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HomeMy WebLinkAboutOrdinance - 3985-1962 - Granting Fort Worth & Denver Railway Maintaining Trach In Quirt Ave. 222.8 Ft N. - 12/20/1962,... ''FOS:djl 12./-1$-/ 2Z --==~--~=====--=~~-===~'-~~==-~P~L~~-~~==~ 0' -10-1.9Lc>:G<f"s- ORDINANCE NO. '-39ss 1 AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAILWA COMPANY~ ITS ASSIGNEES~ SUCCESSORS~ AND LESSEES~ THE RIGHT~ POWER~ I AND PRIVILEGE OF LOCATING,. BUILDING .. ERECTING, CONSTRUCTING AND I _.,. PROPERLY MAINTAINING ONE RAILROAD INDUSTRY TRACK_ AND TO OPERA~ L{?-) ~NGINES, CARS AND TRAINS THEREON,. UPON, OVER, AND ACROSS A TRACT , o 1 F LAND IN QUffiT AVENUE> THE CENTERLINE OF WHICH SHALL BE AT A \ ')i 1LOCATION 222.8 FEET NORTH OF THE NORTH PROPERTY LINE OF 42ND \o ~ !STREET IN THE CITY OF LUBBOCK• LUBBOCK COUNTY:J. TEXAS. \ t-;} BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT the Fort Worth and Denver Railway Company~ its assig e• successors and lessees~ be hereby granted the right~ power, and privilege of locating, building, erecting .. constructing, and properly maintaining one railroad industry track~ with the necessary turnouts, switch stands, and other necessary appliances connected therewith, and to operate engines, cars, and trains thereon, upon, over, and across a tract of land in Quirt Avenue, the centerline of which shall be at a location 222. 8 feet North of the North property line of 42nd Street in the City of Lubbock, Lubbock County, Texas, subject to the right of the City to hereafter .construct and maintain any underground utilities within said street it may deem necessary for public necessity and convenience, and in the event an under- ground utility or utilities are constructed under the rails or track of the Railway Company the Railway Company agrees to reimburse City for the reasonable expenss1 over and above that which would ordinarily be incurred by City if said rails or trac were not located across said street. SECTION 2. THAT the Fort Worth and Denver Railway Company, its sue-1 cessors, assignees, and lessees by the acceptance of the benefits of the grant made by this Ordinance agrees that said track and all necessary appliances incident there- to shall be constructed and maintained so as to conform with the present existing 1 street grade and in such manner as shall not hinder, delay or endanger the public use of said street for drainage and traffic~ and in case the City of Lubbock shall., after said track has been constructed, improve said street by paving or make any changes in existing street grade the Forth Worth and Denver Railway Company shari! at once, at its own expense, make such ch:mges in its track facility or traffic CI'OSSi g services as may be necessary to make the same conform in its relation to such street improvements or change in existing street grade as may be required by the City of Lubbock to prevent the flooding of adjacent and abutting properties; and will provide and maintain safe and uninterrupted public use of said street and continue to maintain said track and use same in the operation of its trains in such manner a to interfere as little as possible with the lawful public use and enjoyment of such street as well as ingress and egress, of the abutting premises by. the owners and 11 other lawful occupants thereof; that said railway company will pay the total cost of paving improvements between the rails and two feet (2) on each side thereof should the street be paved and will maintain and operate said track and other facilities, switches and turnouts incident thereto in accordance with the laws of the Sate of Texas and the lawful Ordinances and Resolutions of the City of Lubbock in Slch cases made and provided. SECTION 3. This grant is made and said railway company as grantee accept uch grant subject to the following covenant and agreement that at all times during the existence of said track and appurtenances thereto upon said street to maintain Same in such manner as will not in any way diminish or .otherwise affect or impair ~he grantor's title or other interest in the land .within the right of way of said street ~nd will provide, at no expense to grantor, such necessary measures to protect the ~afety and welfare of the public using said street and will at all times release, protect, indemnify and save harmless the City of Lubbock from all claims, demands judgments, loss~ costs and expenses, for injury to or death of any person, or loss I ~r damage to the property of any person or persons whomsoever, in any manner ~rising from or growing out of in whole or in part, the construction, reconstruction, p1aintenance, operation, repair~ change, existence, use or removal of said track as herein contemplated whether caused by the negligence of the City of Lubbock, its I f fficers, servants or employees, or otherwise. AND IT IS SO ORDERED. assed by the Commission on first reading this 20th day of December t ---------T962. , Passed by the Commission on second reading this ~Otb day of January i9~3. ------------~1 __ li_~ ~------- K F. st-lioNG~ Mayor ,/ forrn Appr ... ..J '-~ .. wiY. AttorM't !ATTEST: ~---~L/4-~J/,A _______ __ Laven~ Lowe, City s~·Treasurer ,.