HomeMy WebLinkAboutOrdinance - 1274-1952 - Granting Ft. Worth And Denver Railway Company Operation - 10/09/195210-09-'.95~
ORDINANCE NO. --'-'1 2"-j7~h--
AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAILWAY COMPANY, ITS
ASSIGNEES 1 SUCCESSORS AND LESSEES THE RIGHT, POWER AND PRIVILEX}E OF LOCATJNG,
BUILDING, ERIDTING, CONSTRUCTING AND PROPERLY MAINTAINING A RAILROAD INDUSTRY
TRACK AND TO OPERATE ENGINES, CARS AND TRAlliS THEROON, uPON, OVER AND ACROSS
AVENUE nett AT A POINT APPROXIMATELY ,300 F~ NORTH OF THE NORTH LINE OF .34TH STRE
IN LUBBOCK, TEXAS.
BE IT ORDAINED BY THE CITY COMHISSION OF THE CITY OF LUBBOCK:
SOOTION 1. That the Fort Worth and Denver Railway Company, its assignee ,
successors and lessees, be hereb,y granted the right, power and privilege of locat-
ing, building, erecting, constructing ~d properly maintaining a rail~~ industry
track together with other necessary appliances connected therewith and to operate
engines, cars and trains thereon, upon, over and across Avenue ncu in the City of
Lubbock, Texas at a point approximately ,300 feet North of the North line of .34th
Street.
SIDTION 2. That the Fort Worth and Denver Railway Company, its
assignees, successors and lessees, are hereby required and by ~he acceptance of
the grant herein agree that they will construct, maintain and operate said indust
track and the other necessary appliances incident thereto so as to conform to the
grade of Avenue non at the point it is crossed b.y said industry track, said grade
and location of necessary appliances incident to said track to be established by
the City Engineer, and in such manner as to interfere as little as possible wdth1
the use and enjoyment, ingress and regress of the abutting premises b,y the o~Tners
and other lawful occupants thereof, will pay the cost of paving between and around
said tracks as provided by law when said Avenue "C" should be paved, and will
maintain and operate said industry track and other facilities incident thereto in
accordance with the laws of the State of Texas and the ordinances and resolutions
of the City of Lubbock in such cases made and provided.
SOOTION ,3. 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,
the Fort Worth and Denver Railway Company, hereof shall indemnify the City of
Lubbock and save it harmless from all claims of whatsoever kind or nature arising
on account of this grant.
AND IT IS SO ORDERED.
On motion of Commissioner __ I .... b..:.Q1.~.~ma.IQ.iil,s ______ . ___ , seconded by
Commissioner ~~~~~~--------------'.the foregoing Ordinance was passed on
first reading this 26fb day of ~------' 1952, by the following vote:
Commissioners voting "YEA": Carpenter, Davis, Thomas, & Mayor .,
Pro-tem Morris
Commissioners voting 1'NAYtt: None
On motion of Commissioner Morris , seconded by
Commissioner ------~T_ho __ ma __ s _____________ , the foregoing Ordinance was passed on
second reading this 9th day of _..:.__o,_c_t_o_be_r _____ , 1952, by the following
vote:
ATTEST:
WLS:rr
9-22-52
Commissioners voting 11YEA11: Morris, Carpenter, Davis, Thomas & Mayor Tri p
Conunissioners voting 11NAY11: None
•
-2-
.,
E. &.. KLETT
ROB,.. H, SEAN
WM, H . 'EVAN S
G•M. A-:-CLIFP'OR D
KLETT, BEAN & EVANS
ATTORN EYS AT LAW
2ND f'&.O CR MYRICK B&.DO,
L UB B O CK, T EXAS
0
August 30, 19.52
Trackage Ordinance
Across Avenue B and 3/tth st.
Mrs. Lavenia Lowe
City Secretary
Lubbock, Texas
Daar Miss Lavenia:
As attorneys for Fort Worth and Denver ~. Co., we vecy respectfully
petition the City Commission to pass ordinance granting the Railroad
permission to cross Avenue B and 34th Street in the Town of Lubbock,
Texas.
We are attaching a blue print to the copy ot letter being sent to
Mr. Holmes, the City Engineer, in order that the City Engineer lllaY be
in position to pass upon the engineering features and advise with the
City officials.
For your general information, this is to advise that ,as you already
know, the Railroad Co. has purchased what is general.ly known as the
"Booher Tracttt at the corner of 34th Street and Avenue A for the
purpose of constructing and maintaining railroad depot •
As will be noted from the blue print mailed to the City Engineer, the
streets that the Railroad Co. desires to cross are in the area of the
aforesaid depot site, and, quite natural.JJ", if' the Railroad performs
its service as a public utility, it must be in position to serve
industry in that area. otherwise the service of the railroad would
be circumscribed and limited.
Therefore, it will be appreciated it the City Commission will give
this request its attention as early as convenient.
Meanwhile, we wish to say in behalf of the Railroad that it appre-
ciates vecy much the City's cooperation in the prompt passage of
ordinance enabling the Railroad to extend its track to the new depot
site.
Yours very truly,
ELK:OH
E. L, KLETT
IIIDI!IT. H. BEAN
WM. H. EVAN8
h WM. A~LII"I"DRD
KLEIT, BEAN & EVANS
ATTORNEYS AT LAW
2ND FLDDR MYRICK 8LCO.
c ·
LUBBOCK, TEXA!I
August 30, 1952
Trackage Or dinance
Aoroaa Avenue B and 34th St.
Mrs. Lavenia Lowe
City Secretary
Lubbock, Texas
Dea:-Miaa La venia:
.As attornqa for Fort Worth and Denver B;y. Co., we very reepect.tul.l7
petition the City Commission to pass ordinance granting the Railroad
permiasion to cross Avenue B and 34th Street in the Town of Lubbock,
Texas.
We are attaching a blue print to the cow of letter being sent to
Mr. Holmes, the City Engineer1 in order that the City Engineer may be
in position to pass upon the engineering features and advise with the
City otriciala.
For 701JI' general in! ormation, this is to ft.dvise that, ae 1"0U alreadl"
lmow, the Railroad Co. has purchaaed what is generall7 known as the
"Booher Tract" at the corner of 34th Street and Avenue .Affor the
purpose of constructing and maintaining railroad depot.
Aa wUl be noted from the blue print malled to the City Engineer, the
streets that the Railroad Co. desires to cross are in the area of the
aforesaid depot site, and1 quite natural.ly1 it the Railroad performs
its service as a public utility, it must be in position to serve
induEtry in that area. otherwise the service of the railroad would
be circUJI18cribed. and limited.
Therefore, it will be appreciated if the City Commission will give
this request its attention as early as convenient.
Meanwhile, we wish to sa:r in behalf of the Railroad that it appre-
ciates very much the Cit;yt e cooperation in prompt; passage of ordinancj
enabling the Railroad to extend ita track to the new depot site.
Yours very trulT,
ELK :OH t.,(.~,
COPY 'I