HomeMy WebLinkAboutORD 25 I I`` CV A/
ORDINANCE NO.1Cf
ENTITLED AN ORDINANCE GRANTING THE AYCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY A FRANCHISE RIGHT TO
.CONTINUE TO USE, MAINTAIN AND OPERATE AN INDUSTRIAL
SPUR TRACK IN, UPON, OVER, AND ALONG JIROU STREET AND
ACROSS ITS INTERSECTION WITH LONG, ASHLEY, EVALON AND
GLADYS AVENUES IN MC FADDIN' S FIRST ADDITION TO THE
CITY OF BEAUMONT, TEXAS, IN A'GCORD WITH EXHIBIT AT-
TACHED HERETO; PROVIDING ALSO THAT SAID TRACCK IS AND
SHALL BE. USED ONLY AS AN INDUSTRIAL SPUR TRACK; PRO-
VIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN AND
OPERATE FOR A PERIOD OF SIX (6) MONTHS; PROVIDING
:CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH
'CANCELLATION, TO REMOVE RAILS, TIES AND/OR OTHER RAIL-
ROAD FACILITIES OR MATERIALS APPURTENANT TO SAID TRACK
WITHIN NINETY (90) DAYS AFTER TERMINATION, AND TO RE-
STORE 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 CON-
DITION, 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 AC-
CEPTED BY GRANTEE WITHIN THIRTY (30) DAYS AFTER PASS-
ING AND APPROVAL OF THIS OPDINANCE; AND PROVIDING FUR-
THER THAT THIS FRANCHISE SHALL BE SUBJECT TO THE TERMS
AND :CONDITIONS OF THE CITY CHARTER AND ORDINANCES OF
THE :.CITY OF BEAUMONT, TEXAS, AND SHALL EXIST FOR A PER-
IOD OF TEN (10) YEARS.FROM AND AFTER THE 2ND DAY OF
APRIL, 1968.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1.
That The. Atchison, Topeka and Santa- Fe Railway Company, its suc-
cessors and.assigns, is hereby granted the right, franchise and privilege
to continue to use, maintain and operate, at its own expense, a standard
gauge industry spur track in, upon, over and along Jirou Street and across
its intersection with Long, Ashley, Evalon and Gladys Avenues in McFaddin'-s
First Addition to the City.of Beaumont, Texas.,.as shown in red on map
C-2.3:;2463.0, dated February 8, 1968, hereto attached, designated Exhibit
"A" and made part hereof, the centerline of said industry spur track being
described.as follows:
Said centerline 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
Z- 2-7-1- b' .moi,
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 inter-
section 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 9030' 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 centerline
of Jirou Street a distance of 1367.2 feet to a point in
the south line of Louisiana Avenue for the end of said
Industry Track.
:oar +4 nri 9
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 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 Grantee shall have the right to operate engines.and cars over
said track so as to further the interest for which this grant is. given, pro-
vided that no engines 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,
Texas.,and provided further that all engines and cars operated over said in-
dustrial 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 un-
reasonably 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 on said street, same shall be kept clear.
Grantee, its successors or assigns, shall, at its.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 en-
acted,
nacted, and in accordance with the exhibit attached hereto and made a part
hereof. Furthermore, said Grantee shall install such drainage facilities aad
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
- 2 -
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 said
street, so as not in any wise to obstruct the use of said street by the
public.
Section 4.
That the foregoing rights and privileges are granted upon the ex-
press condition that. Grantee shall within thirty (30) days after the pass-
age and approval of this. ordinance, file with the 'Clerk of The City of
Beaumont, Texas, its written acceptance hereof, and upon further condition
that Grantee shall pay to The City of Beaumont, Texas, upon acceptance here-
of, 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. aforesaid to constitute payment for the first year or part thereof remain-
ing 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, Texas, now in effect or here-
after to be adopted or enacted.
Section 6.
