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HomeMy WebLinkAboutOrdinance 4331 OFFICIAL RECORD ORDINANCE N0. .3�/ CITY SECRETARY AN ORDINANCE GRANTING TEXAS INDUSTRIES, INC., DBA FORT WORTH FT. WORTH, TEX. SAND AND GRAVEL COMPANY, THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE AND REPAIR A CERTAIN SPUR TRACK IN, ON AND ACROSS IRENE DRIVE ADJACENT TO LOTS 15, 16 AND 17, BLOCK 15, ALTA MERE ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS; PROVIDING FOR INDEMNITY AGAINST CLAIMS AND DAMAGES IN THE EN- JOYMENT OF SAID EASEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Texas Industries, Inc., dba Fort Worth Sand and Gravel Company, be and it is hereby granted the right and privilege to construct, maintain, operate and repair a spur track across Irene Drive adjacent to Lots 15, 16 and 17, Block 15, Alta Mere Addition to the City of Fort Worth, Tarrant County, Texas, said spur track to cross Irene Drive and enter said Lot 17, connecting -with the existing government-owned Convair spur which presently occupies a large portion of Irene Drive. SECTION 2. The grantee, Texas Industries, Inc., dba Fort Worth Sand and Gravel Company, shall have the right to construct, maintain, operate and repair the spur track as set out and described in the foregoing section hereof, but if said track constructed pursuant hereto in, on or through Irene Drive shall hereafter be designated by City officials as a traveled portion, such track shall be maintained at such grade or grades as grantee 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 lay- ing, repairing and constructing of any track pursuant hereto shall be subject to the approval 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,therails 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 Irene Drive any nater, sanitary sever, storm drain or other public utility lines or facilities, the said grantee, Texas In- dustries, Inc., dba Fort Worth Sand and Gravel Company, shall, at its ovn 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 fa- cilities of the City of Fort Worth. SECTION 3. The said grantee, Texas Industries, Inc., dba Fort Worth Sand and Gravel Company, its successors and assigns, does agree to indemnify and save harmless the City of Fort Worth from any and all damages, claims, judg- ments and other costs and expenses 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, mainte- nance or operation of said track constructed pursuant hereto in, upon or along Irene Drive. SECTION . 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 AND LEGALI City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. � t I � , ul L f j ! J f ' I t I C% i =AV ZIC>Bbb f ! i � t I ' i, o N 2' ` l k � 11 i 0j C O i q Q I ii t ww4; a�i o o N �I Lj 3 tL p �f >IUui ; o o ISI IQ �I Lq v Yi W i r I KI \` I Ir ai f to i i � E t i E I ti ® i I I l CITY OF FORT WORTH"'"`; car, L`"s`'aa TEXAS RECOR- OFFICE OF THE CITY MANAGER Communication to Mayor and Council N 3� Vag a July 15, 1960 f T. TEX. , Honorable Mayor and Members of the City Council Re: Construction of a Spur City of Fort Worth Track across Irene Drive Mrs. McKnight and Gentlemen: The City of Fort Worth has received a request from Texas Industries, Inc. for the construction of a spur track across Irene Drive to serve the Fort Worth Sand and Gravel Companies', Ridglea Ready-Mix Plant located on Lots 6, 7, 17, 18 and 19, Block 15 of Alta Mere Addition. The proposed spur track is to connect with the existing government owned Convair spur which presently occupies a large portion of Irene Drive. Inasmuch as the pro- posed spur will connect with the government spur, rather than to trackage owned by a railroad company, authorization for construction of this spur track across Irene Street will be granted to Texas Industries, d.b.a. Fort Worth Sand and Gravel Company. The Public Works Department has investigated this request and has found that Irene Drive is not open to the public; and that the construction of this spur track will not conflict with existing or proposed improvements. It is recommended that the necessary ordinance be adopted for the authoriza- tion of a spur track across Irene Drive, adjacent to Lots 15, 16 and 17, Block 15, Alta Mere Addition. Respectfully submitted, LPCIh i a City Manager CITY OF FOF.T TEAS THE SUBJECT '" - 0 -S M.&C.C. WAS `. 10 "_'Y G ._;._1CIL WAS ED Cg ecro-cary