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Home My WebLink AboutOrdinance - 868-1948 - Pecos And N Texas Railway Company Maintaining Tracks. - 04/09/1948r ·~ 7 ·o ot+ ... oq-lq46 ORDINANCE NO. __ s_-6_8 __ OLf-,1.2-Jqlffi AN ORDINANCE GRANTING TO THE PECOS AND NORTHERN TEXAS RAILWAY COMPANY, A CORPORA TION, AND ITS LESSEE, THE PANHANDLE AND SANTA FE RAILWAY COMPANY, A CORPORATION, AND THEIR SUCCESSORS .Ai'im· ASSIGNS, HERE ·CALLED RAILROADS, THE RIGHT, POWER AND PRI- VILEnE OF :WCATING, BUILDING, ERECTING, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD INDUSTRY TRACK ACROSS, AND TO INTERSECT, THE ALIJ:i;Y RtniJNING NORTH AND SOUTH THROUGH BIOCK 10, MERRILLS ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT A. POINT APPROXIMATELY TWO HUNDRED li'EET SOUTH OF THE NORTH PROPERTY LINE OF SAID BLOCK TEN, AFORESAID, AND, OF LOCATING BUILDING, ERECTING, CONSTRUCTING AND PRO ... PERLY MAINTAINING A RAILROAD INDUSTRY TRACK ACROSS, AND TO .INTERSECT AVENUE E, EN"" TERING SAID AVENUE E ON THE lEST OF SAID AVENUE, AT A POINT APPROXIMATELY ONE HUN- DRED NINETY"'"THREE FEET SOUTH OF THE NORTH PROPERTY LINE OF SAID BLOCK 10, AFORESAID AND CONTINUING ACROSS SAID AVENUE E IN A NORTHEASTERLY DIRECTION; TO OPERATE EN- GINES, CARS AND TRAINS THEREON, AND OVER SAID TRACK; AND LOCATING, BUILDING~ ERECT- ING, CONSTRUCTING AND PROPERLY MAINTAINING A RAilROAD INDUSTRY TURNOUT TRACK ACROSS AND TO INTERSECT AVENUE E, AFORESAID, THIS INDUSTRY TURNOUT TRACK TO TIE INTO AND X0 CONNECT WITH THE ABOVE DESCRIBED TRACK THAT CROSSES A VENUE E, AND TO EXTEND ACROSS AVENUE E IN AN EASTWARD DIRECTION ACROSS AVENUE E, AND SERVING THE LU'l'.HER WAREHOUSE AL~D STORAGE COMPANY, AND TO OPERATE EOOINES, CARS AND TRAINS THEREON AND OVER SAID '.IRACK; REQUIRING SAID RAILROADS, THEIR SUCCESSORS, AND ASSIGNS BY ACCEPTANCE HEREOF, TO CONSTRUCT, MAINTAIN AND OPERATE SAID TRACKS AFORESAID, TO- GETHER WITH NECESSARY APPLIANCES 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 LI'CTLE .AS POSSIBLE WITH USE AND ENJOYMENT, I:t«lRESS AND IDRESS OF ABUTTING PREMISES BY OWNERS AND OTHER LAWFUL OCCUPANTS THEREOF, AND TO PAY COSTS OF PAVING SPACE OCCUPIED BY THE SAID TRACKS, IF SAID ALLEY OR AVENUE SHOULD BE PAV• ED, AND \VIU. OPERATE SAID TRACKS AND OTHER F AGILITIES IN ACCORDANCE 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 CITY OF LUBBOCK SHALL NOT BE LIAB TO ANY PEBSON FOR DAMAGES OONE OR PROPERTY TAKEN ON ACCOUNT OF THIS GRANT AND THAT THE GRANTEE HEREOF SHALL REIMBURSE THE CITY OF LUBBOCK AND SAVE :n' HARMLESS FROM ALL CLAIMS ARISING ON ACCOUNT OF SUCH GRANT. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS& SECTION l(a). That The Pecos and Northern Texas 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 hereb,y granted the right, power and privilege of locating, building, erecting, constructing and pro- perly maintaining a railroad industry track across and to intersect the alley runw ning 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 pro• perty line of said Block 10, aforesaid, and of locating, building, erecting, con- structing and properly maintaining a railroad industry track across and to inter- sect Avenue E, entering said Avenue E on the West ofsaid Avenue, at a point approxi mately 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 en- gines, cars and trains thereon ~ over said track aforesaid. (b) Also, the said The Pecos and Northern Texas 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 of locating, building, erecting, constructing and pro• perly mainttning a railroad industry turnout track across Avenue E aforesaid, this .. said turnout track to tie into and connect with the above described track that crosses Avenue E and to extend ~cross said Avenue E in an Eastward direction across said Avenue E, serving the Luther Warehouse and Storage Company, and to operate engines, cars and trains thereon and over said turnout track. SECTION 21 That The Pecos and Northern Texas Railway Compaey, a corporation and its Lessee, the Panhandle and Santa Fe Railway Company, a corporation, and their successors and assigns, are hereby required and by the acceptance of this Ordinance agree that they will construct, maintain and operate said industrial track, turn- out t~ack 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 enjoyment, ingress and egress of the abutting premises by the owners and other lawful occupants there- of, 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 of Texas and the lawful ordinances and resolutions of the City of Lubbock in such cases made ·and provided. SECTION 31 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 ~.!!_day of _.A .. u_r...,i....,l,_ ___ , 1948. Passed and approved second reading this 22 day of Aori 1 ' 1948. ATTEST a ~~J!;.e:.d~ City Secre ary \....._., H . O. WAGNER, Superlpten jlent ·Panhandle and Santa Fe Railway Company OFFICE OF DIVISION SUPERINTENDENT 8l&toD Dlvlaloa Mr. Vaughn E. Wilson, City Attorne71 Lubbock, Te:ma. De.ar Sira- Slaton, Teas, March 26, 1948, File -lBS2007. Your letter ot March 16th, 1948, regarding ordin- ance covering tbe crossing of Avenue E and alley as described in Ordinance No. S34 • .A.m attaching copy ot letter trom our Chief Engineer, also, am attaching Ordinance as written by him • .A.s stated in the last paragraph of letter trom Mr. Noble, if 7ou do not use these papers, rou can obtain f'roa them the necessary information which )"'n requested in your letter at March 16th. ~ Yours trul7, tj ·. JP.' ~ ~~ v \~~~r SANTA FE-DEDICATED TO SERVICE CITY OF' LUBBOCK MEMORANDUM, Inter Office SUBJECT: Santa Fe Avenue "E" Crossing Ordinance TO Mr. M. R. Smith, Jr., City Manager City-.Commission Date April 5, 1948 Attached is corrected ordinance which should be passed authorizing the Santa Fe to use a porti·on of Avenue "E", as set out in the caption of the ordinance. Ordinance 834 attempted to make this grant but the names of the railroads were not correct and this ordinance was attempted to be corrected by Ordinance 850, but the latter ordinance was incorrect in that we did not have the proper name of one of the railroads • . The ~ached ordinan~e~eals Ordinances -~4 and 850, for the reason above stated, so ~to eliminate c ~ion, cle~ up o records, as' well as ~ rail .. roads. Miss William@, please return to me a certified copy of the new ordinance lll8ki11g the grant to the railroad so I can br~:. rilroad up to date. Va~lson VEW:mp