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HomeMy WebLinkAboutORD 73-1610° // ORDINANCE NO. _-,73-46 AM, ORDNAN.CE. GRMTING TO THE ATC,11ISON0 TOP E1U AND SANTA FE PIAILWAY COMPAM, ITS SUCCESSORS; ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE, TO MAINTAIN ANIS,, OVERATE AN INDUSTRY SPUR TRACY, N0.1'0 87 CROSSING MANKLIN STREET BETWMEN TRINITY STREET AND ARCHIE AVEMM IN TRE CITY or, BEAUMONT, JEFFERSON 'COUNTY.--- TEXAS. -IN AQCGRD - WITR'.EX HIBIT,ATTACHE` . HERETO; VIDING THAT SAID TRACK SHALL- BE ONLY Fort THE PuuosH OF LOADING, U14LOAD11IG A -LID SWITCHING T0,11NIDUSTRIAL TRACK SERVING. COWMRCIAL; ENTERPUSE; PROVIDING REGULATIONS AND RESTRICTIONS- FOR'TnE USE.. or SAID SPUR TRACK; 'PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE. WITH THE CHAPTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAIN- TENANCE 'WORK SHALL BE DONE AT THE DIRECTION OF THE, CITY ENGINEER; PROVIDIZIG' ,FOR 'FOR THE .ACCEP. , .ACCEPTANCE AND FEE HE, RE, UNDER; PROVIDING THAT 'THIS, FIWICHISE Is SUBJECT TO THE CHARTER AND OWMANCES OF THE CIT.Y.OF, BEAMIONT AND PROVIDING FOR TZLOIIIIATI614 FOR FAILURE -TO -USE THE TRACK FRANCHISED HERE- UNDER; PROVIDING FOR TEM11INATION . OF THIS FRANci-asE oiq FEBRUARY'24i 1973 AW THE RESTORATION OFSAID STREET WITHIN AINETY (90) DAYS TMEMM-TEki AND PROVIDING FOR INDEERMNIFiC&.- TION OF THE CITY OF BEAU11:1i)NT BE IT., ORDAINED BY TUE CITY OF BEAMONT, TEXAS: That The Atchi-son, Topeka and Santa Fe Railway Comipanygits succes- sors and assigns; ib.. hereby mgrqated! 1. the; right, franchise and. privilege to maintain and -operate, at its own expense, its standard gauge industry track in, along, uponi.over and across.the aforementioned:,street, the center line of the said spur track No. 87, being described as. follows:. Said center line.-, enters Franklin ',Street 'at a point near where the southe'rn boundary line, of",The Atchison, Topeka and Santa.FeRailway-Company's right of way inter- sects the ., northwesteil jine,'of said Franklin Street; thence An a southeasterly direction a distance of 85, feet across said Franklin Street to a pbint,ih'the.,southeasterly line of, said street, where it enters the property of the� Uni ted, Gas, Corporation. The location of said track is as shown by red line on print AGM -E Amarillo, ;tk _E No. C -21-23568-A. dated December 200 1972, hereto attached, marked z­part,of, this ordinance. Section 2. The spur track to b6.maintained and operated -,under this ordinance shall be used only for the purpose of. leading.,, unloading and/or witching to industrial tracks turning qdt of said spur track...'serving, commercial and industrial enterprises now orhereafterlocated in the vicinity of said spur tracks. The grantee shall. have the right to operate engines, trains and cars over said spur track so -as to further tha.interest for which this grant is' giveno provided that no. engines; trains of cars of. any kind shall be allowed to stand on any portion of said spur track Iodated oitfiin a public street of the City of Beaumont, and provided 'furth+e'r that-- all engines,; trains and cars operated over said public streetsshall be operated thdre--ovet - in such a manner As riot to un--. reasonably interfere,with public traffic iia, upon,, along, over and across said street or any portion therecf,,and'except insofar as is reasonably necessary . 'in the movement and handling of cars on said street, same shall be kept clear. Section .3. The ,Atchison, Topeka.and Santa Pe Railway Company shall., at its own expense, maintain And Operate said, spur track in accordance with the Charter and Ordinances of the City of Beaumont, now enacted or hereafter to be enacted: Furthermore;; said Railway Company shall maintain, such drainage facilities and -do such -other Work at the direction of the City Engineer, in connection with 'ties franchise 'herein granted, as shall in the opinion of the City Engi-= neek- be"desirable.,,. All street: w6rk provided for herein shall be done .udder the diredtion of the City TMigineero and.. Grantee shall maintain said spier track at the same grade or ldVel as"the established grade or level of the'respeet"ive. street, so as not in any way,to obstruct the use of said street 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's of this ordinance, file with. the Cleric of the City of Beaumont its written aceeptanee.hereof, and upon further condition that the Granted