HomeMy WebLinkAboutOrdinance 2968 ORDINANCE NO. —
AN ORDINANCE GRANTING THE TEXAS AND PACIFIC RAIL-
WAY COMPANY THE RIGHT TO CONSTRUCT A FORTY-EIGHT
(48) FOOT EXTENSION TO AN EXISTING SPUR TRACK ON
BRYAN STREET SOUTH OF ELIZABETH STREET IN THE CITY
OF FORT WORTH, TEXAS; SPECIFYING THE CONDITIONS OF
SAID PERMIT; SPECIFYING AN EFFECTIVE DATE; AND PRO-
VIDING AN INDEMNITY AGAINST CLAIMS AND DAMAGES IN
THE USE AND MAINTENANCE OF SAID EASEMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That The Texas and Pacific Railway Company, its successors and
assigns, is hereby granted the right and privilege to construct a forty-
eight (48) foot extension to an existing spur track on Bryan Street south
of Elizabeth Street in the City of Fort Worth, Texas.
SECTION 2.
That the grantee, The Texas and Pacific Railway Company, shall
have the right to construct, maintain, operate and repair the line of
railway track on said street as described in the foregoing section here-
of; and, wherever the said track is in, on or through the portion of said
street designated by the city officials now or hereafter as traveled por-
tions of said street, the said spur track shall be maintained at such
grade or grades as it may elect to use so long as said grade is approved
by the Director of Public Works or the City Engineer of the City of Fort
Worth, and it is expressly provided that the laying, repairing and con-
struction of said spur track shall be under the supervision of the Director
of Public Works or the City Engineer of the City of Fort Worth. It is
further provided that grantee, its successors and "signs, shall maintain
the space between the rails of said track and for two (2) feet on each
side thereof as near as may be practicable with the tops of any of such
tracks, and same shall be constructed and maintained so as not to unneces-
sarily obstruct or endanger travel on said street or any portion thereof;
and the construction, maintenance and operation of said track and of
that portion of the street between the rails and for two (2) feet on the
outside of such rails shall be in accordance with plans and specifica-
tions to be approved by the Director of Public Works or the City Engineer
of the City of Fort Worth. Where said tracks pass in, along or through
any portion of said street designated by the proper officials of the
City of Fort Worth as the traveled portion of said street, the said
grantee, its successors and assigns, shall conform said tracks, or any
part thereof, to the proper grade of said street, making changes thereof
as often and whenever the grade of said street is changed by the officials
of said City, so that all parts of said tracks and the materials between
the rails and two (2) feet on the outside thereof shall conform to the
established grade and the materials used in the maintenance of the remain-
ing portion of the street.
SECTION 3.
The said grantee, The Texas and Pacific Railway Company, its suc-
cessors and assigns, does agree to indemnify and save harmless the City
of Fort Worth from any and all damages, claims, ,judgments and other costs
and expense recovered against or paid by the City of Fort Worth by reason
of injuries or damage to either persons or property proximately caused by
or arising from and out of the construction, maintenance and operation of
said tracks in, upon, along and through said street.
SECTION 4.
That this ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so ordained.
APPROVED AS TO FORM:
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ORDINANCE
No_ Al'?6 e
Title -�
ate �.
Filed Day of
19 .
City lecretary
P. o.ITO. 85�2-