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ORDINANCE N0. p
ENTITLED AN ORDINANCE GRANTING THE�ATCHISON,
TOPEKA AND SANTA FERAILWAY COMPANY AND -THE
GULF AND INTER -STATE RAILWAY COMPANY OF TEXAS,
THEIR SUCCESSORS AND ASSIGNS, A FRANCHISE RIGHT
TO CONTINUE TO USE, MAINTAIN AND OPERATE AN
INDUSTRIAL SPUR TRACK IN, UPON, OVER AND ACROSS
A.CERTAIN PORTION OF BONHAM STREET AND AVENUE
"A." IN THE CITY OF BEAUMONT, TEXAS, IN ACCORD
WITH EXHIBIT ATTACHED HERETO; PROVIDING ALSO
THAT SAID TRACK IS AND SHALL BE USED ONLY AS
AN INDUSTRIAL SPUR TRACK; PROVIDING FORFEITURE
FOR FAILURE TO USE, MAINTAIN AND OPERATE FOR A
PERIOD OF SIX (6) MONTHS; PROVIDING CANCELLATION
CLAUSES AND REQUIRING -GRANTEES, UPON SUCH CAN-
CELLATION, TO REMOVE RAILS,TIES AND/OR OTHER
RAILROAD FACILITIES OR MATERIALS APPURTENANT
TO SAID TRACK WITHIN NINETY (90) DAYS.AFTER
TERMINATION, AND TO RESTORE SAID STREET TO
SUBSTANTIALLY THE SAME CONDITION IN WHICH IT
WAS AT TIME SAID INDUSTRIAL SPUR TRACK WAS
CONSTRUCTED OR TO A CONDITION HARMONIOUS
WITH THE CONDITION, AT TIME OF REMOVAL, OF
OTHER PORTIONS OF SAID STREET IN THE NEARBY
VICINITY; PROVIDING FEE TO BE PAID CITY AS
REASONABLE COMPENSATION FOR THE FRANCHISE
AND PRIVILEGE.HEREBY GRANTED; PROVIDING THAT
THE RIGHTS, PRIVILEGE AND FRANCHISE HEREBY
GRANTED SHALL BE ACCEPTED.BY GRANTEES WITHIN
THIRTY {30) DAYS AFTER PASSING AND APPROVAL
OF THIS ORDINANCE; AND PROVIDING FURTHER THAT
THIS FRANCHISE SHALL BE SUBJECT TO THE TERMS
AND CONDITIONS.OF THE CITY CHARTER AND ORDI-
NANCES OF THE CITY OF BEAUMONT, TEXAS, AND
SHALL EXIST FOR A PERIOD OF TEN (10) YEARS
FROM AND AFTER THE 1ST.. DAY OF DECEMBER, 1967.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1_
That The Atchison, Topeka and Santa Fe Railway Company and
The Gulf and Inter -State Railway Company of Texas, their successors
and assigns, are hereby granted the right, franchise and privilege
to continue to use, maintain and operate, at their own expense,
a standard gauge industry spur track, including switch and all
other appurtenances in, upon, over and across Bonham -Street and
Avenue "A" in The City of Beaumont, Texas, as shown in red on map
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C-23-245963 dated October 3, 1967, hereto attached, designated
Exhibit "A" and made part hereof, the centerline of said industry
spur track being described as follows:
Beginning at a point in the centerline in
the present Gulf and Inter -State Railway
Company of Texas main track in Bonham Street,
which point is twelve and five -tenths (12.5)
feet southwesterly from the west line of
Avenue "A" and thirty-two (32) feet south-
easterly from the north line of Bonham Street;
Thence in a northerly direction and on a
14026' curve to the left a distance of 91.8
feet to a point of tangency; thence on tangent
in a northerly direction, a distance of 59
feet to a point of curvature- thence in a
northerly direction, on a 20600' curve to the
right, a distance of 22.4 feet to a point
in the north line of Bonham Street, which
point is 97.4 feet easterly from the south-
west corner of Block Forty (40) of the Van
Wormer Addition to The City of Beaumont,
and at which point the centerline of said
industry track leaves Bonham Street.
Section 2.
