HomeMy WebLinkAboutOrdinance 2902 4 �
ORDINANCE NO. 2'f42-'_
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 ACROSS TILLAR STREET IN THE CITY OF
FORT WORTH, TEXAS, SPECIFYING THE CONDITIONS OF
SAID PERMIT, SPECIFYING AN-EFFECTIVE DATE AND
PROVIDING-AN INDEMNITY AGAINST CLAIM AND DAMAGES
IN THE USE AND 11INTENANCE OF SAID EASEMENT.
BE IT ORDAINED BY THE CITY OF FORT WORM, 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 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 track is to extend in a general easterly
and westerly direction in Tillar Street, center line of said
track being more particularly/MPRAAs: Commencing at the inter-
section of the northerly and southerly production of the west line
of Vacek Street and the center line of said Railway Company' s
Tillar Street Lead Track; thence westerly along said Lead Track
48.2 feet to point of beginning; thence, continuing on last
described course, 318.3 feet; thence on curve to the right, with
radius of 461.11 feet, 120.62 feet; thence, on curve to the right,
with radius of 461.11 feet, 120.62 feet, thence on tangent to last
described curve, parallel with and 8.5 feet perpendicularly distant
in a southerly direction from the north line of said Tillar Street
200.2 feet to the end.
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 describ-
ed 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
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Director of Public Works or the City Engineer of the City of
Fort Worth, and it is expressly provided that the laying, repair-
ing and construction of said spur track shall be under the super-
vision 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 any 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 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
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
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