HomeMy WebLinkAboutOrdinance 2901-A ORDINANCE NO. f'
AN ORDINANCE GRANTING THE ST. LOUIS-SAN FRANCISCO
AND 'TEXAS RAILWAY COMPANY THE RIGHT TO CONSTRUCT,
MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK
IN, ON.AND ACRQSS SHANROCK.AVENUE IN.THE CITY OF
FORT WORTH, TEXAS, 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 1.
That the St. Louis-San Francisco and Texas Railway Company,
its successors and assigns, is hereby granted the right and
privilege to construct, maintain, operate and to repair certain
industrial or spur track connecting with its main line of
Railroad and other spur tracks in the City of Fort Worth,
described as follows:
(1) Said proposed spur track is to extend in a general
easterly and westerly direction in Shamrock Avenue, center line
of said track being more particularly described as follows:
Commencing at the intersection of the east line of Rupert Street
and the center line of Shamrock Avenue lead track of the
St. Louis-San Francisco and Texas Railway Company; thence
westerly along center line of said lead track 589.6 feet; thence
northwesterly on curve to the right with radius of 461.11 feet,
3.4 feet to point of beginning; thence continuing on last
described curve 189.6 feet to the north line of Shamrock Avenue.
SECTION 2.
The grantee, St. Louis-San Francisco and Texas Railway
Company, shall have the right to construct, maintain, operate
and repair the line of railway track over, along and across said
street as described in the foregoing section hereof; 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
portions 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 construction 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 assigns, 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 such tracks, and same shall be constructed and maintained so
as not to unnecessarily 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 specifications to
be approved by the Director of Public Works or the City Engineer
of the City of Fort Worth. Where said1tracks 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 remaining portion of the street.
SECTION 3.
The said grantee, St. Louis-San Francisco and Texas Railway
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 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:
City Attorney