shall pay to the City of Beaumont upon, acdeptance hereof q the sum of fifty and N01100 Dollars ($50.,00) pelt annum. so 'long as this ordinance shall remain in full. force and effecti,the payment to be made upon acceptance as aforesal:d to constitute payment for the first year or part thereof_ remaining w en.this ordinance shall become effective., If such sums be not paid when'd'ue and if' default irepayment thereof continues,for thirty (30) days"thereafter., the rights and privileges: herein. granted shall cease and"terminate.. Page. 2 of 4 Section 5' This franchise is granted subject to all of the provisions'of the Charter and Ordinances of the City of.Beaumout now in effect or hereafter to be adopted or enacted, Section 6., If The Atchison„ Topeka and Santa Fe Railway Company shall fail to use, maintain and/or operate'sa.id spur track for any period of six (6) months this ordinance shall bec6me null and void and fully -terminated; Section 7 This ordinance shall go'into force and effect for a period of five (5) years from and after the 24th day of February- 1.973, and this franchise - shall terminate on February.,,, -?24' 1978, unless soon er, terminated. as .provided herain,lprovided that'the City of Beaumont may cancel this franchise at any time that the City of.Beamont desires to use that portion of its properties involved in this franchise upon six (6). month°s notice.iu writ- in.g .given to Grantee by .Grantor of its intention to :edndwl; same; axial, pro=. hided further Chat the. City .of Beaumont may, in.furtherance of the plans and recommendations 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. aforesaid. Upon the termination of-., this franchise for any reason, Grantee shall within ninety (90) days there- after remove from ,the streets herein involved all rails.,.ties and other con- struction material; and place -such street in substantially the general condi-= tion of the respective street -in the nearby vicinity. Section S, Grantee shale: indemnify, save atfd hold harmless the City of Beaumont from any and 61 liabilities, claims-, judgments, damages;. costs and, expenses. • . whatsoever growing out of or, resulting in any way from the use, maintenance or operation of said spur trach; or the failure of. the said.grantee to do and perform any. of the same, --or 3A. any wanner ,growing. out of .or resulting from the g9anting of. this .franchise, asii,d,shotnld-aiLy.judgment he rendered. against said City for any cause` grpwing out of or resulting in any iaminer rage 3 of 4 c? 0-0,.. C 7 from the use, maintenance or operation of said spur trach, or the failure of the said Granted .to do and l)erform any of the same or in any manner grow- ing out of or resulting from the granting of this franchise, then Grantee agrees to pay and satisfy said Judgment 'before and without said City's doing so. sectbxz,,.9.. The term as used' in this ordinance shall be coostrded to include said The Atchison] Topeka: and Santa .Pe Railway Company, its successors,, assigns, lessees and other Railway Companies, r�rsc or" hereafter having track-. Age rightp over the spur trach. covered. hereby$ or any part thereof. PASSED by the' City Co ndi ; this 0� �� clay of Page 4 of 4 �L �,t /:5 -r lO-7'�. ORDINANCE NO. 73-16 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE AN INDUSTRY SPUR TRACK NO. 87 CROSSING FRANKLIN STREET BETWEEN TRINITY STREET AND ARCHIE AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PRO- VIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING AND SWITCHING TO.INDUSTRIAL TRACK SERVING COMMERCIAL ENTERPRISE; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID SPUR TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAIN- TENANCE 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 TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HERE- UNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON FEBRUARY 24, 1978 AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICA- TION 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, its succes- sors and assigns, is hereby granted the right, franchise and privilege to maintain and operate, at its own expense, its standard gauge industry track in, along, upon, over and across the aforementioned street, the center line of the said spur track No. 87, being described as follows: � Said center line enters Franklin Street at a point near where the southern boundary line of The