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Home My WebLink AboutORD 50 I IORDINANCE NO. AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A KANSAS CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND, OPERATE ITS INDUSTRY LEAD TRACK NO. 72 IN, ALONG, UPON, OVER AND ACROSS MAGNOLIA, LONG AND GRAND AVENUES, WILLOW, PEARL AND PINE STREETS, AND A PUBLIC ROAD OR. STREET LEADING TO THE CITY DUMP, IN THE CITY OF BEAUMONT, JEFFERSON. -COUNTY., TEXAS, AND THE RIGHT AND PRIVILEGE -TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 85 IN, ALONG, UPON,,'OVER, AND ACROSS GILBERT STREET, HOLMES AVENUE, MILAM STREET, ARCHIE AVENUE, FRANKLIN, BLANCHETTE AND NECHES STREETS, IN SAID CITY, ALL.IN ACCORD WITH EXHIBIT ATTACHED HERETO; _PROVIDING THAT SAID TRACKS SHALL BE USED ONLY FOR THE PURPOSE OF LOADING,.UNLOADING AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL AND INDUSTRIAL ENTER- PRISES; 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 TERMI- NATION FOR FAILURE TO USE THE TRACKS FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE -24, 1969, AND THE RESTORATION 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 lead Tracks Nos. 72 and 85 in, along, upon, over and across the aforementioned streets, avenues, and/or public roads, the center lines of the said Tracks Nos. 72 and 85 being described as follows: Track No. 72 The center line of said Track No. 72 enters the west line of Magnolia Avenue at -said Company's Track Chaining Station 32+72.3; thence in an easterly and southeasterly direction over and across Magnolia Avenue, in, upon and along Long Avenue, over and across Grand Avenue, willow, Pearl and Pine Streets, and over and across a public road or street leading to the City Dump in said City, to a point where said track leaves said public road or street and enters private property at said Company's Track Chaining Station 51+78.6. Track No. 85 The center line of said Track No. 85 enters the west line of .Gilbert Street at a point 120 feet, more or less, north of the north line of Railroad Avenue, said point being at approximately Track Chaining Station 0+75; thence in a general easterly, northeasterly, direction, over and across Gilbert Street, Holmes Avenue, Milam Street, Archie Avenue, and Franklin Street; in, upon and along Blanchette Street; and over and across Neches to a point 100 feet, more or less, west of the west line of Park Street, at approximately Track Chaining Station 28+50. The locations -of said Tracks Nos. 72 and 85 are as shown by red lines on print C.E.O. Amarillo No. C-22-22416, dated May 27, 1968, hereto attached, marked "Exhibit A".. and made a part of this ordinance. Section 2 The tracks 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 Tracks Nos. 72 and 85 serving commercial and industrial enterprises now or hereafter located in the vicinity of said tracks. The grantee shall have the right to operate engines, trains and cars over said tracks 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 tracks located within a public street of the City of Beaumont, and provided further that all engines, trains and cars operated over said public streets shall be operated thereover in such a manner as not to -unreasonably interfere with public traffic in, upon, along, over and across said streets or any portion thereof, and except insofar as is reasonably necessary in the movement and handling of cars on said streets, same shall be kept clear. IWAI Section 3 The Atchison,.Topeka'and Santa Fe Railway Company shall,' at its own expense,.maintain.and.operate said railroad tracks in accordance with the Charter and Ordinances of the City,of'Beaumont., now enacted -or hereafter to be.eri:acted:_- 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_gratited, as shall in the opinion of the - City -Engineer be desirable. All,street.work provided for herein shall be done u:nder.the direction of the City Engineer,'and ,grantee shall maintain said railroad tracks at the grade or -level as the established grade'or 'leve1 of the respective street, so as not'in .any. wise. to ,obstruct the 'use of said streets -.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.C'ity of Beaumont.its written acceptance hereof-,- andupon further condition --that the grantee shall pay, to .the -City of Beaumont'upon- acceptance' hereof, .the .sum of Fifty and No/100. Dollars ($50.00) per annum.`so--long as thisordinance 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.hecome effective. If such sums,be:'not paid: -when due and,,if default in - payment thereof continues for ' thir.ty (30') days- thereafter, . the. '. rights and privileges.herein granted`sha1:1 cease and terminate. Section 5 This'-franchis'e is."granted subject to all the provisions ofthe Charter and Ordinances of .the City of Beaumont now. in effect or hereafter. to be. adopted or enacted. R � � Section 6 If -The Atchison, Topeka and Santa Fe Railway Company shall fail to use, maintain and operate said tracks for any period of six (6) months this ordinance shall become null and void and fully terminated. This ordinance.shall go into force and effect for a period of one (1) year from and of ter.the 25th day of June, 1968, and this franchise shall terminate on June 24, 1969. Upon the termination of this franchise for any reason, grantee shall within ninety (90) days thereafter remove from the streets herein involved, all rails, ties.and other construction material and place such streets in substantially the general condition of the respective street in .the nearby vicinity. Grantee shall indemnify, save and hold the City of Beaumont 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 tracks, 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 tracks, 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 doing so. The term "grantee11 as used in this ordinance shall be construed to include said The Atchison, Topeka and Santa Fe 4. -4- Railway Company, its successors, assigns, lessees and other Railway Companies, now or hereafter having trackage rights over the tracks covered hereby, or any partthereof. PASSED by the City Council, this the / day of A A.D. 1968. 1 4-- '_/ �� - Mayor - -5-