The URL can be used to link to this page

Home My WebLink AboutORD 7 HH2's -6 AN ORDINANCE 66-22 ENTITLED AN ORDINANCE GRANTING THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS 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 LONG AVENUE, IN THE KIRBY ADDITION TO 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 GRANTEE UPON SUCH CANCELLATION 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 CONDI® TION, AT TIME OF REMOVAL, OF OTHER PORTIONS OF SAID STREET IRT 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 GRANTEE 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 ORDINANCES OF THE CITY OF BEAUMONT) TEXAS AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER THE 15th DAY OF JUNE 1966. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1, That The Atchison, Topeka and Santa Fe Railway Company, its successors and assigns, is hereby granted, the right, franchise and privilege to continue to use and maintain, at its own expense, a single standard gauge industry spur track including switch and all other ap- purtenances beginning at a point in the main track of Grantee located on Long Avenue, the point of the switch to be 25 feet East of the East line of North Pearl Street, and thence, running in an eastward direction One Hundred and Ninety-two (192) feet to a point in the north line of Lot S, in Block 3, of the Kirby Addition to the City of Beaumont, as shown in red on map C.E.O. No. C-20-24436, dated April 25, 1966, marked "Exhibit All, and attached hereto. Section 2. The track now on said right of way and which is to be main- tained and operated under the terms and conditions of this Ordinance, shall be used only as an industrial spur track; that is, for the pur- pose 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. Grantee shall have the right to operate engines and cars over said track so as to further the in- terest for which this grant is given, provided that no engines or of any kind shall be allowed to stand on any portion of said track located within Long Avenue, and provided further that all engines cars operated over said industrial track located within or across Avenue shall be operated thereover in such a manner as not to un- reasonably interfere with public traffic upon and along or across MM cars and Long said street or any portion thereof, and except in so far as is reasonably necessary to the movement and handling of cars on said street, same shall be kept clear. Section 3. 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 enacted, and in accordance with the exhibit attached hereto and made a part hereof. Furthermore, Grantee 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 necessary. (All street work provided for herein shall be done under the direction of the City Engineer), and Grantees -hall maintain said railroad track at the same grade or level as the established grade or level of said street and so as not in anywise to obstruct.the use of said street by the public. Section 4. That the foregoing rights and privileges are granted upon the express condition that Grantee shall within thirty (30) days after the passage 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 hereof, the sum of Fifty ($50.00) Dollars, and in addition thereto shall pay to the City of Beaumont, Texas, annually and in ad- vance of the first day of July the sum of Fifty 050.00) 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 pay- ment for the first year or part thereof remaining when this ordinance shall become effective. If such sums be not paid when due and. if de- fault 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 hereafter to be adopted or enacted. Section 6. That if Grantee, its 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 shall go into force and effect the 15th day of June 1966, and shall continue for a period of ten (10) years there- after, unless sooner terminated as provided herein, provided that the City of Beaumont, Texas may, in furtherance of the p1.aus and recommen- dations 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 Grantee by Grantor of its intention to cancel .same. 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 2 ..- 17 .S.?_ 6 -- 6 6 material, and restore said street to a condition in keeping with the general condition of the street in the block affected. Section S. That Grantee shall indemnity, save 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 the Grantee to do and perform any of the same, or in any manner growing out of or resulting from the granting of this fran- chise, and should any judgment be rendered against said City for any cause growing out of or resulting in any manner from the'izse., maintenance or operation of said railroad track, or the failure of the Grantee to do and perform any of the same or in any manner growing out of or result- ing from the granting of this franchise, then Grantee agrees to pay and satisfy said judgment before and without said City doing so. dx?�4Q_ Mayor - THE STATE OF TEXAS COUNTY OF JEFFERSON I, , City Clerk of the City of Beaumont, Texas, do -hereby certify that the above and foregoing i.s a true and correct copy of an Ordinance passed by the City Council of the City of Beaumont on the day of , 1966 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. 1966. City Clerk, City of Beaumont, Texas 3 .