HomeMy WebLinkAboutORD 145 FFj;1'
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AN ORDINANCE
ENTITLED AN ORDINANCE GRANTING GULF, COLORADO AND
SA14TA FE RAILWAY COMPANY A FRANCHISE RIGHT TO MAIN-
TAIN AND OPERATE AN INDUSTRIAL SPUR TRACK IN, UPON,
OVER AND ACROSS JIROU STREET IN McFADDIN?S FIRST
ADDITION TO THE CITY OF BEAUMONT, AS SHOWN BY EX-
HIBIT ATTACHED TO THE ORDINANCE; PROVIDING ALSO
THAT SAID TRACK IS AND SMALL BE USED ONLY AS AN
INDUSTRIAL SPUR TRACK; PROVIDING FORFEITURE FOR
FAILURE TO USE, IVIIAINTAIN OR OPERATE FOR A PERIOD
OF SIX (6) MONTHS; PROVIDING I;;ANGELLATION 6LAUSES
AND REQUIRING GRANTEE, UPON SUCH_CANCELLATION, TO
REMOVE RAILS, TIES AND OTHER L;ONSTRUUTION OR MA-
TERIALS WITHIN NINETY (90) DAYS AFTER TERMINATION
AND THE PLACING OF SUCH PROPERTIES AND STREETS IN
FIRST CLASS..0NDITION; AND PROVIDING FURTHER THAT
THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE
ACi;EPTED IN WRITING BY GULF, i;OLORADO AND SANTA.
FE„RAILWAY UOMPANY WITHIN THIRTY (30) DAYS AFTER
THE PASSAGE_AND APPROVAL OF THIS ORDINANCE; ALSO
PROVIDING THAT GULF; COLORADO AND SANTA FE RAIL-
WAY COMPANY SHALL 'PAY,TO THE, CITY OF BEAUMONT
ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR
THE SUM OF FIFTY AND NO/100 DOLLARS.(, -00) AS
REASONABLE COMPENSATION'FOR THE PRIVILEGE AND
FRANCHISE -HEREBY GRANTED, AND PROVIDING FURTHER
THAT.THE FRANCHISE SHALL BE SUBJECT TO THE TERMS
AND CONDITIONS OF THE i;ITY. CHARTER,. OF THE CITY OF
BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (10)
YEARS FROM AND AFTER JULY 162 1964•
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the Gulf, Colorado and Santa Fe Railway Company,
its successors and assignp, 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
Jirou Street, as shown by red line on map hereto attached and
made a part hereof, -and designated as '?Exhibit Alf, the center-
line of said track being described as follows:
"Said centerline turns out of said Rail-
way Companyts industry track No. 65 which
runs along the centerline of Jirou Street,
at a point approximately 47 feet North of
the North line of Long Avenue; thence North-
easterly on a curve to the right, a dis-
tance of 109.3. feet; thence continuing North-
easterly, on a curve to the left, to the
Easterly line of Jirou Street, entering Lot
6, Block 2, of McFaddin's First Addition to
a point approximately 37 feet North of the
Southwest corner of said Lot 6, said cen-
L_3n-64- terline crossing the Easterly one-half of
Jirou Street.'?
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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.Gtty 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 .4.
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 UO) years from and after the 16th day of July,
1964, unless sooner terminated as provided herein, provided
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 properties
and streets in first class condition.
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Section 5.
The foregoing rights and privileges are granted
upon the expressed 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 rights and
privileges granted by this Ordinance, Grantee agrees and
obligates itself and its successors and assigns, to pay
to the City of Beaumont on or before the 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 AA' day of
U LO L' , 1964.
PASSED First Reading on the �kday of , 1964
PASSED Second Reading on the day of ti(.C� , 1964
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PASSED Third and Final Reading on the 7� day of ak
1964.
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THE ..STATE OF TESLAS �
COUNTY OF JEFFERSON
I, Jas. T. Garrard, City Clerk of the City of Beau-
mont, -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
A v , A. D., 19649 the original of-W,hich is
filed in the office of the_ Gity. Clerk of the City of Beau-
mont, Texas.
GIVEN under my hand and seal of the City of Beau-
mont, Texas, this the' day of Aoaos, A.' D.'S
1964.
City Clerk. 77