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HomeMy WebLinkAboutOrdinance 3233 o i ORDINANCE NO. 3 3 AN ORDINANCE GRANTING THE FORT WORTH AND DENVER RAILWAY COMPANY THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS HAYS AND 29TH STREETS IN THE CITY OF FORT WORTH, TEXAS, AND PROVIDING THE SAID ORDINANCE BE IMMEDIATELY EFFECTIVE AND PROVIDING FOR INDEMNITY AGAINST CLAIMS AND DAMAGES IN THE ENJOYMENT OF SAID EASEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY _OF FORT WORTH, TEXAS: SECTION 1. That the Fort Worth and Denver Railway Company be and it is hereby granted the right and privilege to construct, maintain, operate and repair a certain industrial or spur track connecting with its main line of railway in the City of Fort Worth, Texas, in, on and across Hays and 29th Streets in said City, the center line of said spur track crossing the east line of Hays Street approximately 25 feet west of and 75 feet north of the intersection of Fort Worth and Denver Rail- way Company main track with the north line of 29th Street, crossing the intersection of Hays Street with the north line of 29th Street approximately 56 feet west of said main track center line and crossing the south line of 29th Street, ap proximately 88 feet west 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 Hays and 29th Streets 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 Hays and 29th Streets 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 En- gineer 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 Hays and 29th Streets 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. Where any track constructed pursuant hereto passes in, along or through any portion of said Hays and 29th Streets 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 proper 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 in the maintenance of the remaining portions of the streets. 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 recovered against or paid by the City of Fort Worth by reason of in- ,juries or damage to either persons or property proximately caused by or arising from and out of the construction, main- tenance or operation of any track, side track, switch, or spur track constructed pursuant hereto in, upon or along said Hays and 29th Streets, 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: QLQO.� City Attorney ORDINANCE N® 211E 3 j Titl Adopte Filed ;. " Day of > 19 (2f�)21 rty secretary P.O.No.9713-T