The track now on said right of way and which is to be maintained
and operated under the terms and conditions of this Ordinance,
shall be used only as an industrial spur track; that is, for
the purpose -of affording loading, unloading and switching
facilities to commercial and industrial enterprises now located
or hereafter to be located in the vicinity of said track. The
Grantees shall have the right to operate engines and cars over
said track so'as to further the interest for which this grant
is given, provided that no engines or cars of any kind shall be
allowed to stand on any portion of said tracklocated within a
public street of the City of Beaumont, Texas, and provided further
that all engines and cars operated over said industrial track
located within or across a public street of the City of Beaumont,
Texas, shall be operated thereover in such a manner as not to
unreasonably interfere with public traffic upon and along or
across said street or any portion thereof, and except insofar
as is reasonably necessary to the movement and handling of cars
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on said street, same shall be kept clear.
Section 3.
Grantees, their successors or assigns, shall, at their own
expense, use, maintain and operate said railroad track in
accordance with the charter and ordinances of the City of Beaumont,
Texas, now enacted or hereafter -to be enacted, and in accordance
with the exhibit attached hereto and made a part hereof. Further-
more, the said Grantees shall install 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
provided for herein shall be done under the direction of the
City Engineer, and Grantees shall maintain said railroad track
at the grade or level as the established grade or level of
said street, so as not in any wise to obstruct the use of said
street by the public.'
Section 4.
That the foregoingtights and privileges are granted upon
the express condition the Grantees shall within thirty (30)
days after the passage and approval of this ordinance, file
with the Clerk of'The City of Beaumont, Texas, their written
acceptance hereof, and upon further condition that the Grantees
shall pay to The City of Beaumont, Texas, upon acceptance hereof,
the sum of Fifty ($50.00) Dollars, and in addition thereto shall
pay to The City of Beaumont, Texas, annually and in advance of
the first day of July the sum of.Fifty ($50.00) Dollars per annum
so long as this ordinance shall remain in full force and effect,
the payment to be made upon acceptance as aftersaid 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.
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Section 5.
This franchise is granted subject to all of the provisions
of the Charter and ordinances of The City of Beaumont, Texas,
now in effect or hereafter.to be adopted or enacted.
Section 6.
That if Grantees, their successors or assigns; shall fail
to use, maintain and operate said track for any period of
six (6) months; this ordinance shall become null and void and
fully terminated.
Section 7.
That this ordinance and the franchise hereby granted shall
continue for a period of ten (10) years from and after the
Ist day of December, 1967, unless sooner terminated as -->provided
herein, provided that The City -of Beaumont, Texas, may, in
furtherance of plans regarding railroads within the City or in
furtherance of the plans or recommendations of the City,Planning
Commission or the City Planning and Zoning Commission of said
City of Beaumont, Texas, cancel this franchise upon six (6)
months notice in writing given to Grantees by Grantor of its
intention to cancel same. Upon the.termination of this franchise
Grantees shall within ninety (90) days thereafter remove from
the streets herein involved, all rails, ties..and other
construction material, and restore.said street to substantially
the condition in which it was at the time the said track was
constructed; or if said street has been.substantially _changed
since the time said track was constructed, then said street shall
be restored in keeping with the general condition of the street
in the nearby vicinity.
Section 8.
That Grantees shall indemnify, save and hold The City of
Beaumont, Texas, harmless.from.any.and all liabilities, claims,
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judgments, damages, dosts 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 Grantees 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
Grantees to do and perform any of the same or in.any manner
growing out of or resulting from the granting of this franchise,
then Grantees agree to pay and satisfy said judgment before and
without said City doing so.
PASSED by the City Council this the day of
Lac_ - -2 1967.
- Mayor -
THE STATE OF TEXAS
COUNTY OF JEFFERSON
City Clerk of The City
of Beaumont, Texas, do hereby certify that the above and foregoing
is a true and correct copy of an Ordinance passed by the City
Council of The City of Beaumont on the day of ,
1967, the original of which is recorded in Volume ,
Page in the minutes of ordinances in the office of the
City Clerk of The City of Beaumont, Texas.'
GIVEN under my hand and seal of The City of Beaumont,
Texas, this the day of , A.D. 1967.'
City Clerk, T e City of Beaumont,
Texas
' L� 'f J
ORDINANCE NO.
