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HomeMy WebLinkAboutOrdinance 2881 z8 ORDINANCE N0, AN ORDINANCE GRANPING THE ST. LOUIS, SAN FRANCISCO AND TEXAS RAILWAY COMPANY THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS VACEK STREET AND TILUAR STREET IN THE CITY OF FORT WORTH, TEXAS, -SPECIFYING TIM CONDITIONS OF SAID PE RESIT, SPECIFYING AN EFFECTIVE DATE AND PROVIDING AN INDFAMITY AGAINST CI,An S AND DAMAGES IN TEE USE AND MAINTENANCE OF SAID RASE ENT. BE IT ORDAINED BY THE CITY OF FORT WORTH TEXAS: SECTION 1. That the St. Louis, San Francisco and Texas Railway Company, its successors and assigns, is hereby granted the right and privilege to construct, maintain, operate and repair certain industrial or spur track connecting with its main line of Railroad and other spur tracks in the City of Fort Worth, described as follows: (1) Said proposed track is to extend in a general easterly and westerly direction in Tiller Street and Vacek Street, center line of said track being more particularly described as follows: Commencing at the intersection of the east line of Rupert Street with the north line of White Settlement Access Road; thence northerly along said east line 363 feet to center line of said Railway Company's track serving Bailey Warehouse No. 4; thence southwesterly and westerly along said track No. 4, 962.5 feet; thence southwesterly on curve to the left, with radius of 461.11 feet, 3.4 feet to point of beginning; thence continuing on last described curve 117.2 feet; thence on curve to the right with radius of 461.11 feet, 120.6 feet; thence westerly on tangent to last described curve, parallel with and 8.5 feet perpendicularly distance in a northerly direction from the south line of said Tiller Street 114.2 feet to the end. SECTION 2. The grantee,St. Louis, San Francisco and Texas Railway Company, shall have the right to construct, maintain, operate and 1. repair the line of railway 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 traveled 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 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 W be practicable with the tops of any of such tracks, and same shall be constructed and maintained so as not to unnecessarily obstruct or endanger travel on said streets or any portion thereof; and the construction, maintenance and operation of said track and of that portion of the streets between rails and for two (2) feet on the outside of such rails shall be in accordance with plans and speoifioatioxa to be approved by the Director of Public Works or the City Engineer of the City of Fort Worth. Where said tracks pass in, along or through any portion of said streets designated by the proper officials of the City of Fort Worth as the traveled portion of said streets, the said grantee, its successors and assigns, shall conform said tracks, 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 tracks and the materials between the rails and two (2) feet on the out.Vide thereof shall conform to the established grade and the materials used in the maintenance to the ranaining portion of the street or streets. 2. SECTION 3. The said grantee, St. Louis, San Francisco and Texas 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 expense recovered 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, and operation of said tracks in, upon, along and through said streets. 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 FOIN: City Attorney. 3. Fort Worth, Texas May 12, 1 9 5 1 Hon. City Council of the City of Fort Worth, Port Worth, Texas Gentlemen: St. Louis, San Francisco and Texas Railway Company respectfully prays leave to construct, maintain, operate and repair a certain industrial or spur track over and along Tillar Street and Vaoek Street in the City of Fort Worth, in order to serve certain industries in the Bailey industrial addition to the City of Fort Worth. There is attached hereto proposed Ordinance and Map, which show the area and track involved to which proposed Ordinance and the Blue Print Map reference is here made for a description and the proposed location of the trackage. A necessity exists for the construction and maintenance of said track, in order that the industries it will serve in said area may have rail connection. Respectfully submitted. ST. LOUIS, IHCQ & TEXAS RAILWAY CO. By: -So raManager I