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HomeMy WebLinkAboutORD 71 FFAN ORDINANCE 63 ENTITLED AN ORDINANCE GRANTING GULF, COLORADO AND SANTA FE RAILWAY CO1APANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE RIGHT TO MAINTAIN AND OPERATE AN INDUS- TRIAL SPUR TRACK IN, UPON, OVER AND ACROSS FRANKLIN STREET IN THE CITY OF BEAUMONT, AS SHOWN BY EXHIBIT ATTACHED TO THE ORDINANCE; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY AS AN INDUSTRIAL SPUR TRACK; PROVIDING.FORFEITURE FOR FAILURE TO USE, MAINTAIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS; PROVIDING CANCELLATION CLAUSES AND RE- QUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES AND OTHER CONSTRUCTION OR MATERIALS WITHIN NINETY (90) DAYS AFTER TEPJk'INATION AND THE PLACING OF SUCH PROPERTIES AND STREETS IN FIRST CLASS CONDITION; AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY GULF, COLORADO AND SANTA FE RAILWAY COMPANY WITHIN THIRTY (30) DAYS AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING THAT GULF, COLORADO AND SANTA FE RAILWAY COMPANY SHALL PAY TO THE CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM OF FIFTY AND N0/100 DOLLARS ($50.00) AS REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRANCHISE HERE- BY GRANTED, AND PROVIDING FURTHER THAT THE FRAN- CHISE SHALL BE SUBJECT TO THE TERNS AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER FEBRUARY 24, 1963. BE IT ORDAINED BY THE CITY OF BEAUMONT: Se ction to That the Gulf, Colorado and Santa Fe Railway Company, its successors and assigns, is hereby granted the right, fran- chise and privilege to maintain and operate at its own expense, a standard guage industrial railroad spur track upon and across Franklin Street, as shown by red line on map hereto attached and made a part hereof, and designated as "Exhibit All, the center- line of said track being described as follows: Said centerline enters said Franklin Street at a point near where the Southern boundary line of the right of way of Gulf, Colorado and Santa Fe Railway Company intersects the Northwesterly line of said Franklin Street; thence in a Southeasterly direction 85 feet, more or less, across Franklin Street to a point in the South- easterly line of said street, where: it enters the property of the United Gas Public Service Company. -,.�.ec���t��� /// 5/G3 -t�-1C)�3 Section 2. The track now on said right of way 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 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, provided that no engines or cars of any kind shall be allowed to stand on any portion of said track located upon the property of the City of Beaumont or located within a public street of the City of Beaumont, and, provided further, that all engines and cars operated over said public streets shall be operated thereover in such man- ner as not to unreasonably interfere with public traffic upon and along or across said streets or any portion there- of, and, except insofar as is reasonably necessary in the movement and handling of cars on said streets, same shall be kept clear. Section 3. If Gulf, Colorado and Santa Fe Railway Company 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 L* This Ordinance and the rights and privileges therein granted are subject to all of the terms and provisions of the Charter of the City of Beaumont, and said privileges and fran- chise hereby granted shall continue in force and effect for a period of ten (10) years from and after the 24th day of Febru- ary, 1963, unless sooner terminated as provided herein, pro- vided 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 furtherance of the plans and recommenda- tions 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 afore- said. Upon the termination of this franchise for any reason Grantee shall within ninety (90) days thereafter remove from the properties and streets involved herein, all rails, ties and other construction or materials and place such proper- ties and streets in first class condition. Sectio. The foregoing rights and privileges are granted upon the of.pressed condition that the said Grantee shall, within thirty (30) days after the passage and approval of this Ordinance, file with the City Clerk of the City of Beaumont its written acceptance of this Ordinance. Section 6. As reasonable compensation for the right@ and privileges grantedby this Ordinance, Grantee agrees and obligates itself and its successors and assigns, to pay to the City of Beaumont on or before tha first day of July of each year after the taking effect of this Ordinance, the sum of Fifty and No/100 Dollars 050.00)-. PASSED by the City Council, this the day of 1963• r M A Y O R --FF l�_f962 THE STATE OF TEXAS COUNTY OF JEFFERSON I 9 �F1S. T a Ra Rd City C1 Prk of t.ho r; +t: of Beaumont, Texas, do .hereby certify that the above and fore- going is. a true and correct copy of an Ordinance passed by the City Council of the City of Beaumont on the day of �FebYu, A. D., 1963, the original of which is filed in the office of the City Clerk of the City of Beaumont, Texas. GIVEN under my hand and seal ofII the City of Beau- mont, Texas, this the day of e_ b r u a R , 1963. City Clerk. T-7f- GALVESTON I TEXAS' March 11 1963 To the Honorable Mayor and City Council of the CITY OF BEAUMONT, TEXAS. The GULF, COWRADD AND SANTA FT RAILWAY COMPANY hereby signi- fies and files in writing their acceptance of an ordinance passed by your honorable body on the 19th day of February, 1963: UENTITLED AN ORDINANCE WANTING GULF9 COLORADO AND, SANTA FE RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE RIGHT TO MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK-INj UPON I MR AND ACROSS FRANKLIN STREET IN THE GITY. OF BEAUMONT9 AS SHOWN BY EXHIBIT ATTACHED TO THE ORDINANCE; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY AS AN INDUSTRIAL SPUR TRACK; PROVIDING FORFEITURE FOR FAIL UAE' TO USE I MAINTAIN OR OPERATE FOR A PERIOD OF SIX '(6) MONTHS; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE UPON SUCH CANCELLATION, TO REMOVE-I'RAILS9 TIES AND OTHER CONSTRUCTION OR MATERIALS WITHIN NIN&TY (90) DAYS AFTER TER- MINATION AND THE PLACING OF SUCH PROPERTIES AND STREETS IN FIRST CLASS CMITION; AND PROVIDING FURTHER .'THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE" ACCEPTED IN WRITING BY GULF COWRADO-AND SANTA FE RAILWAY COMPANY WITHIN THIRTY 130) DAYS AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING THAT GULF, COLORADO 'AND SANTA FS RAILWAY COMPANY SHALL PAY TO THE CITY OF EEAUMCNT ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM af FIFTY AND N01100 DOLLM (050.00) AS REASONABLE' COMPENSATION FOR. THE PRIVILEGE AND FRANCHISE HEREBY GRANTEDt AND PROVIDING FURTHER THAT TIE, FRANCHISE SHALL BE SUBJECT TO TAE'.TERMS AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER FEBRUARY 2/+j 1963.11 GULF' CCLORADD. AND,; SANTA FE RAILWAY Ca4PANY and" Tax *Commissioner