OTHER FACILITIES IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ORDIN•
A.NCES AND RESOLUTIONS OF THE CITY OF LUBBOCK IN SUCH CASES MADE AND PROVIDED; PRO·
VIDING 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 REIM-
BURSE THE CITY OF LUBBOCK AND SAVE IT HARMLESS FROM ALL CLAIMS ARISING ON ACCOUNT OF
SUCH GRANT.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXASl
SECTION 14a) That the South Plains and Santa Fe Railway Company, a~ipol's.tion
and its Lessee, the Panhandle and Santa Fe Railway Compaey-, a corporation, and their
successors am assigns, here called Railroads BE, and are hereby granted the right,
power and privilege o£ locating, building, erecting, constructing and properly main ..
taining a railroad industry track across and to intersect the alley running North
and South through Block 10, Merrills Addition to the City of Lubbock, Lubbock County,
Texas, at a point approximately 200 feet South of the North property line of said
Block 10 aforesaid, and at locating, building,erecting, constructing and properly
maintaining a railroad industry track across and to intersect Avenue E, entering
said Avenue E on the West of said Avenue, at a point approximately 193 feet South
of the North property line of said Block 10, aforesaid, and continuing across said
Avenue E in a Northeasterly direction, and to operate engines, cars and trains there
on and over said track aforesaid.
(b) Also, the said South Plains and San~ Fe Railway Company, a corporation
and its Lessee, the Panhandle and Santa Fe Railway Company, a corporation, and their
successors and assigns, here called Railroads, BE, and are hereby granted the right,
power and privilege ot locating, building, erecting, constructing and properly main ...
taining a railroad industry turnout track across Avenue E aforesaid, this said turn-
,track
outjto tie into and connect with the above described track that crosses Avenue E
and to extend across said Avenue E. in an Eastward direction across said Avenue E,
serving the Luther Warehouse and Storage Compa.ny, and to operate engines, cars and
trains thereon and over said turnout track.
SECTION 21 That the South Plains and Santa Fe Railway Company, a corporation and
its Lessee, the Panhandle and Santa Fe Railway CompalG", a corporation, and their
successors and assigns, are hereby required and b,y the acceptance of this Ordinance
agree that they will construct, maintain and operate said industrial track, turnout
traok and other necessary appliances incident thereto, so as to conform to the grade
for said alley and avenue to be established by the City Engineer, 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
the cost of paving space occupied by the said track and turnout track, if said alley
and avenue should be paved, and will maintain and operate said track and turnout
track and other facilities incident thereto in accordance with the laws of the State
ot Texas and the lawful ordinances and resolutions of' the City of Lubbock in such
cases made and provided.
SECTION Jt 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.
AND IT IS SO ORDERED.
Passed and approved first reading this • 2Jrd day of October
Passed and approved second reading this 14th day of November
Mayor
ATTEST:
(Crossin
, 1947
' 1947
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'"-Panhandle and Santa Fe Railway Company
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Buperloten<leot
OFFICE OF DIVISION SUPERINTENDENT
Slatcm DlvYiaa
Mr. Homer Hunter,
City Manager,
Lubbock, Texas.
Dear Sirz-
Slaton, Texas,
October 21, 1947,
File -1852007.
In 1941, we constructed a spur track to serve Planters
Warehouse located in Block 10, Merrills Addition, Lubbo<-k, Te:ms.
This track crossed Avenue nEtt about the center and on across the
north and south alley in Block 10.
The track across Avenue 11 E" was completed in July 1941,
and was extended on across Block 10 and across the alley in March
1946.
We now have authority to construct a spur track to serve
Luther Warehouse and Storage Compal\Y and in order to serve this
Industry, it is neoesae.ry to install turnout of this track across
Avenue "E".
We request that the City J*SS an Ordil'lance granting us
permission to cross Avenue "E" with track or tracks and to cross
alley in Block 10 with track.
We were of the opinion an Ordinance was passed in 1941
but failed to find any record of same either in the City files or
our files. ...
~ Am attaching print showing the present track across Avenue
"A" and this track is No. 89. Also, have shown the location of the
proposed spur which will serve the Luther Transfer and Storage Compa~.
Yours ver,y trul..y,
#~7~
Superintendent
SANTA FE-DEDICATED TO SERVICE