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HomeMy WebLinkAboutOrdinance - 1200-1952 - Granting Panhandle And Santa Fe Railway Privledges Mainting Tracks. - 03/27/195203-2':7--1.9'5"2 ORDINANCE NO. 1200 o~+-oa-l.9sz AN ORDINANCE GRANTING THE PANHANDLE & SANTA ·FE RAILWAY COMPANY, A CORPORATION, ITS ASSIGNEES, SUCCESSORS AND LESSEES THE RIGHT, POWER AND PRIVILEGE OF LOCATING, BUILDING,. ERECT- ING, CONSTRUCTING AND PROPERLY MAINTAINING A SPUR TRACK AND TO OPERATE ENGINES, CARS AND TRAINS THEREON, UPON AND ACROSS AUBURN STREET AT THE LOCATION DESCRIBED IN THE BODY OF THIS ORDINANCE, AND INTO AN ALLEY IN BLOCK 73, ROBERTS & McWHORTER ADDITION AS SUBDIVIDED BY PLAT OF THE BARNETT ADDITION TO THE CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. That the Panhandle & Santa Fe Railway Company, .a cor- poration, and its assignees, successors and lessees BE, and they are hereby granted the right, power and privilege of locating, building, erecting, con- structing and properly maintaining a railroad spur track, switch stands and other necessary appliances connected therewith, and to operate engines, cars and trains thereon and across Auburn Street at a point 100 feet east of t)::e intersection of Vernon Avenue and Auburn Street, and to extend said tr'ack into the North-South alley and end at a point near the north line of Lot Eleven {11), Barnett Addition, a subdivision of Blocks Seventy-Two (7.Z) and Seventy-Three (73) of the Roberts & McWhorter Addition to the City of Lubbock, said spur track to be extended from headblock at Mile Post 0 plus 3929. Z feet on the Seagraves branch of said roads, thence northeasterly across Auburn Street at the location above described. SECTION z. That said Railroad is hereby required and by the acceptance of this Ordinance agrees that it will construct, maintain and operate said spur track and all switches and other necessary appliances incident thereto so as to conform to the grade now existing or which may hereafter be established by the City Engineer of the City of Lubbock for said street and alley, 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 thereof, will pay the cost of paving space occupied by the said track, or damage done by reason of the construction of said track, and will maintain and operate said track at such street and alley location, together with the switches and other equipment incident thereto in accordance with the laws of the State of Texas and lawful ordinances and resolutions of the City of Lubbock in such cases made and provided. SECTION 3. It is 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 said Railroad shall reimburse the City of Lubbock and save it harmless from. all claims arising on account of this grant. AND IT IS SO ORDERED. On motion o£ Commissioner ___ &:_V1_· _s _____ , seconded by Com- missioner -~-~M~or~r:.,;i;:;,:s::_ ___ ., this Ordinance was approved and passed J on first reading this 27th day of March , 1952, by the following --~~~--------- vote of the City Commission: Commissioners voting 11YEA": Morris, Hufstedler, Davis, Thomas and Mayor Whiteside Commissioners voting ''NAY'': None On motion of Commissioner Hufst'e-Jler , seconded by Com---~~~~---------_, missioner Thomffs --------~------ this Ordinance was approved and passed on second reading this 3rd day of April , 1952, by the following ----~------------~ vote of the City Commission: Commissioners voting 11YEA11: Morris, Hufstedler, Davis, Thorras and Mayor Whiteside Commissioners voting 11 NAY11: None ATTEST: _-#J.ttit ~------CI'ty se"f~ta'iTy VEW:sv