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HomeMy WebLinkAboutOrdinance 2908 DCT-3.I t95] ORDINANCE NO. 2 �� AN ORDINANCE GRANTING THE ST. LOUIS-SAN FRANCISCO & TEXAS RAILWAY CCMPANY THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS SHAIMO CK 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 M USE AND MAINTENANCE OF SAID EASEMENT. BE IT ORDAINED BY THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the St. Louis-San Francisco & 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: Said proposed track is to extend in a general south- easterly and northwesterly 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 with the center line of the Shamrock Avenue lead track of aforesaid Railway Company, thence northwesterly and west- erly along said lead track 439.81 feet to point of beginning, thence easterly and southeasterly on curve to the right with radius of 235.42 feet, 42.54 feet, thence on tangent to last described curve 5.5 feet, thence on curve to the right with radius of 231.01 feet, 92.52 feet to south line of Shamrock Avenue. SECTION 2. The grantee, St. Louis-San Francisco & 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 s 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 pro- vided 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 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 offi- cials of the City of Fort Worth as the traveled portion of said street, the said grantee, its successors and assigns, shall con- form 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 & Texas Railway Company, its successors and assigns does agree to indemnigy and save harmless the City of Fort Worth from any and all damages, claims, judgments, and other costs and expanse recovered against r 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.