Loading...
HomeMy WebLinkAboutORD 24 GGAN ORDINANCE ENTITLED AN ORDINANCE GRANTING THE KANSAS CITY SOUTHERN RAILWAY COMPANY A FRANCHISE RIGHT TO MAINTAIN AND OPERATE INDUSTRIAL SPUR TRACKS IN, UPON, OVER AND ACROSS, AND AN UNDERGROUND CONDUIT UNDER, THAT PORTION OF LAVACA STREET IN THE CITY OF BEAUMONT, TEXAS, AS SHOWN BY EXHIBIT ATTACHED TO THE ORDINANCE, AND AS FURTHER DESCRIBED IN SAID ORDINANCE; PROVIDING TRACKS ARE AND SHALL BE USED ONLY AS INDUSTRIAL SPURD TRACKS; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN OR OPERATE FOR A. PERIOD OF SIX (6) MONTFE ; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES AND OTHER CONSTRUC - TION AND MATERIALS -FROM SAID FRANCHISE AREA WITHIN NINETY (90) DAYS AFTER TERMINATION 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 THE KANSAS CITY SOUTHERN RAILWAY COMPANY WITHIN THIRTY (3 0) DAYS AFTER PASSAGE AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING THAT THE KANSAS CITY SOUTHERN RAILWAY COMPANY SHALL PAY THE CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF MARCH OF EACH YEAR THE SUM OF FIFTY AND N0/100 DOLLARS ($50.00) AS REASONABLE COMPENSATION FOR THE PRIVILEGES AND FRANCHISE HEREBY GRANTED; AND PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF THIRTY-FIVE (35) YEARS FROM AND AFTER MARCH 1, 19651 SUBJECT TO THE RIGHT OF THE CITY OF BEAUMONT UPON SIX (6) MONTHS PRIOR NOTICE TO CANCEL AND TERMINATE SAID FRANCHISE ON MARCH 1, 1975, OR AT THE END OF ANY SUBSEQUENT TEN-YEAR PERIOD DURING THE EXISTENCE OF THE FRANCHISE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That The Kansas City Southern Railway Company, its successors and assigns, is hereby granted the right, franchise and privilege to main- tain and operate, at its own expense, standard gauge industrial railroad spur tracks, as now constructed and located, upon and across Lavaca Street, and a conduit thereunder, as shown by red coloring on map hereto attached and made a part hereof and designated as Exhibit A, the descrip- tion of said franchise area, located within the City of Beaumont, Jefferson County, Texas, being as follows: "An irregular shaped tract of land being a part of a dedicated road known as Lavaca Street located in the J. W. Bullock Survey in City of Beaumont, Jefferson County, Texas, being more particularly described as follows: OLaata Aj"VLi%/" LJFIGGF rraFaa Fa►G OVLaFat YrGOF4Liy --ALF - way line of The Kansas City Southern Railway Com- pany's main track, -said intersection being marked with a concrete monument set by George J. Schaumburg in 1962; thence southeasterly along said southwesterly right of way line for a distance of 84.83 feet to an intersection with the south line of said Lavaca Street; thence westerly along said south line of Lavaca Street for a distance of 9..5 feet; thence northwesterly on a curve to the left, with. a radius of 452.98 feet for a distance of 160.4 feet, more,or less, to a point in the said north line of Lavaca Street; thence easterly along said north line of Lavaca Street for a distance of 97.6 feet, more or less, to the point of beginning. Said tract containing 2,470 square feet, more or less." Section 2. The tracks now on said right of way above described,which are hereafter to be maintained and operated under the terms and conditions of this ordinance, shall be used only as industrial spur tracks, that is, for the purpose of affording transportation to and from, loading, unloading and switching facilities, to commercial and industrial enter- prises now located, or hereafter to be located, in the vicinity of said tracks. Grantee shall have the right to operate engines and cars over said tracks so as to further the interests 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 tracks located upon the franchise area above described, and, provided further, that all engines and cars operated over said Lavaca Street by virtue of this franchise shall be operated thereover in such manner as not to unreasonably interfere with public traffic upon, along or across said street, and, except insofar as is reasonably necessary in the movement and handling of cars on said street, same shall be kept clear. Section 3. If The Kansas City Southern Railway Company shall fail to use, maintain and operate said tracks upon said franchise area for any period of six (6) consecutive months, this ordinance shall become null and�Ivoid and fully terminated. #3 - Y Section 4. This ordinance and the rights and privileges therein granted are subject to all the terms and provisions of the Charter of the City of Beaumont. Section 5. This franchise shall continue in force and effect, subject to the provisions of Section 3 hereof, for a period of thirty-five (35) years from and after the first day of March, A. D. 1965,unless sooner termi- nated as provided herein. By notice given six (6) months in advance, this franchise may be terminated by the City of Beaumont on March 1, 1975, and by similar notice it may be terminated at the end of any ten (10) year period thereafter during the period of this franchise. Further, upon six (6) months prior notice, the City of Beaumont may, if necessary to permit it to conform to the plans and recommendations of the City Planning Commission, or the City Planning and Zoning Commission of the City of Beaumont, cancel this franchise herein granted. Upon the termination of this franchise for any reason, Grantee shall, within ninety (90) days thereafter, remove from said franchise area all rails, ties and other construction and materials, and place such properties and area of the street where it was located in first class condition. Section 6-. 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 City Clerk of the City of Beaumont its written acceptance of this ordinance. Section 7. As reasonable compensation for the rights and privileges granted by this ordinance, Grantee, by the acceptance. hereof as provided in 4 Y- 173- ' x; #4- Section 4-Section 6 above, agrees and obligates itself, its successors and assigns, to pay to the City of Beaumont, on or before the first day of March of each year after the taking effect of this ordinance, including the first day of March, 1965, the sum of Fifty and no/100 Dollars ($50.00) . Section 8. The full text of this ordinance shall be, after final passage, published once in a newspaper of general circulation, published in the City of Beaumont, at the expense of the Grantee. PASSED, upon third and final reading, by the City Council of the City of Beaumont, this the -Z 4d day of February, A. D. 1965. Mayor t� First reading of this ordinance was the Iq day of 2,&Z 4'.?J,— second reading was the'day of day of ; and third and final reading was the 1965; and thereafter this ordinance was published as required by the City Charter of the City of Beaumont. Grantee, within 30 days after the passage and approval of this ordinance, filed its written acceptance thereof with the City Clerk of Beaumont. PASSED by affirmative votes of members of the City Council on the j'�'day o _ �ut 1965. This ordinance shall take effect and be in force from and after March 1, 1965, for a period of thirty-five (35) years, subject to the expiration. and termina- tion provisions therein provided. CITY OF BEAUMONT B d 'D' City Clerk