1500 ORD GRANTING TX AND PACIFIC RAILWAY CO THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, ETC, ON AND ACROSS FIRST ST SW

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ORDINANCE NO. 1500. AN ORI?INANCE GRANTING THE TEXAS AND PACIFIC RAILWAY COMPANY THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUC T, MAINTAIN AND OPER.ATE A SPUR TR.ACK IN, UPON AND ACROSS FIRST STREET S. W. (WALL), PARI5, LANLAR COUNTY, TEXA5, AND TO OPER.ATE ITS TRAINS, ENGINES AND CARS THFR.EON AND PRE-. SCRIBING THE TER1vIS AND CONDITIONS OF SAID FRANCHI5E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. Tha.t the Texas and Pa.cific Railway Company, a corporation org'a ed and existing under and by virtue of Acts of Congress of the United States, its successors and assigns, be and is hereby granted the right, privilege and franchise to construct, mainta.in and operate a spur track in, upon and across First Street S. W. (Wall) in the City of Paris, Lamar Gounty, Texa.s, at location more particularly described as follows: Enters First Street S. W. (Wall) at a point on the east line of said street, approximately 72 feet south of the center line of Railwayts Main Line track as now located on the ground, said measurement being from the center line of said Main Line track to center line of proposed spur track, and extends westerly across First Street S. W. (Wall), crossing west line of said street approxima.tely 72 feet south of the center line of Main Track as now located on the ground; All as shown on print or drawing atta.ched hereto and ma.de a part hereof. Tha.t upon the completion of said spur track Railw+ay Company, its successors and assigns shall have the right, privilege and authority tooperate engines, trains, and cars thereon and thereover. Section 2. Before said Railway shall be authorized to construct said track, it st~ia all pply to the City Engineer of the City of Paris and obtain a proper grade of said street, and said track shall be constructed under the di.. rection and supervision of the City Engineer and shall conforrn to the grade given by said Engineer before said R.a.ilway shall be permitted to use said cros sing, Section 3. It sha,ll be the duty of said Railway, its successors and assigns, to, at 11 times, maintain the street crossing by said spur track between the rails thereof and for two (2) feet on each side of said spur track at its expense with like pavement and in like ma.nner as the bala.nce of said street so traversed and crossed by it. Section 4o If at any timE said Railway, its successors and assigns, shall fa,i- or refuse to keep said track and the street between the rails thereof and for two (2) feet on each side of said spur track in goorl order, or it shall fail or refuse to repair the same when requested so to do by the Gity Council, then the City Gouncil ma.y after sixty (60) days written notice to Railway repeal this ordinance and all rights, privileges and benefits granted said R.a.ilway Company hereunder shall be withdrawn. Section 5. Said RaAva y, its successors and assigns, shall save the City of Paris harmless from all dama.ges or claims for damages resulting from the construction, ma.intena.nce and operation of said track constructed here.- under or resulting from any operation of cars thereon or resulting from the ta.king up and removing of said track referred to herein.