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HomeMy WebLinkAboutOrdinance 7518 ORDINANCE NO. AN ORDINANCE GRANTING THE FORT WORTH AND DENVER RAILWAY COMPANY, A CORPORATION, THE RIGHT AND FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR CERTAIN SPUR TRACKS IN, ON AND ACROSS DEEN ROAD IN THE CITY OF FORT WORTH, TEXAS, AS AUTHORIZED BY CHAPTER XXVI*OF THE CHARTER OF THE CITY; PROVIDING FOR INDEMNITY AGAINST CLAIMS AND DAMAGES IN THE ENJOYMENT OF SAID FRANCHISE; AND PROVIDING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Fort Worth and Denver Railway Company, a corporation, is hereby granted the right, privilege and franchise as authorized by Chapte XXVII of the Charter of 4 the City to construct, maintain, operate and repair two spur tracks across Deen Road in the City of Fort Worth, Texas, for a period of twenty-five years from the date of the adoption hereof, the two 30 foot easements for crossings being described as follows: Two right-of-way parcels for proposed Fort Worth and Denver Railway Company tracks to be constructed across Deen Road. One track will cross Deen Road at a point approximately 150 feet north of the most easterly, northeast corner of Lot 17, Block 33 of Sabine Place Addition as said Lot appears on the plat of said Addition recorded in the plat records of Tarrant County, Texas. The second track will cross said Deen Road at a point approximately 250 feet north of said easterly, northeast corner of said Lot 17. The two (2) rights-of-way granted in this instrument shall each be 30 feet in width, each extending 15 feet either side of the center line of the proposed track as said tracks exist after being constructed, and said 30 foot right-of- way strips shall extend across Deen Road from the easterly right-of-way to the westerly right-of-way of said Road. SECTION 2. The grantee, Fort Worth and Denver Railway Company, shall have the right to construct, maintain, operate and re- pair the spur tracks as set out and described in the foregoing section hereof, for a period of twenty-five years from the date of the adoption of this ordinance by the City Council. Such track shall be maintained at such grade or grades as may be designated by the Director of Public Works of the City of Fort Worth, and it is expressly provided that the laying, repairing and constructing of any track pursuant hereto shall be subject to the approval of the Director of Public Works 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 even with the tops of such track, as near as may be practicable, so that all parts of said track and the materials between the rails and two feet on the outside thereof shall conform to the established grades. In the event the City of Fort Worth finds it necessary to Place in, through, upon and across Deen Road any water, sanitary sewer, storm drain or other public utility lines or facilities, the said grantee shall, at its own cost or expense remove or relocate such spur track in such a manner so as not to interfere with the construction and maintenance of such lines or facilities of the City of Fort Worth. 2- SECTION 3. The said grantee, Fort Worth and Denver Railway Company, its successors and assii s, does hereby covenant and agree to indemnify, save harmless and defend the City of Fort Worth from and against any and all suits for damages, claims, judgments and other costs and expenses incurred by, recovered against or paid by the City of Fort Worth by reason of injuries or damages to either persons or property proxi- mately caused by or arising from and out of the construction, maintenance or operation of said spur track constructed pur- suant hereto, in, upon or along Deen Road. SECTION 4. Grantee covenants and agrees to construct and main- tain at its sole cost and expense any and all signal devices for the protection of vehicular traffic crossing said spur tracks deemed necessary by the City of Fort Worth. SECTION 5. That this ordinance shall take effect and be in full force and effect from and after the date of its passage, by the City Council, its acceptance by the Fort Worth and Denver Railway Company and its publication as required under Chapter of the Charter of the City of Fort Worth, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: RECOMENDED: 3-cr, Chief Engineer City Attorney ACCEPTED: DATE: e"" _ FORT WORTH AND DENVER RAILWAY COMPANY By: 1 -3- 1p" .V City of Fort Worth, Vexes UNE BAILIFF Mayor a and Council ncil Communication GRAHAM DATE REFERENCE SUBJECT: Fort Worth and Denver Spur Track PAGE HUM,a" NUMBER SANT_­ 3/14/77 G-3357 lof Modification on Deen Road 1 On ,June 25, 1973 ( M&C G-2214 ) , the City Council adopted Ordinance No. 6852 granting the Fort Worth and Denver Railway Company permission to cross Deen Road with two spur tracks. The Fort Worth and Denver is now in the process of improving its facilities at its North Yard in Fort Worth and has requested permission to relocate the two tracks authorized under Ordinance No. 6852, connecting them with other spur crossings for a net reduction in the number of spur tracks crossing Deen Road in this area. The signalization of the crossings will be accomplished by the Railroad when track changes are complete and when engineering of the signal protection has been accomplished. The Planning, Traffic Engineering, and Public Works Departments have no objections to the crossing relocations. It is proposed that an ordinance be adopted to permit the track relocations encompassing the following points: 1. The Grantee shall have the right to construct, maintain, operate and repair the spur tracks. 2. The Grantee shall maintain the crossing at a grade conforming to established grades. 3. The Grantee shall be responsible for removal or relocation of the spur tracks in the event of the need to install any public utility, water, sewer or storm drain lines in Deen Road. 4. The City shall have no liability caused by the con- struction maintenance, or operation of the spur tracks upon Deen Road. Recommendation It is recommended that an ordinance be adopted granting the Fort Worth and Denver Railway Company permission to relocate two spur tracks crossing Deen Road as described above. GG:vm SUBMITTED BY: DISPOSITIO BY COUNCIL: PROCESSED BY ADOPTED DVED [I ORMANICE OTHER�ESCR�B `yj'�� CI� SECRETARY_ 9 DATE CITY MANAGER �4- 3/1,,c (-7 7