HomeMy WebLinkAboutOrdinance 2733 ORDINANCE NO. / 3
AN ORDINANCE GRANTING THE TEXAS AND NEW ORLEANS RAIL-
ROAD COMPANY THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE
AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS RAMSEY
STREET AND JESSAMINE STREET IN THE CITY OF FORT WORTH,
TEXAS; SPECIFYING THE CONDITIONS OF SAID PERMIT; SPECI-
FYING AN EFFECTIVE DATE; AND PROVIDING FOR INDEMNITY
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 construct,
maintain, operate and repair a certain industrial or spur track connect-
ing with its main line of railroad in the City of Fort Worth, Texas, in,,
on and across Ramsey Street and Jessamine Street in said City. Said pro-
posed spur track is to extend across Ramsey Street approximately 30 feet
east of the Texas and New-Orleans Railroad Company's main line track in
said City and across Jessamine Street approximately 40 feet east of said
railroad company's main line track.
SECTION 2.
The grantee, Texas and New Orleans Railroad Company, shall have
the right to construct, maintain, operate and repair a single line of
railroad track over, along and across said streets as described in the
foregoing section hereof; and wherever the said track is in, on or
through the portion of said streets designated by the city officials now
or hereafter as travelled portions of said streets, 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 provided
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 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 con-
structed and maintained so as not to unnecessarily obstruct or endanger
travel on said streets or any portion thereof; and the construction, main-
tenance and operation of said track and of that portion of the streets
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 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 of said streets, the said grantee, its successors and
assigns, shall conform said track, or any part thereof, to the proper grade
of said streets, making changes thereof as often and whenever the grade
of said streets is changed by the officials of said City, so that all
parts of said track and the materials between the rails and two (2) feet
on the outside thereof shall conform to the established grade and the ma-
terials used in the maintenance to the remaining portion of the street or
streets.
SECTION 3.
The said grantee, Texas and New Orleans Railroad 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 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 construction, maintenance and
operation of said track in, upon, along and through said 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 ordainede
APPROVED AS TO FORM:
City Attorney
ORDINANCE
No.
Files Le� Day of oy�c�,
City Secretary