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HomeMy WebLinkAboutOrdinance - 5619-1969 - Ord. Granting To The Fort Worth And Denver Railway Company, A Corporation - 02/27/196902-21-l.J>q oo-1~ -(IJCJ ORDINANCE NO. 5619 AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER RAIL- WAY COMPANY, A CORPORATION, ITS ASSIGNEES, SUCCESSORS AND LESSEE , THE PERMISSIVE RIGHT, POWER AND PRIVILEGE OF LOCATING, BUILDING, CONSTRUCTING, AND MAINTAINING LEAD OR SPUR TRACKS AS THE CASE MAY BE, AT CERTAIN HEREINAFTER PESCRIBED LOCATIONS IN, UPON AND ACROSS ELM A VENUE AND EAST. 56TH STREET IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND OF OPERATING ENGINES, CARS AND TRAINS THEREON, PROVIDING FOR CERTAIN COVENANTS, LIMITATION, OR RESTRICTIONS IN THIS GRANT AND PROVIDING FOR THE EFFECTIVE DA WHEREAS, Fort Worth and Denver Railway Company tracks presently cross both East 56th Street and Elm Avenue and such Railway Company proposes to construct a spur track crossing on Elm Avenue immediately north of the exis- ting lead track crossing, and WHEREAS, all of such crossing are in the public interest; NOW THERE- FORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Fort Worth and Denver Railway Company, its assignees, successors and lessees be granted the right, power and privilege of maintaining an existing lead track across East 56th Street in the City of Lubbock at a point 573 feet west of the west right of way line of Elm Avenue in Lubbock., Lubbock County,, Texas. SECTION 2. THAT the Fort Worth and Denver Railway Conpany, its assignees, successors and lessees be granted the right, power and privilege of maintaining an existing lead track across Elm Avenue in the City of Lubbock at a point 312. 2 feet south of the south right of way line of East 56th Street in Lubbock, Lubbock County .. Texas. SECTION. 3 .. :-THAT the Fort Worth and Denver Railway Company, its assignees, successors and lessees be granted the right, power and privilege of extending a spur track across Elm Avenue in the City of Lubbock at a point approximately 302 feet south of the south right of way line of East 56th Street in Lubbock, Lubbock County, Texas. SECTION 4. THAT the above grants in Sections 1, 2 and 3 are each and every one expressly made subject to the right of the City of Lubbock to hereafter construct and maintain any underground utilities within such streets as it may deem necessary for public convenience and necessity. - 1 - ., ... '• SECTION 5. THAT the Fort Worth and Denver Railway Company, its successors, assignees and lessees by the acceptance of the benefits of the grants made by this Ordinance agrees that such tracks and all necessary appliances in- cident thereto shall be constructed and maintained in such a manner as to inter- fere as little as possible with the use, enjoyment., ingress and egress by the public of such street for drainage and traffic., and will maintain and operate said tracks and other facilities, 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 case made and provided. SECTION 6. THAT it is expressly agreed that in case the City of Lubbock should improve either East 56th Street or Elm Avenue by paving or by making any changes in existing street grades, the Fort Worth and Denver Railway Com- pany shall immediately, at its own expense, make such changes in its track facilities or traffic crossing services as may be necessary to make the same con- form 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 ad- jacent and abutting properties or to avoid impeding vehicular traffic on such street ; and will provide and maintain safe and uninterrupted public use of said street and continue to maintain such tracks and use such in the operation of its trains in such a manner as to interfere as little as possible with the public use and enjoy- ment of such street, as well as ingress and egress of the abutting premises by the owners and other lawful occupants thereof; that said Railway Company will pay the total cost of paving improvements between the rails and two (2) feet on each side thereof should either of such streets be paved or repaved in the future. SECTION 7. THAT, as Elm Avenue is presently paved and as the existing lead track crossing is of planking as opposed to hard surfacing between the rails, it is agreed that such planking may continue as to that Elm Avenue crossing until such time as harc;l surfacing is required under the terms of SECTION 6. As to the proposed spur track of SECTION 3, it is agreed that the crossing may be of pre-fabricated planking, simil~rly subject to the provisions of SECTION 6. SECTION 