Loading...
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