""ENTITLED AN ORPINANC17'. GRANTING THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY CCM ANY AND THE
GULF AND INTER -STATE RAILWAY COMPANY OF TEXAS,
THEIR SuGOOEaSSC :5 AND ASSINS, A FRANCHISE RIGHT
TO CONTINUE TO USE, MAINTAIN AND OPERATE AN
INDUSTRIAL SPWR. ZRACK'. IN, UPON, OVER AND ACROSS
A CERTAIN PORTION OF BONHAM STREET AND AVENUE
"A" IN THE CITY OF BEAUMONT, TEXAS, IN ACCORD
t'ITH EXHIBIT ATTACHED HERETO; PROVIDING ALSO
THAT SAID TRACK IS AND SPALL BE USED ONLY AS
AN IbLUSTRIAL :&PUR. `IiAUZ; PROVIDINGV FORFEITUM
FOR FAILURE TO USE, MAINTAIN AND OPERATE FOR A
PERIOD OF 511 (b) 'vK0hT1AS; RCVIDING CANCELLAT10h
CLAUSES AND REQUIRING GRANTEE'S, UPON SUCH CAN -
C LLATION, TO R&MLOVE 11LILS, `IIS Al"WOR OTHL: '
IiAILRa,W F.iCILITIES 0 TrWfE':eIA" r' APPURTENANT
TO SAID TIIACK V7ITHIN NINLT'Y DAYS AFTER
TEt�110TATION, A11D TO RESTORE SALD STI. 'ET TO
✓t33ST..%TIA1,1,Y TI1E `SAl'CE, Ct7iv.DITIvZ 11:4 WEIGH IT
77AS AT TUIE SAID IND STRIAL ::T ;1.1 T rA,L;E' "!A!L,
CONSTRUCTED OR TO A C-DIVDI`1'Iw1.1
UITH THE CONDITION, AT 'i'1t.G. �A'
OTHER ?ORTIONS OF SAID S.,.e�,.,�' meati '�' 2E.,
Vl,'INITY; PROVIDING FEE :.'01,14-1 AS
i &'ISONAB'L. E CMIPENSATIOI4 04' A SAL),
ANi
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on .s aid street, ' sane . shall be. kept clear.
Section 3.
Grantees, their successors or assigns, shall., - at; . t ioir- own
expense, use, maintain,and:.operate said railroad track in
accordance with.the charter -and ordinances of the.City of Beaumont,
Texas, now enacted or hereafter to be enacted, -and in accordance
with.the exhibit attached -hereto and made a part hereof. Further-
more-, the said Grantees shall install 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 o€.the'City Engineer be -desirable. All street work
.provided.for herein shall be'done under the direction of -the
City En
.gineer,,and'Grantees shall maintain said railroad track
. at .Che. grade or level *s the 'es,tablished, grade or .level -of
said street, so as not in any wise to-obstruct.the use of said
street. by the ,public..
Section 4.-
T"h,at -the foregoing iLghts and privileges are . granted upon
the expr s corWition .the Grantees shall within thirty (30)
days.after the passage and approval of this ordinance, -file
with the Clerk'of The City of Beaumont, Texas, 'their written
.acceptance hereof, *nd uponfurther.condition that the Grantees
shall pay -to The City o,f,.Beaumont, Texas, upon acceptance hereof .
the sum of.Pifty ($50.00) Dollars, and in addition' thereto shall
pay to -The , City, ..of Eea'umont, TexAs,'..a"nnp,ally, -and in advance of
the first day of July the_ sum of Fifty (,$50.00) Dollars per annum
so long as this'or`dinance shall remain in full force and effect,
the payment to be made.upon.acceptance,as aftersaid 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 ifdefault in payment thereof continues .for thirty. (30)
days thereafter, the rights and privileges herein granted shall
cease and terminate.,
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- Section- 5.
'This franchise -ia granted .'At to all 'of 'the p'r6visions
of_the Charter and ordinances of The City of-Beaumont,._Texas,
now in' effect or :hereafter to_'be adopted or .enacted.
Section 6.
Thea if Grantees, their successors or assigns, shall fail
to use, maintain.and operate said track for -any period.of
six (6) months; this ordinance Shall become null and void and
fully terminated:
Section 7.
That this.ordinance and the'franchiee hereby granted shall.
continue for a period of fen:(10) Mears - from and after the
1st day of December, 1967, unless sooner. tercmi.nated a s,-fprovided
herein, provided that.The City of Beauimont,,Texas, may, in
furtherance of plans regarding railroads within the City or in
furtherance of the plans or recommendations of the City Planning
Commission or the City Planning and Zoning Commission of said
City of Beaumont, Texas, cancel this franchise.upon six (6)
:months notice in writing given.to Grantoes by Grantor of its
intention to cancel same. Upon,the termination of this franchise
Grantees shall within ninety (90) days thereafter.remove.from
the streetsherein involved, all rails,'ties-and - other
construction.material, and.restore'.said 'street to substantially
the condition in which it was at the time the said track was
congtructed;-'or if said..street has been -substantially changed
since the'time said track was constructed, then. said street shall
be restore'dAn keeping with the general condition of the street
in the nearby.vinini.ty.`,
Section 8.
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