Atchison, Topeka and Santa Fe Railway Company's.right of way inter= sects the northwesterly line of said Franklin Street;. thence in a southeasterly direction a distance of 85 feet across said Franklin Street to a point in the southeasterly line of said street, where it enters the property of the United Gas Corporation. The location of said track is as shown by red line on print AGM -E Amarillo, .AGM ­E No. C -21-23568-A, dated December 20, 1972,hereto attached, marked "Exhibit A", and made a part of this ordinance. CArfirin 7 J The spur track 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 spur track serving commercial and industrial enterprises eq —73—x( 0 — 73 /(3 a now or hereafter located in the vicinity of said spur track. The grantee shall have the right to operate engines, trains and cars over said spur track 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 spur track 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 there -over in such a manner as not to un- reasonably interfere with public traffic in, upon, along, over and across said street or any portion thereof, and except insofar as is reasonably necessary in the movement and handling of cars on said street, same shall be kept clear. Corr; nrl q The Atchison, Topeka and Santa Fe Railway Company shall, at its own expense, maintain and operate said spur track in accordance with the Charter and Ordinances of the City of Beaumont, now enacted or hereafter to be enacted. 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 granted, as shall in the opinion of the City Engi- neer be desirable. All street work provided for herein shall be -done under the direction of the City Engineer, and'Grantee shall maintain said spur track at the same grade or level as the established grade or level,of the respective street, so as not in any way to obstruct the use of said street by.the public. Section 4.. ;Z 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 City of Beaumont its written acceptance hereof, and upon 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 this ordinance 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 become effective. If such sums be not paid when due and if default in payment thereof continues for thirty.(30) days thereafter, the rights and privileges herein granted shall cease and terminate. Page 2 of 4 Section 5. This franchise is granted subject to all of the provisions of the Charter and Ordinances of the City of Beaumont now in effect or hereafter to be adopted or enacted. Section'6. If The Atchison, Topeka and Santa Fe Railway Company shall fail to use, ', maintain and/or operate said spur track for any period of six (6) months this ordinance shall become null and void and fully terminated. r%is ordinance shall go into force and effect for a period of five (5) L. - years from and after the 24th day of February, 1973, and this franchise shall terminate on February24, 1978, 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) month's notice in writ- ing given to Grantee by Grantor of its intention to cancel same,? and pro- vided further that the City of Beaumont may, in furtherance of the plans and recommendations 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 aforesaid. Upon the termination of this franchise for any reason, Grantee shall within ninety (90) days there- after remove from the streets herein involved all rails, ties and other con- struction material, and place such street in substantially the general condi- tion of the respective street in the nearby vicinity. Section'8. Grantee shall indemnify, save and hold harmless the City of Beaumont 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 spur track, 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 Page 3 of 4 from the use, maintenance or operation of said spur track, or the failure of the said Grantee to do and perform any of the same or in any manner grow- ing out of or resulting from the granting of this franchise, then Grantee agrees to pay and satisfy said judgment before and without said City's doing SO. The term U"Grantee" as used in this ordinance shall be construed to include said The Atchison, Topeka and Santa Fe Railway Company, its successors, assigns, lessees and other Railway Companies, now or hereafter having track- age rights over the spur track covered hereby, or any part thereof. PASSED by the City Council, this ® day of , A.D. 13 . Page 4 of 4