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Ord 2559 12/16/1969 ORDINANCE NO. AN ORDINANCE GRANTING INDUSTRIAL DEVELOPMENT, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A RAILROAD SPUR TRACK CROSSING IN, UPON, OVER AND ACROSS MARKET STREET AND IN, UPON, OVER AND ACROSS COMMERCE STREET, BOTH TRACKS LOCATED IN SUB- DIVISION EXPRESSWAY EAST INDUSTRIAL DISTRICT, UNIT TWO, TRACT 1, TRACT 2, TRACT 3, AN AD- DITION TO THE CITY OF WICHITA FALLS, WICHITA COUNTY, TEXAS AND TO OPERATE THEIR TRAINS, ENGINES AND CARS THEREON; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : SECTION 1. That the Industrial Development, Inc. , and its successors and assigns be and it is hereby granted the right, privilege and franchise to construct, maintain and operate a railroad spur track crossing of ten feet (10 ' ) in width in, upon, over and across Market Street at Station 14 plus 09 on a bearing of South 77°43 ' West and a railroad spur track crossing of ten feet (10 ' ) in width in, upon, over and across Commerce Street at Station 16 plus 15 on a bearing of South 81°24' West and to oper- ate their trains, engines and cars thereon. Both said railroad spur track crossings are located in the dedicated Subdivision Expressway East Industrial District, Unit Two, Tract 1, Tract 2, Tract 3, an addition to the City of Wichita Falls, Wichita County, Texas. SECTION 2 . It shall be the duty of said Industrial Development, Inc. , its successors and assigns to, at all times, maintain at its expense said railroad spur track crossings be- tween the rails thereof and for two feet (2 ' ) on each side of said spur track crossing. SECTION 3. Said Industrial Development, Inc. , its successors and assigns shall save the City of Wichita Falls harmless from all damages, or claims for damage, resulting from the construction, maintenance and operation of said railroad spur track crossings constructed hereunder or resulting from any operation of cars thereon. SECTION 4. The right, privilege and franchise hereby granted is for a period of twenty-five (25) years from the date of the ordinance. SECTION 5. The fact that the making and construction of said railroad spur track crossings is being delayed pending the taking effect of the ordinance, and that the condition of such railroad spur track crossings endangers public health and safety constitutes and creates an urgent public necessity re- quiring that this ordinance be passed as an emergency measure and this ordinance is passed as an emergency measure and shall be in force and effect immediately from and after its passage. - 2 - PASSED AND APPROVED THIS the 16th day of December, 1969. A Y O R ATTEST: CITY CLERK