That if Grantee, its successors or assigns, shall fail to use., main-
tain 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 2nd day of April, 1968, un-
less 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
- 3
JT
the City Planning and Zoning Commission of said City of Beaumont, Texas,
cancel this franchise upon six (6) months notice in writing given.to
Grantee by Grantor of its intention to cancel same. Upon the termination
of this franchise Grantee shall within ninety (90) days thereafter remove
from the streets, herein involved, all rails, ties and other construction
material, and restore said streets to substantially the condition in which
they were at the time the said track was constructed; or if.said streets,
have been substantially changed since the time said track was constructed,
then said.streets .shall be restored in with the general condition
of the streets in the nearby vicinity.
4ari-i n -n R
That Grantee shall indemnify, sage and hold The City of Beaumont,
Texas, harmless 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
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 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 doing so.
PASSED by the City Council this the day of ,
1968.
Mayor - v
THE STA TE 0 F TEXA S
COUNTY OF JEFFERSON
I, , 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 , 19..68; 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. 1968.
City Clerk, The City of
Beaumont, Texas.
MM
Str.
S tr.
ii
Ui_iuJ_ r
fA / Ga
0
O
f
a �• a
i � d s. Yip � /o•
Ss/i�Ze�-
/ G m� y 5.15b
�(6) �9U/�
Iso0.
�- Averill Str �W, 7 N
/ 2
s
Valentine Str.I d�9
1 ,
1
J1rou St1
I _J
II I
1 �
O C�
` tr
8409. ,St. -in
E?OiIBIT "A"
lit TO ORDINANCE BY CITY OF BEAU41ONT
12t24.6 �. X-ing r GRANTING TO THE ATCIIISON, TOPEICA AND
SANTA FE RAILHAY COMPANY A 10 -YEAR
FRANCHISE FOR- INDUSTRY TRAGIC ALONG
JIROU STREET IN TIE CITY OF BEATMONT
it
15t96.8tking C.E.O. Amarillo February 8, 1968
--� r Scale 1" = 4001 No. C-23-24630
I � I
I
6w2_( -t as
The Atchison, Topeka and Santa Fe Railway Company
OFFICE OF CHIEF ENGINEER—WESTERN LINES
Amarillo, Texas 79101
Tele. 806-376-5131
J. E. EISEMANN,
Chief Engineer
April 10, 11968
R-211264
To the Honorable Mayor, and
City Council of the
CITY of BEAUMONT, TEXAS.
THE ATCIIISON, TOPEKA AND SANTA FE RAILWAY COMPANY hereby signifies
and files in writing its acceptance of that ordinance passed by your honorable
body April 2, 1968, entitled:
ORDINANCE 68-9
ENTITLED AN ORDINANCE GRANTING THE. ATCHISON, TOPEKA AND SANTA FE
RAILITAY COMPANY A FRANCHISE RIGHT TO .CONTINUE. TO USE, MAINTAIN
AND OPERATE AN INDUSTRIAL SPUR TRACK IN, UPON, OVER, AND ALONG
JIROU STREET AND ACROSS ITS INTERSECTION TITH LONG, ASHLEY, EVALON,
AND GLADYS AVENUES IN MC FADDIN'S FIRST ADDITION TO THE CITY OF
BEAUMONT, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING
ALSO THAT SAID TRAM 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 GRANTEE, UPON SUCH CANCELLATION, TO REMOVE
RAILS, TIES AND/OR OTHER RATT,ROAD FACILITIES OR MATERIALS APPURTEN-
ANT 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 TRUCK WAS CONSTRUCTED OR TO A
CONDITION HARMONIOUS WITH THE CONDITION, AT TIME. -OF REMOVAL, OF
OTHER PROTIONS 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 ME RIGHTS, PRIVILEGE AND
FRANCHISE HEREBY GRANTED SHALL BE ACCEPTED BY'GRANTER NITHIN THIRTY
(30) DAYS AFTER PASSING AND APPROVAL OF THIS ORDINANCE; AND PROVID-
ING FURTHER THAT ]HIS FRANCHISE SHALL BE SUBJECT TO THE TERMS AND
:CONDITIONS OF THE. CITY ;CHARTER AND ORDINANCES OF THE `CITY OF BEAUMONT,
TEXAS, AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER
.THE 2ND DAY OF APRIL, 1968.
THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY
B / Lf
is hief ngineer
4