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HomeMy WebLinkAboutORD 66-AAKI �6A AN ORDINANCE ENTITLED AN ORDINANCE GRANTING TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY A FRANCHISE RIGHT TO LAY, BUILD, CONSTRUCT, MAINTAIN -AND OPERATE AN INDUSTRIAL TRACK IN,.UPON, OVER AND ACROSS THE TWENTY (20) FOOT ALLEY RUNNING EAST AND WEST THROUGH BLOCK 8-OF-_McFADDIN!S FIRST -ADDITION TO THE CITY OF BEAUMONT IN ACCORDANCE WITH EXHIBITS; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT -SUCH WORK BE IN ACCORDANCE WITH- CHARTER . AND ORDINANCES OF -THE CITY AND IN ACCORDANCE WITH -EXHIBITS) AND -REQUIRING SUCH.OTHER, DRAINAGE FACILITIES . AI1TD WORK . TO BE . DONE AS THE CITY ENGINEERS ,MAY- DIRECT; REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS OF.PASSAGE AND APPROVAL; PRE- SCRIBING.FEE TO BE PAID AND DESIGNATING WHEN THE SAME SHALL.BE PA ID.AND SETTING FOR TH.FORFEITURE PROVISION; MAKING_ SAID . FRANCHISE SUBJECT TO _THE CHARTER AND ORDIRANCES_OF THE.CITY NOW IN FORCE AND HEREAFTER TO BE -ENACTED OR ADOPTED; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN OR -OPERATE FOR A PERIOD OF SIX (6) MONTHS; PRESCRIBING EFFECTIVE DATE AND DURA- TION -OF SAID -FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING_GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES, OTHER CONSTRUCTION -OR MATERIALS WITHIN NINETY (90) DAYS AFTER TERMINATION, AND RESTORE SAID.ALLEY TO SUBSTANTIALLY THE CONDITION IN WHICH IT WAS_AT_THE TIME SAID TRACK WAS CONSTRUCTED, AND PRO- VIDING INDEMNITY CLAUSES, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the Gulf, Colorado and Santq.Fe Railway Company, its successors and assigns, is hereby granted the right, franchise and privilege to lay, build, construct, maintain and operate at its own expense, a standard guage industrial railroad spur track upon and across the twenty (20) foot alley running East and West through Block 8 of McFaddin!s First Addition to the City of Beaumont, as shown by -red line -on map hereto attached and made a part hereof, and designated as Exhibit "A", the centerline of said track being described as follows: - "Said centerline, being an extension of the centerline of said Railway Company's industry track No. 68, now existing in Lot 7, Block 8 of McFannin's First Addition, enters the South line of said 20 foot alley running East and West through said.Block 8, 10.0 feet East of the Northwest corner of said Lot 7, Block 8, and -runs thence Northerly, 20.0 feet to a point in the North line of said 20 foot alley." - 1 - .6 . � 4-;q Section 2. The track to be laid, built, constructed, maintained and operated under this ordinance shall be used only as an industrial track, that is, for loading, unloading and switching facilities to commercial and industrial enterprises now or hereafter located in the vicinity of said track. The grantee shall have the right to operate engines and cars over said track when completed 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 within said public alley in the City of Beaumont, and provided further that all engines and cars operated over said public alley shall be operated thereover in such a manner as not to unreasonably interfere with natural traffic upon and along or across said alley or any portion thereof, and except in so far as is reasonably necessary in the movement and handling of cars on said alley, same shall be kept clear. Section 3. The Gulf, Colorado and Santa Fe Railway Company shall at its awn expense, lay, build, construct, maintain and operate said railroad track and adjacent areas herein involved, in accordance with the charter and ordinances of the'City of Beaumont now en- acted or hereafter to be enacted, and in accordance with the exhibits attached hereto and made a part hereof. Furthermore, the said Gulf, Colorado and Santa Fe Railway Company shall install such drainage facilities and.do such other work at the time, or at a later date, 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 provided for herein shall be done under the direction of the City Engineer. Section �. The foregoing rights and privileges are granted -upon the express condition 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 Twenty-five ($25.00) Dollars, and in addition thereto shall pay to the City annually and in advance of the first day of July the sum of Twenty-five ($25.00) 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 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. - 2 - Section 5. This franchise is granted subject to of the charter and ordinances of the City of effect or hereafter to be adopted or enacted. Section 6. all the provisions Beaumont now in 36 6 A-6 -= r gs% If the 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 %. This ordinance shall go into force and effect ten (10) days after its adoption and approval and shall continue for a_ period of ten (10) years thereafter, unless sooner terminated as provided herein, provided that the.City of Beaumont may, in furtherance of the plans or recommendations of -the City Planning Commission or the City Planning and Zoning Commission of the City of Beaumont, 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 alley herein involved, all rails, ties and other con- struction material, and restore said alley to substantially the condition in which it was at the time the said track was con- structed; or if said alley has been substantially changed since the time said track was constructed, then said alley shall be restored in keeping with the general condition of the alley in the blocks affected. Section 8. Grantee shall indemnify, save and hold the City of Beaumont harmless from any and all liabilities, claims, judg- ments, damages, costs and expenses whatsoever vrowing out of or resulting in any way from the laying, building, construction, 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 be rendered against said city for any cause growing out of or resulting in any manner from the laying, building, construction, 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 re- sulting from the granting of this franchise, then grantee agrees to pay and satisfy said judgment before and without said city doing so. - 3 - PASSED by the City Council, this the 8th day of January , 195 ? • -NIA Y 0 R - City Clerk of the City of Beaumont, Texas, do hereby certify that the above and fore- going is a true and correct copy of an ordinance passed by the City Council of the City of Beaumont in session held ' 195 GIVEN UNDER IVIY HAND AND SEAL OF THE CITY OF BEAUMONT, this the day of , 195 City Clerk - 4 - oq4 , 6 � 4-A _ Q 6 .o7, iA/1 6� 6hAl 12 T -A .65 1 J1R0U Sr O V-1vg ) 0 L-1 A 6� 6hAl 0 /'I�lc9DilN' 1_71' ?0017_)ON EX/NISIT 'A go -To Ordinance From CITY OF BEAUMONT, TEXA5 TO Gu/f, color-odo .13nd ja'nta 1,-e Railway Componv FOR Franchisc Rights For lndusfry Track A� f eourno/7 f, .T P f'fe rs o n Cour) fy, Teras CZ -0, Galveston, TeX as , November 13, f 956 .Scor /e / "=/00 �1,opio wed.- fo r GhieFL`q 9inee r 10(er)11/7 ed by: C-1 -21929 fl 12 1 0 3 'I v' 4 9 W J _ k'-------- 1- '------------- I 0 /'I�lc9DilN' 1_71' ?0017_)ON EX/NISIT 'A go -To Ordinance From CITY OF BEAUMONT, TEXA5 TO Gu/f, color-odo .13nd ja'nta 1,-e Railway Componv FOR Franchisc Rights For lndusfry Track A� f eourno/7 f, .T P f'fe rs o n Cour) fy, Teras CZ -0, Galveston, TeX as , November 13, f 956 .Scor /e / "=/00 �1,opio wed.- fo r GhieFL`q 9inee r 10(er)11/7 ed by: C-1 -21929 fl