HomeMy WebLinkAboutOrdinance 3725 ORDINANCE NO.� �
AN ORDINANCE GRANTING THE FORT WORTH AND DENVER RAILWAY CCMPANY THE
RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR
TRACK IN, ON AND ACROSS 29TH STREET IN THE CITY OF FORT WORTH, TEXAS,
AND PROVIDING THE SAID ORDINANCE BE INKMIATELY EFFECTIVE AND PRO-
VIDING FOR INDEMNITY AGAINST CLAIMS AND DAMAGES IN THE ENJOMENP OF
SAID EASEMEM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TFUAS:
SECTION 1.
That the Fort Worth and Denver Railway Caupany be and it is hereby
granted the right aid privilege to construct, maintain, operate and repair
an extension of its presently existing industrial spur track in the City of
Fort Worth, Texas, in, on and across 29th Street in said City, the center
line of said spur track crossing the south line of 29th Street at a point
108.1 feet east of the intersection of the FWO Railway Company's main track
centerline, as now located, with said south line of 29th Street, continuing
northerly crossing the north line of 29th Street at a point 100.5 feet east
of said main track center line.
SECTION 2.
The grantee, Fort Worth and Denver Railway Company, shall have the right
to construct, maintain, operate and repair the railway track and the side
track or tracks, switches and spur tracks in, along and over 29th Street as
set out and described in the foregoing section hereof; and wherever any track
constructed pursuant hereto is in, on or through the portion of 29th Street
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 provided 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 said track and for two
feet on each side thereof as near as may be practicable with the tops of such
track, and same shall be constructed and maintained so as not to unnecessarily
obstruct or endanger travel on said 29th Street or any intersecting streets or
alleys, or any portion thereof; and the construction, maintenance and operation
of any track pursuant hereto and of that portion of the streets between the
rails and for two 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, Texas:f Where any track constructed
pursuant hereto passes in, along or through any portion of 29th Street 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 rzoper grades of said streets, making changes thereof as
often and whenever the grades of said streets are 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 grades
and the materials used shall be plank for full width of roadway plus 10 feet.
SECTION 3.
The said grantee, Fort Worth and Denver 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 expenses re-
covered 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 29th Street, or
any said intersecting streets or alleys.
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:
a -o
As stant City Attorney
ORDINANCE
No. � 5
Title ` �Z
lj .
Adoptedv
Final Adoption
Published
Filed i Da.y of
City-Secretary
P. 0.No.42978-U