HomeMy WebLinkAboutOrdinance 7424 ORDINANCE NO, r / Z- 4
AN ORDINANCE GRANTING THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY, A CORPORATION, THE RIGHT AND FRAN-
CHISE TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A
CERTAIN SPUR TRACK IN, ON AND ACROSS SAMUELS AVENUE
IN THE CITY OF FORT WORTH, TEXAS, AS AUTHORIZED BY
CHAPTER XXVII OF THE CHARTER OF THE CITY; PROVIDING
FOR INDEMNITY AGAINST CLAIMS AND DAMAGES IN THE EN-
JOYMENT OF SAID FRANCHISE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That the Atchison, Topeka and Santa Fe Railway Company,
a corporation, be and it is hereby granted the right, privilege
and franchise as authorized by Chapter XXVII of the Charter of
the City, to construct, maintain, operate and repair a spur
track across Samuels Avenue in the City of Fort Worth, Texas,
for a period of 25 years from the date of adoption hereof,
the description of said spur track being as follows:
Beginning at a point in the east line of Samuels
Avenue, said point being 139.36 feet S 36 degrees 03
minutes E from the northwest corner of Block 10,
Riverside Gardens Addition, said point also being the
intersection of the east line of Samuels Avenue and
the south line of East North loth Street;
Thence S 77 degrees 54 minutes W across Samuels
Avenue 76.6 feet to a point in the west line of Samuels
Avenue;
Thence S 36 degrees 03 minutes E along the west
right of way line of Samuels Avenue 16.41 feet to a
point;
Thence north 77 degrees 54 minutes E 76.7 feet
to a point, said point being in the east right of way
line of Samuels Avenue;
Thence N 36 degrees 03 minutes W along the east
right-of-way line of Samuels Avenue 16.41 feet to the
point of beginning.
The above described easement and franchise is shown on
a print attached hereto, marked Exhibit "A" and expressly made
a part hereof.
SECTION 2.
That the Atchison, Topeka and Santa Fe Railway company,
shall have the right to construct, maintain, operate and repair
the spur track as set out and described in Section 1 hereof,
for a period of 25 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
spur track pursuant hereto shall be conditioned upon the approval
of the Director of Public works of the City of Fort Worth.
It is further provided that the Atchison, Topeka and Santa
Fe Railway company, 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 that the
City of Fort Worth finds it necessary to place in, through, upon
and across Samuels Avenue any water, sanitary sewer, storm drain
or other public utility lines or facilities, or to improve
Samuels Avenue, the Atchison, Topeka and Santa Fe Railway Company
shall, at its own cost and expense, remove or relocate such track
-2-
in such a manner so as not to interfere with the construction
and maintenance of such lines, facilities or public work of
the City of Fort Worth.
SECTION 3.
That the Atchison, Topeka and Santa Fe Railway Company,
its successors and assigns, does hereby covenant and agree
to indemnify, defend and save harmless the City of Fort Worth
from and against any and all suits, claims for damages, judg-
ments and all 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 proximately caused by
or arising from and out of the construction, maintenance or
operation of said spur track constructed pursuant hereto in,
upon or along Samuels Avenue.
SECTION 4.
This franchise 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 Atchison, Topeka and Santa
Fe Railway Company and its publication as required under Chapter
xxvii of the charter of the City of Fort worth, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
A00011
0 ere, rt4vAo
City Attorney
ACCEPTED:
ATCHISON, TOPE-_- AND SMMIA FE
The A.T.&S.F.Ry.Co. RAILWAY COM
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1)"18PriPtion Approved
By:
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For AGJVJ. ��,,rjg �
Weaterzi Lines ASSISTANT TO 5MU,ki %1ArM.Gf1
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Southwest Surveying & Mapping, Inc.
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1721 MCCLELLAN COURT
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EXHIBIT "A"
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Railroad Spur Crossing of PAGE
NUMBER Samuels Avenue for Northpark Business
10/4/76 C-3543 Center I of
In connection with the development of Northpark Industrial Addition, it is
proposed by the developer to build a spur track from the Santa Fe tracks
south of Northside Drive to the industrial park which is bounded by North-
side Drive, Samuels Avenue, and the Trinity River. The spur will require
a grade crossing on Samuels Avenue just south of East North loth Street.
The Atchison, Topeka and Santa Fe Railway Company has requested that the
City grant an easement by ordinance for the spur track crossing. No part
of the cost will be borne by the City of Fort Worth,
Recommendation
It is recommended that an ordinance be adopted granting the Atchison, Topeka
and Santa Fe Railway Company an easement across Samuels Avenue for a spur
track crossing.
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SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
Z, APPROVED ❑ OTHER (DESCRIBE) w
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rA ` KJ Vo t /a c1� IV �Z4- CITY SECRETARY
i DATE
CITY MANAGER