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Ord 2583 4/13/1970 ORDINANCE NO. AO-3 ORDINANCE PERMITTING THE FORT WORTH AND DENVER RAILWAY COMPANY TO CLOSE AND ABANDON THE EXIST- ING FOURTH STREET GRADE SEPARATION AT THE RAIL- ROAD AMARILLO MAIN LINE WITHIN THE CITY OF WICHITA FALLS. WHEREAS, heretofore on September 2 , 1910, the Board of Aldermen of the City of Wichita Falls enacted Ordinance No. 139, directing and requiring the Fort Worth and Denver Railway Company to install an undergrade crossing under its tracks on Fourth Street; and, WHEREAS, the Board of Aldermen has now agreed that such undergrade crossing may be closed. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Fort Worth and Denver Railway Company is hereby authorized and permitted to close and abandon the existing Fourth Street grade separation at the Railroad Amarillo Main Line in Wichita Falls, Texas . This permission is conditioned upon the Railroad' s performance of the covenants hereinafter contained; acceptance of the benefits of this Ordinance shall evidence the agreement by said Railway Company to be bound by the covenants im- posed upon it herein. SECTION 2 . The Fort Worth and Denver Railway Company shall pay all the costs involved in the closing and abandoning of said grade separation, including the costs of the necessary recon- struction of streets and drainage improvements . SECTION 3. Plans and Specifications for this project shall be submitted to the Director of Public Works for the City of Wichita Falls, and must be approved by him prior to the abandon- ment of said grade separation and commencement of construction. All of the construction work shall be done in a good and workman- like manner, and in accordance with such Plans and Specifications. SECTION 4. Said Railway Company shall hold the City harmless from all claims or damages resulting from the construction of such project. SECTION 5. Once the construction work on this project has commenced, it shall be prosecuted with diligence to completion. PASSED AND APPROVED THIS the 13th day of April, 1970. )74114149-14 .4.4.42-.* M A Y O R ATTEST: CITY CLERK