HomeMy WebLinkAboutOrdinance - 1583-1954 - Granting Ft Worth And Denver Railway Co The Rights Maintaining Tracks - 07/08/1954>-' --....
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ORDINANCE NO. 1583 03-L~ -IGSLf
AN ORDINANCE GRANTING TO THE FORT WRI'H AND DENVER RAILvlAY COMPANY, ITS
ASSIGNS, SUC ESSORS AND U <:;SEES THE RIGHT, POWER AND PRIVILIDE OF LOCATING, CON ...
STRUCTING AND MAINTAINING A RAILROAD INDUSTRY TRACK AND TO OPERATE ENGINllS, CARS
AND TRAINS THEmx>N, UPON, AI£)NG AND ACROSS ELM STREET AND 33RD STREET IN THE CITY
OF LUBOOCK, TEXAS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBCCK:
SECTION 1. That the Fort Worth and Denver Railway Company, its assigns,
successors and lessees be, and they are hereb.f, granted the right, power and pri-
vilege of locating, constructing and properly maintaining a railroad industry track
with the necessary turnouts, swi tchstands and other necessary appliances connected
therewith and to operate engines, oars and trains thereon, upon, along and across
Elm Street and 33rd Street in the City o:r Lubbock, Texas. The centerline of said
track extending from a point 50 feet east and 12.4 feet north of the southeast
corner of Block 88, Wheelock's Second Addition; thence southwesterly 1~.3 feet
to the south boundary line of 33rd Street 32.4 feet west of the northeast corner
of Block 93, Wheelock's Second Addition to the City of Lubbock, Texas.
SPX:TION 2. That the Fort Worth and Denver Railway Company, its assigns,
successors and lessees in accepting the grant herein mde by entering upon said
Elm Street and 33rd Street and exercising the privileges herein granted, shall
be required to construct, maintain and operate said track and the switches,
turnouts and other necessary appliances incident thereto so as to conform to the
g~ade of said streets as established by the City Engineer of the City of Lubbock
and if re quired to adjust the track grade to paving grade and to pay the total
cost of paving improvements between the rails and ttvo feet on each side thereof
should the ':.street be paved, to maintain said track and operate movements there-
over in such a manner as to interfere as little as possible with the public use
and enjoyment and ingress and egress of abutting premises and owners and other
lavful 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 mintain -n.rning and other safety devices that may be required by resolution
of the City Commission.
SECTION 3. By acceptance of the rights herein granted, the Fort Worth
and Denver Railway Company, its assigns, successors and lessees agree to forever
hold and save the City harmless from aey and all claims or damages or any other
action arising on account of said railroad track being constructed and mintained
across said streets and agrees to defend the Cit;y of Lubbock from any and all such
actions and to properi7 reimb~e the City 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 Commissioner Carpenter , seconded by Commissioner
__ r_oZT_e,_s_t_~, the .foregoing ordinance was passed on first reading, this, the
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...B:t.h day of .... -.u.bJ~o~l-iAI'.__ __ , 1954, by the following vote:
Commissioners voting "YEA": Cappenter, Forrest, Thomas and Mayor Pro-tem
Baker
Comi ssioners voting "NAY": None
On motion of Commissioner --~'~or~re~st~----' seconded by Commissioner
....;C;...;a ... rp~en;.;;.t ..... e;;.;;r;..___, the foregoing ordinance was passed on second reading this the
A. day of _.-;.;Augus~;;:;..;;t_, 1954, by the following vote:
ATTEST:
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6-9-54
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Commissioners voting lt!EA":. Baker, Carpenter, Forrest, Thomas and
--MVJ)I'Tripp
Comunssioners voting "NAY": None
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