HomeMy WebLinkAboutOrdinance - 1262-1952 - Granting Ft.Worth And Denver Railway CO. Building, Erecting Maintaining Tracks. - 08/14/1952.q (/ i ..: ...
.' .. ' • '.l
i
ORDINANCE NO. 1262 oe -.28 · 1 ss::<;
AN ORDINANCE GRANTING TO THE FORT WORTH AND DENVER
RAILWAY COMPANY, ITS ASSIGNEES, SUCCESSORS AND LESSEES, THE
RIGHT, POWER AND PRIVILEGE OF LOCATING, BUILDING, ERECTING,
CONSTRUCTING AND PROPERLY MAINTAINING ONE OR MORE RAILROAD
... INDUSTRY TRACKS, AND TO OPERATE ENGINES, CARS AND TRAINS
THEREON, UPON AND ALONG THE NOR:TH AND SOUTH ALLEY, THROUGH
THE J. J. DILLARD ADDITION TO THE TOWN OF LUBBOCK. FROM A
POINT OF INTERSECTION WITH THE RIGHT-OF-WAY OF THE FORT WORTH
AND DENVER RAILWAY LYING IMMEDIATELY NORTH OF SAID J. J.
DILLARD ADDITION TO, AND DIR.ECT'L Y ACROSS, 30TH STREET, LYING
IMMEDIATELY SOUTH OF SAID J. J. DILLARD ADDITION, LUBBOCK,.
TEXAS; ALSO DIRECTLY ACROSS 31ST STREET (OR ANY STREET OPEN OR
TO BE OPENED) ON THE SOUTH SIDE OF J. E. STEELE TRACT OR NORTH
SIDE OF FORT WORTH AND DENVER RAILWAY TRACT PURCHASED FROM
BOOHER BY SAID RAILWAY AND LYING SOUTH OF SAID J. E. STEELE
TRACT, IN ORDER TO PROVIDE SAID RAILWAY RIGHT-OF-WAY CONTINU-
OUSLY FROM SAID FORT WORTH AND DENVER RAILWAY MAIN LINE TO
SAID BOOHER TRAG T.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the Fort Worth and Denver Railway Company, its
assignees, successors and lessees, be hereby granted the right, power and
privilege of locating, building, erecting., constructing and properly maintain-
ing one (1) or more railroad industry tracks, with the necessary turnouts,
switch stands and other necessary appliances connected therewith, and to
operate engines, cars and trains thereon, upon and along the North and South
alley , through the J. J. Dillard Addition to the Town of Lubbock, from a
point of intersection with the right-of-way of the Fort Worth and Denver Rail-
way lying immediately North of said J. J. Dillard Addition to, and directly
across, 30th Street, lying immediately South of said J. J. Dillard Addition,
Lubbock, Texas; also directly across 31st Street (or any street open or to be
opened) on the South side of J. E. Steele tract or North side of Fort Worth and
Denver Railway tract purchased from Booher by said Railway and lying South
of said J. E. Steele tract, in order to provide said Railway right-of-way
continuously from said Fort Worth and Denver Railway main line to said
Booher tract.
SECTION 2. That the Fort Worth and Denver Railway Company, its
assignees., successors and lessees, are here)y required and by the accep-
tance of this ordinance agree that they will construct, maintain and operate said
industrial tracks and the switches, turnouts and other necessary appliances
incident thereto, so as to conform to the grade of said street or alley that is
crossed, and in such manner as to interfere as little as possible with the use
and enjoyment, ingress and egress of the abutting premises by the owners and
other lawful occupants thereof, will pay cost of paving space occupied by said
tracks, if any street or alley that is crossed should be paved, and will main-
tain 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 ordin-
ances and resolutions of the City of Lubbock in such cases made and provided.
SECTION 3. It is hereby understood ·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 hereof shall reimburse the City of Lubbock
and save it harmless from all claims arising on account of such grant.
AND IT IS SO ORDERED.
On motion of Commissioner Morris , seconded by Commis-
--------------------
sioner Davis , the aforegoing Ordinance was passed on first ------------~~-----
reading this t4th day of August , 1952, qr the following vote:
I ------~--------
Commissioners voting "YEA,.."': Morris..., Carpenter, Davis, Thomas & . M~or l'ripp
Commissioners voting "NAYn: None
On motion of Commissioner Carpenter , seconded by Commis------------------sioner __ ,;;.T,;;;;homa..;;,:;;;;;;;;,;S:;._ ________ , the aforegoing Ordinance was passed on
second reading this 21Jtfi day of August __ ..;:;;... __ _ 1952, by the following vote:
Commissioners voting "YEAn: Carpenter, Davis, Thoms & Mayor pro-tem.
Morris
Commissioners voting 11NAY": None
ATTEST:
-Jd._}·~~-~k' _______ _ 1JW~ecref.ary-Tl:1easurer
VEW:sv
{8-11-52)
~ Mayor;-:M"ui'"r ii'R.:-T'rTpp ____ _
Harry Morris, Mayor Pro-tem
--~--
0
E. L. KLETT
"08T. H . BEAN
WN. H . I:VANB
A. DOYLE .J UBTI CE KLETT, BEAN, EVANS & JUSTICE
ATTO~NEY!!I AT LAW
Mrs. La venia Love
City Secretary
Lubbock, Texas
Dear Mias Lavenia:
C IT IZEN& N AT'L BANK BLDG.
LUBBOCK, TEXAS
July .31, 1952
The Fort, Worth and Denver Railway Co. is quite anxious to obtain
passage of enclosed form of ordinance allowing the Railroad to
build and operate industry tracks from the north end of the alley
in the Dillard Addition {which is a point connected with the main
line of the railroad) along the alley in said Addition southwardly
to and across .31st Street, as more fully shown by caption in the
ordinance.
As you know, the Company acquired a large tract of land from Booher
for the purpose of constructing and operating depot thereon.
The passage of the ordinance will.be one step toward enabling the
Company to make its new deP9t site available.
We ha;ve endeavored to formulate the language of this ordinance in
such way e.a to comply with the City Attorney's usual requirements.
The City's prompt cooperation in passing the ordinance will be
very much appreciated.
Will you be kind enough to file this ordinance and bring it to the
attention of the City Commission?
ELK:OH
Enc.
Yours very truly,
No Text
No Text