HomeMy WebLinkAboutORD 79-31 � YiV ,_� of f
ORDINANCE NO. 1 !p'3I
L5 y ,
AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, r
ITS SUCCESSORS, ASSIGNS AND LESSEES THE RIGHT AND
PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY SPUR
TRACK NO. 65 IN, UPON, OVER AND ACROSS JIROU STREET
AND ACROSS ITS INTERSECTION WITH LONG, ASHLEY AND
EVALON AVENUES IN McFADDIN'S FIRST ADDITION TO
THE CITY OF BEAUMONT, TEXAS, IN ACCORD WITH EXHIBIT
ATTACHED HERETO; PROVIDING THAT SAID TRACK SHALL BE
USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING AND
SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL AND
INDUSTRIAL ENTERPRISES; PROVIDING REGULATIONS AND
RESTRICTIONS FOR THE USE OF SAID TRACKS; PROVIDING
THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE
WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT
CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIRECTION
OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPTANCE AND
FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT
TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT
AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE
TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION
OF THIS FRANCHISE ON ^DDTT- ", 1!985 AND THE RESTORATION /`'lays .3/j /%,pQ
OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER;
AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF
BEAUMONT.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1
That The Atchison, Topeka and Santa Fe Railway Company is hereby
granted the right, franchise and privilege to maintain and operate at its
own expense, its industry spur Track No. 65 in, along, upon, over and
across the aforementioned streets, avenues, and/or public roads, the center
line of the said Track No. 65 being described as follows:
The center line enters the south boundary line
of Long Avenue at a point which is at said track's
chaining station 2+93.6, measured along the center
line of said track, from its head block turning out
of The Atchison, Topeka and Santa Fe Railway Company's
yard track No. 24, and 326.4 feet measured along the
south line of said Long Avenue; from the point of
intersection at the south line of Long Avenue and the
west line of Gulf Street in said City of Beaumont;
thence in a northerly direction along a 9°30' curve to
the right, 68.8 feet to point of tangency in the center
line of said Jirou Street, at track chaining station
3+62.4; thence in a northerly direction and in the
center line of Jirou Street, crossing Long, Ashley
and Evalon Avenues, a distance of 1007 .2 feet, more
or less, to the south line of Gladys Avenue.
The location of said Track No. 65 is shown by red
line on AGM-E print C-23-24630-B, dated August 16,
1978, hereto attached, marked "Exhibit A", and made
a part of this ordinance.
Section 2
The track to be maintained and operated under this ordinance
shall be used only for the purpose of loading, unloading and/or switching
to industrial tracks turning out of said track serving commercial and
industrial enterprises now or hereafter located in the vicinity of said
track. The grantee shall have the right to operate engines, trains and
cars over said track so as to further the interest for which this grant
is given, provided that no engines, trains or cars of any kind shall be
allowed to stand on any portion of said track located within a public
street of the City of Beaumont, and provided further that all engines,
trains and cars operated over said public street shall be operated there-
over in such a manner as not to unreasonably interfere with public traffic
in, upon, along, over and across said street or any portion thereof, and
except insofar as is reasonably necessary in the movement and handling of
cars on said street, same shall be kept clear.
Section 3.
The Atchison, Topeka and Santa Fe Railway Company shall, at its
own expense, maintain and operate said railroad track in accordance with
the Charter and Ordinances of the City of Beaumont, now enacted or here-
after to be enacted. Furthermore, said Railway Company shall maintain
such drainage facilities and do such other work at the direction of the
City Engineer, in connection with the franchise herein granted, as shall
in the opinion of the City Engineer be desirable. All street work pro-
vided for herein shall be done under the direction of the City Engineer,
and Grantee shall maintain said railroad track at the same grade or level
as the established grade or level of the respective street, so as not in
any way to obstruct the use of said street by the public.
Section 4.
The foregoing rights and privileges are granted upon the
express condition that the Grantee shall, within thirty (30) days after
the passage and approval of this ordinance, file with the Clerk of the
City of Beaumont its written acceptance hereof, and upon further condi-
tion that the Grantee shall pay to the City of Beaumont upon acceptance
2 -
hereof, the sum of FIFTY AND N01100 DOLLARS ($50.00) per annum so long as
this ordinance shall remain in full force and effect, the payment to
be made upon acceptance as aforesaid to constitute payment for the
first year or part thereof remaining when this ordinance shall become
effective. If such sums be not paid when due and if default in payment
thereof continues for thirty (30) days thereafter, the rights and
privileges herein granted shall cease and terminate.
Section 5.
This franchise is granted subject to all of the provisions
of the Charter and Ordinances of the City of Beaumont now in effect
or hereafter to be adopted or enacted.
Section 6.
If The Atchinson, Topeka and Santa Fe Railway Company shall
fail to use, maintain and/or operate said track for any period of six
(6) months, this ordinance shall become null and void and fully termi-
nated.
Section 7.
This ordinance shall go into force and effect for a period
of five (5) years from and after the 2nd day of April, 1978, and this
may 1 /9
franchise shall terminate on ^ , , unless sooner terminated
as provided herein, provided that the City of Beaumont may cancel this
franchise at any time that the City of Beaumont desires to use that
portion of its properties involved in this franchise upon six (6) months'
notice in writing given to Grantee by Grantor of its intention to cancel
same, and provided further that the City of Beaumont may, in further-
ance of the plans and recommendations of the City Planning Commission,
or the City Planning and Zoning Commission of the City of Beaumont,
cancel the franchise herein granted upon like notice to Grantee as
aforesaid. Upon the termination of this franchise for any reason,
Grantee shall within ninety (90) days thereafter remove from the street
herein involved all rails, ties and other construction material, and
place such street in substantially the general condition of the respective
streets in the nearby vicinity.
- 3 -
Section 8.
Grantee shall indemnify, save and hold harmless the City of
Beaumont from any and all liabilities, claims, judgments, damages, costs
and expenses whatsoever growing out of or resulting in any way from the
use, maintenance or operation of said railroad track, or the failure of
the said Grantee to do and perform any of the same, or in any manner
growing out of or resulting from the granting of this franchise, and
should any judgment be rendered against said City for any cause growing
out of or resulting in any manner from the use, maintenance or operation
of said railroad track, or the failure of the said Grantee to do and
perform any of the same or in any manner growing out of or resulting
from the granting of this franchise, then Grantee agrees to pay and
satisfy said judgment before and without said City's doing so.
Section 9.
The term "Grantee" as is used in this ordinance shall be con-
strued to include said The Atchison, Topeka and Santa Fe Railway Company,
its successors, assigns, lessees and other Railway Companies, now or
hereafter having trackage rights over the track covered hereby or any
part thereof.
PASSED by the City Council, this _,,�day of ,
19 .
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a F ,} EXHIBIT "A"
D) MM I NANCE BY C T TY OF BEAUMONT
t I�2t24.Q X•inq * GRAN"I'[Ni;; 'I'U TfII. ,1':['C}IISON, TOPEKt1 AND
SANTA FE RAILWAY COMPANY A 5-PEAR
FRANCHISE FOR INITUSTRY TRACK ALONG
. JIROU STREET IN THE CITY OF BEAUMON'I
Amarillo ;'1119ust 10, 1978
Str, I�t9G,9 X inq .�;;,;
I. - � Scale I" = 400' No.. C-23-24630-8
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