Ord 938 9/26/19270.FDIl,TAlXCE NO. q 3
AN ORDINANCE GRANTI'Nla THE MISS OUaI-KANBAS-TEXAS
RAILIROAD 0,314PANY '-F TEXAS, A RAILI7AY CORPORATI�,_-N, ITS
L :
SUCCESS3RS Al'�D ASSIGNS, TH�i, PRIVILEGE, RIGHT AND FRAN-
CHISE I L
T
,,SE O C�";'.TSTRUCT 11AINTAIN AND OPERATE CERTAIN RAIUINAY
i.
TRACK OR TRACKS -`VER, UP,011,7 A,,!D ACRDSS, PECANI, STREET, BEGINNING
AT A POI1:1T AT THE SOUTHEAST 0OR24TER OF THE INTERSECTION OF
VIRGINIA AVENUE AND PECAN STREET, RUT.'7III- THEl',TCE EAST ON
i
'SCAN STREET TO A DISTANCE OF 944 LINEAL FEET T' A POINT
121L LINEAL FEET EAST OF THE SOUTHEAST CORNER OF THE INTER-
SECTION OF CALIFORNIA AVENUE AND PEOATT STREET, ALL "711THIN
THE CITY LIMITS AND CORPORATE LIMITS OF THE CITY OF 7ICHITA
.1
L,ALLS, STATE OF TEXAS, AND GIVIl'-,""TO SAID MISSOURI-KANTSAS-
� I
TEXAS RAILROAD COMPANY OF Tl✓XAS, ITS ASSIGNS AND SUCCESSORS
THE PRIVILE1131E, RIGHT AND FRANOHISE TO COIL TSTRUCT, MAINTAIN
AND OPERATE CERTAIN RAILz17AY TRACK AND TRACKS 77ER THAT
PART OF SAID PECAN STREET, AND CONFIRMING AND RATIFYING ANY
TRACK OR TRACKS HERETOFORE CONbTRUICTED BY THE ITISSOURI-
o�
KANSAS -TEXAS RAILROAD 00111PANY OF TEXAS, INCLUDING THE
I A.
DIRECTOR GENERAL THEREOF, 7MIO:RHAVE BEEN HERETOFORE 00,1111-
STRI'TCTED, 111AINIAINED AND OPERATED OVER, UPON AND ACROSS
SAID PECAY STREET, lrITH CONDI'rfa"Ts.
BE IT ORDAIINTED BY THE BOARD OF ALDER!IEN OF THE CITY
T`XAS A'.TD ACTING FOR THE CITY OF 74"ICHITA
OF '-7'ICHI'TLA FALLS, J.
FALLS, TEXAS:
SECTIC71 1: The Railroad
COM-Dany o-,-" Texas, a corporation, its assigms and saccessors,
are hereby granted the right, -power, privileo•e and- franchise
to construct, maintain and operate a, railway track over the
1---"- 7((,
hereinafter mw(ied street, described, to -wit:
--e tracks over, upon and across Pecan Street in the
City of -Tichita Falls, Tichita County, Texas, Beginning at
a point at the Southeast, corner of the intersection of
U
Viro-inia Avenue and Pecan Street runnin>� thence East on
L)
Pecan Street to a distance of 944 lineal feet to a point
124 lineal feet East of the Southeast corner of the inter-
section
nter-
section /of C ii f ornia Avenue c-iud Pecan t reetA-P ��
04"/- /e •
SEC T I CY 2: The construction, maintenance and oper-
ation of any and all track or trac�.s which the said L issouri-
Kansas-Texas Railroad Company of Texas, or its assigns and
successors, have heretofore constructed over, upon and
across said pecan Street, is hereby confirmed and ratified
in every manner and way by said City of '-Vichita. Falls,
Texas, The said Missouri -Kansas -Texas Railroad Company of
Texas, its successors and assigns, are liven the right,
pri-kilege and franchise to maintain and. operate any and all
track and_ tracks heretofore constructed by any one for the
said Missouri -Kansas -Texas Railroad Company of Texas, over,
upon and across said Pecan Street, it being the express in-
tention hereby to fully* ratify in every manner and way the
previous construction, operation and maintenance of any and
all track or tracks heretofore constructed by the Tv;is,souri-
Kansas-Texas ]Railroad Company of Texas, _>r the Director
General thereof, or any one else which may have ir: L -,y
manner or way been constructed, maintained and operated
over, upon and across said Sheet prior to the adoption of
this ordinance.
SECTION 3: Be it further ordained, that the right,
periission and authority hereby granted to the Missouri -
Kansas -Texas Railroad Company of Texas, its successors,
assigns, lessees, and receivers is subject ta the following
conditions, to -wit:
(a.) The said Missouri-Kar_sas-Texas Railroad Company
of Texas, its successors, assigns, lessees and receivers
shall hold. the City of 7fic Rita Falls, Texas, harmless from
cny and all claims for damages, whether for personal injury
to persons or damage to property arising by reason of the
construction of said sidetrack, or by reason of the opera-
tion of cars or trPins thereupon.
(b) The 'Ii ssour i -Kansas -Texas Railroad Com-oany
of Texas, its successors, assigns, lessees and receivers
shall construct and maintain all necessary crossings across
said street where said track is laid under the supervision
and direction of the Board of Aldermen of the City of
Texas, and the City Engineer of said City.
�Yicnita Falls,
(c) The ?:,Iissouri-Ka nsas-Texas Railroad Co:ilpan.y of
Texas, its successors, lessees,assigns and receivers shall,
if required to do so, or by resolution of the Board of
Aldermen of the said City of T',ichita Falls, Texas, erect and
maintain Suitable street lights upon the street used and
crossed by said trpck herein mentioned.
(d) The said Missouri -Kansas -Texas Railroad Com-
pany of Texas, its successors, lessees, assigns and receivers
shall in the event the said City of yic.,its. Falls, Texas, at
arty time hereafter desires to pave said street occupied by
the track herein mentioned, be required to ?pave that -oortion
of the street occupied by said tract and between the rails of
said track to a distance of two feet outward frog. the out-
side rails o_`' said track upon resolution of the Board of
Aldermen of the said City of 7Tichita Falls, Texas, demanding
and requiring such paving to be done.
SECTION 4: Said Railroad Company, its successors,
assigns, lessees and receivers shall not block, obstruct or
delay traffic or passa.oe over or through said street for a
time longer than allowed by the ordinance of the City of
Wichita Falls, Teas.
SECTION 5: The franchise herein granted shall com-
mence and date from and after the passage of this ordinance
and oi'ficial publication as required by the charter of the
City of ti'ichita Falls, Texas, such franchise is also subject
to the :provisions of said charter, and such charter so far as
sane is ant)licable, is made a part hereof; provided further
that before such franchise sha11 become effective, the said
Missouri -Kansas -Texas Railroad Company of Texas shall
accent conditions hereof in writing and the same be
riled with the City Clerk of the City of Wichita, Falls,
Texas.
PASSED AYD APPROVED this the day of Sep-
tember, A. D. 1927 -
ATTEST:
CITY CLERK.
MAY OR