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HomeMy WebLinkAboutOrdinance 3467 ORDINANCE # AN ORDINANCE GRANTING TO ST. LOUIS, SAN FRANCISCO AND TEXAS RAILWAY COMPANY THE RIGHT TO CONSTRUCT MAINTAIN, OPERATE AND REPAIR A LINE OF RAILWAY TRACK ALONG SHAMROCK AVENUE IN THE CITY OF FORT WORTH, TEXAS, AS AN EXTENSION OF ITS SHAMROCK AVENUE LEAD TRACK FROM A POINT ON THE EAST LINE OF FOCH STREET AND EXTENDING WESTERLY UPON AND ALONG SAID SHAMROCK AVENUE AND ACROSS ALL INTER- SECTING STREETS AND ALLEYS TO THE EAST LINE OF WIMBERLY STREET; AND GRANTING IT THE FURTHER BIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR SIDE TRACKS, SWITCHES AND SPUR TRACKS CONNECTING WITH SAID TRACK, AND CONNECTING WITH SAID RAILWAY COMPANY'S PRESENTLY EXISTING SHAMROCK AVENUE LEAD TRACK, AND TO BE CONSTRUCTED ALONG SAID SHAMROCK AVENUE AND EXTENDING TO THE NORTHERLY AND SOUTHERLY BOUNDARIES OF SAID SHAMROCK AVENUE AND ACROSS ALL INTERSECTING STREETS AND ALLEYS; SPECIFYING THE CONDITIONS OF SAID PERMIT, SPECIFYING AN EFFECTIVE DATE AND PROVIDING AN INDEMNITY AGAINST CLAIMS AND DAMAGES IN THE USE AND MAINTENANCE OF SAID EASEMENT. BE IT ORDAINED BY THE CITY OF FORT WORTH, TEXAS: SECTION I That the St. Louis, San Francisco and Texas Railway Com- pany, its successors and assigns, is hereby granted the right and privilege to construct, maintain, operate and repair a certain industrial or spur track constituting an extension of said Railway Company's presently existing Shamrock Avenue Lead Track and connecting therewith at a point on the east line of Foch Street and extending from the connection thereof with said Shamrock Avenue Lead Track in a generally westerly direction In and as nearly as practicable along the center of Shamrock Avenue and across all intersecting streets and alleys to the east line of Wimberly Street; and that said St. Louis, San Fran- cisco and Texas Railway Company is granted the further right and privilege to construct, maintain, operate and repair on each side of said above described tract (and in the portion of Shamrock Avenue to the west of the west end of said track) and connecting therewith, and also on each side of said Rail- way Company's presently existing Shamrock Avenue Lead Track and connecting therewith, side tracks and switches and spur tracks along and over said Shamrock Avenue and across all in- tersecting streets and alleys and to the northerly and souther- ly boundary line of said Shamrock Avenue; said side tracks and switches and spur tracks to be constructed from time to time and connected with said Railway Company's presently existing Shamrock Avenue Lead Track, or the extension thereof herein- above authorized, at such point or points as may be deemed by said Railway Company to be reasonably proper and convenient to provide trackage facilities and service to properties abut- ting on north and south lines of said Shamrock Avenue; and, likewise, said extension of said presently existing Shamrock Avenue Lead Track to be constructed in such portions and at such times as may be deemed by said Railway Company to be reasonably proper and convenient to provide such trackage facilities. SECTION 2 The grantee, St. Louis, San Francisco and Texas Railway Company, shall have the right to construct, maintain, operate and repair the railway track and the side tracks, switches and spur tracks in, along and over Shamrock Avenue and any and all intersecting streets and alleys as set out and described in the foregoing section hereof; and wherever any track con- structed pursuant hereto is in, on or through the portion of said Shamrock Avenue or of any such intersecting street or alley designated by the city officials now or hereafter as traveled portions thereof, such 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 pro- vided that the laying, repairing and construction of any track pursuant hereto 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 assigns, shall maintain the space between the rails of any said track and for two feet on each side thereof as near as may be prac- ticable with the tops of such track, and same shall be con- structed and maintained so as not to unnecessarily obstruct or endanger travel on said Shamrock Avenue or any said inter- secting street or alley, or any portion thereof; and the con- struction, maintenance and operation of any track pursuant hereto and of that portion of the street between the rails and for two feet on the outside of such rails shall be in ac- cordance with plans and specifications to be approved by the Director of Public Works or the City Engineer of the City of Fort Worth. Where any track constructed pursuant hereto passes In, along or through any portion of said Shamrock Avenue or of any said intersection street or alley designated by the proper officials of the City of Fort Worth as the traveled portion thereof, the said grantee, its successors and assigns, shall conform said track, 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 any said track and the materials between the rails and two feet on the outside thereof shall conform to the established grade and the materials used in the maintenance of the remaining portions of the street. SECTION 3 The said grantee, St. Louis, San Francisco and Texas Rail- way Company, its successors 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 expenses 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 or operation of any track, side track, switch, or spur track constructed pursuant hereto in, upon, or along said Shamrock Avenue, or any said inter- secting street or alley. 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: City Attorney ORDINANCE No Cg�z� Titl Date �_ ��✓ Filed �� Day of_ �i 19 City Secretary P.O.No.26449-U