HomeMy WebLinkAboutOrdinance 2724 ORDINANCE NO.
AN ORDINANCE GRANTING THE TEXAS AND NEW ORLEANS RAILROAD
COMPANY THE RIGHT TO RECONSTRUCT, MAINTAIN, OPERATE AND
REPAIR A CERTAIN EXISTING SPUR TRACK IN, UPON AND ALONG
THE ALLEY ADJOINING BLOCKS 38, 39 AND 40, RYAN AND PRUITT
ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
AND IN, UPON AND ACROSS JONES, DEVITT AND GROVE STREETS
IN SAID CITY; SPECIFYING THE CONDITIONS OF SAID PERMIT;
SPECIFYING AN EFFECTIVE DATE; AND PROVIDING FOR IND24TITY
AGAINST CLAIMS AND DAMAGES IN THE USE AND MAINTENANCE OF
THE EASEMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That the Texas and New Orleans Railroad Company, its successors and
assigns, is hereby granted the right and privilege to reconstruct, main-
tain, operate and repair a certain existing industrial or spur track con-
necting with its main line of railroad in the City of Fort Worth, Texas,
in, upon and along the alley adjoining Blocks 38, 39 and 40, Ryan and
Pruitt Addition to the City of Fort Worth, Tarrant County, Texas, and in,
upon and across Jones, Devitt and Grove Streets in said City, the center
line of which said spur track shall be along the route particularly de-
scribed as follows:
Beginning on the southwest line of Railroad's property,
approximately two hundred ninety feet (290t) southeasterly
from the intersection of said property line with the south
line of Berry Street; thence southeasterly along a 12 degree
30 minute curve to the left, in, upon and alo the alley
adjoining Block 38 one hundred six feet (106t) to a point
six and 5/10 feet (6.5t) southwesterly at right angles from
Railroadts southwest property line; thence southeasterly,
parallel with said property line, in, upon and along the
alley adjoining Blocks 39 and 40 and in, upon and across
Jones, Devitt and Grove Streets, seven hundred forty-four
feet (740).
SECTION 2.
The grantee, Texas and New Orleans Railroad Company, shall have the
right to reconstruct, maintain, operate and repair an existing single line
of railroad track over, along and across said alley and streets as de-
scribed in the foregoing section hereof; and wherever the said track is
in, on or through the portion of said streets designated by the city offi-
cials now or hereafter as a travelled portion thereof, 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 En-
gineer of the City of Fort Worth, and it is expressly provided that the re-
construction and repairing of said existing 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 the 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 reconstructed and main-
tained so as not to unnecessarily obstruct or endanger travel on said alley
or streets or any portion thereof; and the reconstruction, maintenance and
operation of said track and of that portion of the alley and streets be-
tween 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
track passes in, along or through any portion of said streets designated
by the proper officials of the City of Fort Worth as the travelled portion
thereof, the said grantee, its successors and assigns, shall conform said
track, or any part thereof, to the proper grade of said streets, and shall
conform said track to the proper grade of said alley, making changes there-
of as often and whenever the grade of said alley or said streets is changed
by the officials of said City, so that all parts of said track and the ma-
terials between the rails and two (2) feet on the outside thereof shall
conform to the established grade and the materials used in the maintenance
to the remaining portion of the said alley and street or streets„
SECTION 3.
The said grantee, Texas and New Orleans Railroad 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 said 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 reconstruction, maintenance and operation
of said existing track in, upon, along and through said alley and streets.
SECTION 4<
That this ordinance shall take effect and be in full force and ef-
fect from and after the date of its passage, and it is so ordained.
APPROVED AS TO FORK:
Ci y Attorney
RDINANCE
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City Secretary
P. O.No.13697-R