8. THAT the Fort Worth and Denver Railway Company, its successors, assignees, and lessees agree to bear all cost involved in the construe tion or maintenance of said railway crossing. Further Fort Worth and Denver Railway Company shall bear all of the costs in connection with: A. All safety devices for the protection of vehicular traffic~ if any safety devices are required at such crossing. B. Relocate or lower any and all existing water, sewer, or gas lines that now exist at the proposed crossing site if it is found necessary to do - 2 - .. so to clear the trackage. C. Incidental items unforeseen which are due to the construction and maintenance of this industry track. SECTION 9. THAT the Fort Worth and Denver Railway Company will ru>t let or sublet the whole or any part of the granted right of way for any purpose whatsoever, or assign this right of way grant without the written consent of the City of Lubbock in each instance; provided, however, that in the event of a merger by the Fort Worth and Denver Railway Company with another company, such shall not be considered as an assignment in violation of this Ordinance, and such successor company as may be in such merger will have the same rights hereunder as the Fort Worth and Denver Railway Company. SECTION 10. THAT in case of eviction of the Fort Worth and Denver Railway Company by anyone owning or claiming title to the whole or any part of the granted right of way, the City of Lubbock shall not be liable to the Fort Worth and Denver Railway Company for any damage of· any nature whatsoever. SECTION 11. THAT if the granted right of way or any part thereof cease to be used at any time for the purpose granted, the Fort Worth and Denver Railway Company will deliver up to the City of Lubbock the possession of the whole or such part so ceased to be used. SECTION 12. THAT if the Fort Worth and Denver Railway Company should use the granted right of way in such manner as to hinder, delay orendanger the public use of said street for drainage, or traffic, the Fort Worth and Denver Railway Company will within ten (10) days after receipt of written notice from the City of Lubbock, do whatever may be necessary to remedy such condition, and if the Fort Worth and Denver Railway Company should fail to do so within said time, the City of Lubbock may do so at the Fort Worth and Denver Railway Com- pany's expense, bill for cost of which the Fort Worth and Denver Railway Compan) will promptly pay. SECTION 13. THAT no legal right of the City of Lubbock to maintain, use or relocate the said street or other appurtenant facilities now located upon the granted right of way, or to construct and thereafter maintain, use and relocate any additional paving improvements or traffic safety facilities as it may desire, upon or across said granted right of way shall be in anywise affected by the giving of this grant. SECTION 14. THAT this license is made subject to all valid and existing contracts, agreements. licenses and easements which may affect said property covering roads, public and private, pole lines and appurtenances; pipe lines, or other facilities. SECTION 15. THAT all of the forega ing sections shall inure to the benefit of the successors and assigns of the City of Lubbock, to the same extent as to the City of Lubbock. - 3 - SECTION 16. THAT this grant shall be effective from the date of the final written acceptance of this Ordinance by the Fort Worth and Denver Railway Com- pany, its agents or attorneys~ and thereafter so long as said industry track shall be located on the granted right of way and is constructed and maintained in accordance with the provisions of this Ordinance. SECTION 17. THIS grant is made and said Railway Company as grantee accepts such 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 other- wise affect or impair the grantor 1s title or oilier interest in the land within ilie right of way of said street and will provideJ at no expense to grantor such necessa y measures to protect the safety and welfare to the public using said street; that grantee will hold grantor harmless and indemnify it against any loss, damage, claim, causes of action, suits~ attorney's feesJ judgments, and court costs, which may arise out of or relate to grantee's use of the described streets. AND IT IS SO ORDERED. Passed by the City Council on first reading this 27tbClay of ~F~er.b.!::.:r~~-..... ~ 1969. Passed by the City Council on second read this 13th day ~ 1969. Accepted by Fort Worth and Denver Railway Company this 2 9-day of ~cL_ ~ 1969. ' FORT WORTH & DENVER RAILWAY COMPA '\ - 4 -