HomeMy WebLinkAboutOrdinance - 1332-1953 - Granting The Ft. Worth And Denver Railway Co Privilege Railway. - 02/11/1953c
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ORDIN_A.NCI: NO. oz .. 'Z1i ~JqS3 1.332
AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER
RAILWAY COMPANY, ITS ASSIGNEES, SUCCESSORS, AND LESSEES, THE
RIGHT, POWER. AND PRIVILEGE OF LOCATING, BUILDING, ERECTING,
CONSTRUCTING, AND PROPERLY MAINTAINING ONE OR MORE RAILROAD
INDUSTRY TRACKS, AND TO OPERATE ENGINES, CARS, AND TRAINS
THEREON, UPON, OVER, AND ACROSS THAT PART OF lO-F-OOT ALLEY
THAT RUNS NORTH AND SOUTH 200 FEET DISTANT FROM AND PARALLEL
TO AVENUE "C", AT A LOCATION APPROXIMATELY 318 FEET NORTH OF
34TH STREET, IN THE CITY OF LUBBOCK, TEXAS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the Fort Worth and Denver Railway Company, its
assigness, successoffs , and lessees, be hereby granted the right, power, and
privilege of locating, building, erecting, constructing, and properly maintain·
ing one or more railroad industry tracks, with the necessary turnouts, switch
stands and other necessary appliances connected therewith, and to operate
engines, cars and trains thereon, upon, over and across that part of twenty {20)-
foot alley that runs North and South 200 feet distant from and parallel to Avenue
C, at a location approximately 318 feet North of 34th Street, in the City of
Lubbock, Texas.
SECTION 2. That the Fort Worth and Denver 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 that is crossed.,
and in such manner as to interfere a!l little as possible with the use and enjoy-
ment, ingress and egress of the abutting premises by the owners and other
lawful occupants thereof, will pay cost of paving space occupied by said tracks,
if any street or alley that is crossed should be paved, and will maintain and
oper ate 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 such grant.
AND IT IS SO ORDERED.
On motion of Commissioner Morris , seconded by Commis-~-----------~~~---
sione r __ (,a:_cx_·p_e_n_:r._e_r __ ~...;..--, the foregoing Ordinance was passed on
first reading this 11 day of February , 1 9 53, by the following vote: ---_____ ..;.... __ _
Commissioners voting "YEA": Morris, Carpenter and Davis and Mayor
Tripp .
Commissioners voting 11NAY11 : None
On motion of Commissioner Davis • seconded by --------~~------------
Commissioner Carpenter , the foregoing Ordinance was passed ----~--~--------------
on second reading this -26 day of -~~o.~~Wiii~----, 1953. by. the follow-Febrwacc •
ing vote:
Commissioners voting 11YEA":
Commissioners voting. 11NAY11:
Carpenter, Davi s and Thomas and l~yor
Pro-tem Morris.
None.
--~-~--~----Murre.ll R. rippt Mayor
ATTEST: ·Ha rry Morris, Mayor Pro-tem4'~ Crry-s&~iilrt:-r------~-
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