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HomeMy WebLinkAboutORD 71-31industrial enterprises now or hereafter located in the vicinity of said track. The grantee shall have the right to operate engines, trains and cars over said 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 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 unreasonably interfere with public traffic in, upon, along, over and across said streets or any portion thereof, and except insofar as is reasonably necessary in the movement and handling of cars on said streets, same'shall be kept clear. Section 3. The Atchison, Topeka and Santa Fe Railway Company shall, at its own expense, maintain and operate said railroad track in accordance with the Charter and Ordinances of the City of Beaumont, now enacted or here- after 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 Engineer be desirable. All street.work pro- vided for herein shall.be done under the direction of the City Engineer, and grantee shall maintain said railroad track at the same grade or level as the established grade or level of the respective street, so as not in any wise to obstruct the use of said streets by -the public. Section 4- The.foregoing rights. and privileges. are granted upon the express condition that the. grantee shall, within thirty C30) . days. after the pass- age.and approval of this ordinance, file with the Clerk,of the City of Beaumont its writtenacceptance 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), the payment to b.e.made upon acceptance. as: aforesaid to constitute payment for the term of this.franchise. - 2 If such sum be not paid when due and if default in payment thereof con- tinues for thirty (30) days.thereafter, the rights and privileges herein granted shall cease and terminate. 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 track for any period of six (6) months this ordinance shall become'null and void and fully terminated. This ordinance shall go into force and effect fora period of one (1) year from and after the 25th day of June, 1971, and this franchise shall terminate on June 24, 1972. Upon the termination of this franchise for any reason, grantee shall within ninety (90) days thereafter remove from the streets herein involved all rails, ties and other construction material, and place such streets in substantially the general condition 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 railroad 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 b.e rendered against said City for any cause 'growing out of or resulting in any manner from the use, maintenance or operation of said railroad track, or the failure of the said grantee to do and.per— form any of the same or in any manner growing 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. 3 - Section 9. The term "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 trackage rights over the track covered hereby, or any part thereof. PASSED by the City Council, this day ofi(�L , A. D., 1971. THE STATE OF TEXAS COUNTY OF JEFFERSON. - Mayor - Z, Jas.. T. -Garrard City Clerk of The City of Beaumont, Texas., do hereby certify that the ah.oveand foregoing is a true and correct copy of an Ordinance passed'by the City Council of The City of Beaumont on the 13th day of July , 1971, the original of which is recorded in Volume l l Page in the minutes of ordinances in the office of the City Clerk of The City of Beaumont. GIVEN under my hand and seal of The City of Beaumont, Texas, this the 14th -day of July A. D., 1971. iu a �o x �,, /`te,z`'L`�� IX City Clerk, The City of Beaumont, Texas - 4 -