HomeMy WebLinkAboutOrdinance - 1555-1954 - Granting The Ft Worth And Denver Railway Co The Right To Maintain Track - 05/05/1954corv
5-11 to
Ci tv Eng •
City Att •
05-05-\95L+
ORDINANCE NO. 1555
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AN ORDINANCE GRANTING TO THE FORT WORTH AND, DENV"l:R RAIL't-1AY COMPANY
THE RIGHT, POOER AND PRIVILEGE OF LOCATING AND MAINTAINING A RAILROAD TRACK AND
ro OPERATE EmiNES, C.A...'9S AND TRAINS MREPN, UPON, ALOOO AND ACROSS MAGNOLIA
AVENUE AT A POINT 305r SOUTH OF THE SOUTH LINE OF ITS INTEMECTION UITH 40!H STRE . ' ,.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBOOCK a
SECTION 1. '!'hat the Fort Worth and Denver RaUway Company, its assigns
successors and lessees be, and they are hereby, granted the right, power and
privilege of locating, constructing, opeNtingi and maintaining a railroad
industry, or Spur, track and to operate its eQgines, cars and trains thereupon,
across Magnolia Avenue at a point approximate~y 305' south of the south line of
its intersection with 4oth Street, subject to the following terms and conditions.
SECTION 2. That the Fort Worth and Denver Railway Company, its assigns
successors and lessees, in accepting the grant herein made by entering upon said
Magnolia Avenue and exercising the privileges herein granted shall be required to
construct, Dlflintain and operate said track so as to conform to the grade of said
street as established by the City Engineer of the Ci~ or Lubbock and if required,
to adjust. the track grade to paving grade and . to pay the total. cost of paving
improvements between the rails and two (2') f~et on. each side thereof should the
street be paved; to maintain said track and operate movements thereover in such
V manner as to interfere as little as possible with the public use and enjoyment
and ingress and egress of abutting premises and the owners and other lawful
occupants thereof; to operate said facilities at all times in accordance with
applicable laws, ordinances and resolutions of the City of Lubbock; to erect and
maintain warning and other safety devices that may be required by resolution of
the City Commission.
SIDTION J. By acceptance of the rights herein granted, the Fort Worth
and Denver Railway Company, its assigns, successors and lessees agree to forever
hold and BIIVe the City harmless from any and all claims or d.anages or any other
action arising on account of said raUroad track being constructed and maintained
across said !treat and agrees to defend the City of Lubbock from any and all such
actions and to promptly reimburse the Ci t)r for any and all judgments, expenses
and other costs incidental to such actions.
A N D I T I S S 0 0 R D E R E D.
On motion of Commies ioner Tbomas , seconded by Commissioner
Fonest , the foregoing Ordinance was passed on f'ir:it reading this _j,_ day
of __ J.-fa......_y ___ , 1954, by the following vote:
Commissioners voting WIEA•: Baker, Carpenter, Forrest and Thomas
Mayor Tripp
Commissioners voting •NAY•: None
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Pa..e:e 2
On motion of Commissioner ·Thomas , seconded by Commissioner
ltarpenter , the foregoing Ordinance was passed on second reading this lJth
day of May , 1954, by the following vote:
Commissioners voting WIEA": Carpenter, Thomas, and
Mayor Pro-tem Baker
Commissioners voting -NAY":
AT~TEST: • ~
.. ~ ~..~~ -... -.... ---- -... -.... La n1 Lowe, City Secretary-Treasurer
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