HomeMy WebLinkAboutOrdinance - 850-1948 - Amending Ordinance 834 - 01/22/1948t~--r=~~~~~-r~c~~~~~~==~==~O~l-~2~2~-~~=-~~
~ ~ \0 ORDINANCE NOo _S_50 __ _
, 02 ~ H.o -1..9 '-19! .. AN ORDINANCE AMENDil«Z ORDINANCE NO. 834, DOliN AS AN ORDINANCE GRINTIN:l TO THE
SOUTH PLAINS AND SANTA 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, THE RIGHT, POWER AND PRIVILIDE OF WCATING, BUILDING _
,_. ERECTING, CONSTRUCTING AND PROPERLY MAINTAININJ A RAILROAD INDUSTRY TRACK ACROSS,
AND TO INTERSECT, THE ALLEY RUNNING NORTH AND SOUTH THROUGH BLOCK 10, MERRILLS ADD!
TION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT A POINT APPROXIMATELY TWO-
HUNDRED FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID BLOCK TEN, AFORESAID, AND, OF
LOCATING BUILDIH:I, ERECTIR:i, CONSTRUCT! liZ AND PROPERLY .MAINTAINING A RAILROAD IN-
DUSTRY TRACK ACROSS, AND TO INTERSECT AVE.MJE E, ENTERING SAID AVENUE E ON THE WEST
OF SAID AVENUE, AT A .POINT APPROXIMATELY O:NE ... HUNDRED NINETY""'l'HREE FE,iET SOUTH OF THE
NORTH PROPERTY LINE OF SAID BLOCK 10, AFORESAID, AND CONTINUING ACROSS SAID AVENUE
E IN A NORTHEASmLY DIRECTION; TO OPERATE ENGINES, CARS AND TRAINS THEREON, AND 0
SAID TRACK; AND, LOCATING, BUILDING, ERECTING, CONSTRUCTING AND PR(l>PERLY MAINTAINOO
A RAILROAD INDUSTRY TURNOUT TRACK ACROSS AND TO INTERSECT AVENUE E, AFORESAID, THIS
INDUSTRY TURNOUT TRACK TO TIE INTO AND TO CONNECT WITH 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 OPEHATE
ENGINES, CARS AND TRAINS THEREON, AND OVER SAID TRACK; REQUIRIN:t SAID RAILROADS,
THEIR SUCCESSORS AND ASSIGNS BY ACCEPTANCE HEREOF, TO CONSTRUCT, MAINTAIN AND OPERA
SAID TRACKS AFORESAID, TOOETHER WITH NECESSARY APPLIANCES INCIDENT THERETO, SO AS
TO CONFORM TO GRADE OF SAID ALLEY AND A VENUE TO BE ESTABLISHED BY THE CITY ENGINEER,
AND IN SUCH MANNER AS TO INTERFERE AS LITTLE AS POSSIBLE WITH USE AND ENJOYMENT,
ING'RESS AND IDRESS OF ABUTTIJ.IG PREMISES BY OWNERS AND OTHER LAWFUL OCCUPANTS THERE-
OF, 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 ACCOR-
DANCE WITH THE LAWS OF ' THE STATE OF TEXAS, AND ORDINANCES AND RESOLUTIONS OF THE
CITY OF LUBBOCK IN SUCH CASES MADE AND PROVIDED; PROVIDING THAT THE ~ ·~K
SHALL NOT BE LIABLE TO ANY PERSON FOR DAMAGES DONE OR PROPERTY TAKEN ON ACCOUNT OF
THIS G'RA.NT AND THAT THE GRANTEE HEREOF SHALL REIMBURSE THE CITLQli· LUBBOCK AND SAVE
IT HARMLESS FROM ALL CLAIMS ARISING ON ACCOUNT OF SUCH GRANTJ SO AS TO SUBSTITUTE
GRANTEE 1S NAME THEREIN FROM THE SOUTH PLAINS AND SANTA FE RAILWAY COMPANY, A CORPORA
TION, AND ITS LESSEE, THE PANHANDLE AND SANTA FE RAILWAY COMPANY, A CORPORATION TO
"THE PECOS AND NORTH TEXAS RAILWAY COMPANY", A CORPORATION, ITS SUCCESSORS AND
ASSIGNS.
WHEREAS, the grantees in Ordinance No. 834, was, through error, written in said
ordinance to be The South Plains and Santa Fe Railway Company, a corporation and
its lessee, The Panhandle and Santa Fe Railway Company, a corporation, when same
should have been aDd was intended to be a grant of such privileges to !he Pecos and
North Texas Railway Compaey, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS&
THAT, said Ordinance No. 8341 BE, and is hereby amended to read as follows:
The
SECTION 1. (a) That the./Pecos and North Texas Railway Companr, a corporation,
its successors and assigns, here called Railroad, BE, and are hereby granted the
. right, power and privilege of locating, building, erecting, constructing and pro-
perly maintainiDg a railroad industry track across aoo to intersect the alley run-
" ning Nortl;wand South through Block 10, Merrills Addition to the CitT of Lubbock,
Lubbock County, Texas, at a point approximately 200 teet South of the North proper~
line of said Block 10 aforesaid, and of locating, building, erecting, constructing
and properly maintaining a railroad industry track across and to intersect Avenue E, 1
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 in a Northeasterly direction, and to operate engines, cars and trains
i .{
• thereon and over said track aforesaid.
The
(b) Also, the saiq/Pecos and North Texas Railway CompanJ, a corporation, ita
·. successors and assigns, here called Railroad, BE, and are hereby gran'ted the right,
power and privilege of locating~ bui~ding, erecting, constructing and properly main-
taining a railroad industry turnout track across Avenue E aforesaid, this said turn-
out to 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,
se~ing the Luther Warehouse and Storage Company, and to operate engines, cars and
trains thereon and over said turnout track.
The
SECTION ;a. That the/Pecos and North Texas Railway Compan;y, a corporation, its
successors and assigns, are hereby required and by the acceptance of this Ordinance
agree that they will construct, maintain and operate said industrial track, turnout
track and other necessary appliances incident thereto, so as to conform to the grade
for said alley and avenue to be established b,y the City Engineer, and in such manner
as to interfere as little as possible with the use and enjoyment, inaress and egress
ot the abutting premiees by the owners and other lawful occupants thereof, will~ j
the cost of paving space occupied b,y 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
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 anJ 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 by unanimous vote of the City Commission this 22
1:----...w.ii.....W"'"""""".J----' 1948.
day of
Passed and approved by unanimous vote of the City Commission this _1_6 __ day of
Fe brua /) 1948.
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