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Home My WebLink AboutOrdinance 2914 JAZ/ -A&9/3. ORDINANCE NO. Z- 1 AN ORDINANCE GRANTING THE ST. LOUIS-SAN FRANCISCO & TEXAS RAILWAY COMPANY THE RIGHT TO CONSTRUCT, , MAINTAIN, OPERATE AND REPAIR A CERTAIN SFUR. TRACK IN, ON AND ACROSS TILLAR STREET IN THE CITY OF FORT WORTH, TEXAS, SPECIFYING THE CONDITIONS OF SAID PERMIT, SPECIFYING AN EFFECTIVE DATE AND PROVIDING AN INDEMNITY AGAINST CLAIMS AND DAMAGES IN THE USE AND 1AINTENANCE OF SAID EASEMENT. BE IT ORDAINED BY TEE CITY OF FORT WORTH, TEXAS: SECTION 1. That the St. Louis-San Francisco & 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 it5main 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 Tillar Street, center line of said track being more particularly described as follows: "Commencing at the intersection of the northerly and southerly production of west line of Vacek Street and the center line of said Railway Company's Tillar Street Lead Track; thence, westerly along said lead track 369.9 feet to point of beginning; thence continuing on last described course, 296.16 feet, thence on curve to the left, with radius of 461.11 feet, 120.62 feet, thence on curve to the right with radius of 461.11 feet, 120.62 feet, thence westerly on tangent to last described curve, parallel with and 8.5 feet perpendicularly distant in a northerly direction from the south line ,ot said Tillar Street, 34.7 feet to the end." SECTION 2. The grantee, St. Louis-San Francisco & Texas Railway Company, shall have the right to construct, maintain, operate and repair the line of railway track over, along and across said street as described in the fbr egoing section hereof; and wherever the said track is in, on or through the portion of said street designated by the City Officials now or hereafter as traveled portions of said street, 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 may 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 street or any portion thereof; and the construction, maintenance and operation of said track and of that portion of the street 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 tracks pass in, along or through any portion of said street designated by the proper officials of the City of Fort Worth as the traveled portion of said street, the said grantee, its successors and assigns, shall conform said tracks, or any part thereof, to the proper grade of said street, making changes thereof as often and whenever the grade of said street 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 outside thereof shall conform to the established grade and the materials used in the maintenance of the remaining portion of the street. SECTION 3. The said grantee, St. Louis-San Francisco & 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 street. SECTION J+. 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: 1 y Attorney orney Ov' o ,o � � > W Q m u W Q F- ''� X IX H O X (n f� W m W W — w w � O F- (f) co W F' F- 0 N o uzo O tn < O aM z0N < V � z } ma,s V F- z < Q < z J m J x¢ <O O 0. 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