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HomeMy WebLinkAboutOrdinance - 4428-1964 - Granting Fort Worth & Denver Railroad Co A Lead Track Across 56Th Street & Elm - 05/28/1964BJM:kks 0 lD -0 L\--f .9 (p ORDINANCE NO. 4428 AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER MIL- ROAD COMPANY. ITS ASSIGNEES. SUCCESSORS~ AND LESSEES., THE RIGHT~ POWER AND PRIVILEGE OF EXTENDING A LEAD TRACK ACROSS 56TH STRE IN THE CITY OF LUBBOCK. TEXAS. AT A POINT 3 23 FEET EAST OF THE INTERSECTION OF 56TH STREET AND ELM AVENUE IN THE CITY OF LUBBO AND TO OPERATE ENGINES. CARS AND TRAINS THEREON; PROVIDING THAT THE FORT WORTH AND DENVER RAILROAD MAINTAIN THE CROSSING AREA; AND PROVIDING THAT THE RAIL ELEVATION SHALL CONFORM TO THE STREET GRADE OF 56TH STREET AT THE POINT OF CROOSING. BE IT ORDAINED BY THE OTY COUNCIL OF THE CITY OF WBBOCK: SECTION 1. THAT the Fort Worth and Denver 'Railway Company, its assignees, successors and lessees, be hereby granted the right, power and priv- ilege of extending a lead track across 56th Street n the City of Lubbock at a point 323 feet plus or minus East of the intersection of 56th Street and Elm Avenue in Lubbock, Lubbock County, Texas; subject to the right of the City of Lubbock 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 underground utility or utilities are constructed under the rails or tract of the Railway Company, the Railway Company agrees to reimburse City for the reason able expense over and above that which would ordinarily be incurred by City if sai rails or tract were not located across said street. SECTION 2. THAT the Fort Worth and Denver Railway Company, its sue cessors, assignees, and lessees b y the acceptance of the benefits of the grant rna e by this Ordinance agree~ that said track and all necessary appliances incident thereto shall be constructed and maintained so as to conform with the present existing street grade and in such manner as shall not hinder, delay or endanger t e 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 m e any changes in existing street grade the Fort Worth and Denver Railway Com pan shall at once, at its own expense, make such changes in its track facility or traff" crossing services as may be necessary to make the same conform in its relation o such street improvements or change in existing street grade as may be required by the City of Lubbock to prevent the 1boding 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 as to inte rfe;re as little as possible with the lawful public use and enjoyme t of such street as well as ingress and egress, of the abutting premises by the own and other lawful occupants thereof; that said railway company will pay the total c 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 fac · 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 each c e made and provided. SECTION 3. This grant is made and said railway company as grantee ac cepts such grant subject to the following covenant and agreement that at all time during the existence of said track and appurtenances thereto upon said street to m aintain sam e in such manner as will not in any way diminish or otherwise affec or impair the grantor's title or other interest in the land within the right of way f said street and will provide, at no expense to grantor, such necessary measures to protect the safety and welfare to the public using said street ana will at all times release., protect, indemnify and ~ave harmless the City of Lubbock from all claims, dem ands, judgments, loss, costs and expenses, for injury to or death o any person, or loss or damage to the property of any person or persons whornso ever, in any manner arising from or growing out of in whole or in part, the construction, reconstruction, maintenance, operation, repair, change , existenc , use or removal of said track as herein contemplated whether caused by the negligence of the City of Lubbock, its officers, servants or employees, or other wise. AND IT IS SO ORDERED. Passed by the Council on first reading this 28th day of May , 19 64. Passed by the Council on second reading this 4th day of .June , 1964. ------' \ lj '• : ~ I ·' ... ATTEST: