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HomeMy WebLinkAboutORD 7-BB.. v' AN ORDINANCE 2Y' J�ENTITLED AN ORDINANCE GRANTING THE GULF AND INTER- uSTATE RAILWAY COMPANY OF TEXAS A FRANCHISE RIGHT • TO MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK OVER AND ACROSS BOWIE STREET TO SERVE THE JOSEY- MILLER COMPANY IN THE, CITY OF BEAUMONT IN ACCOR-DANCE WITH EXHIBIT; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY AS AN INDUSTRIAL SPUR TRACK- PROVIDING FORFEITURE FOR FAILURE TO USE, MAINRIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES AND OTHER CONSTRUCTION OR MATERIALS 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 GULF AND INTER -STATE RAILWAY COMPANY OF TEXAS WITHIN THIRTY (30) DAYS AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE• ALSO PRO- VIDING THAT THE GULF AND INTER -STATE iUILWAY COMPANY OF TEXAS SHALL PAY TO THE CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM OF FIFTY AND N0/100 ($50.00) DOLLARS AS REASON- ABLE COMPENSATION FOR THE PRIVILEGE AND FRANCHISE HEREBY GRANTED, AND PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CON- DITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER MARCH 14TH, 1957. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The Gulf and Inter -State Railway Company of Texas, its successors, assigns and lessees, is hereby granted the right and franchise to maintain and operate at its own expense a standard gauge industrial railroad spur track over and across Bowie Street, to serve the Josey -Miller Company, as shown by the red line on map hereto attached and made a part hereof and designated "Exhibit A", the centerline of said track being described as follows: Beginning at a point in the northwesterly line of Bowie Street said point being sixty-two and two-tenths (62.23 feet southwesterly from the northeasterly corner of Block Number Fifty-five (55), Van Wormer Addition to the City of Beaumont -;- thence along the centerline of proposed Texas Industry Track Number Five (5), Gulf and Inter - State Railway Company of Texas, in a southeasterly direction along a curve of twenty-three degrees twenty-five minutes (230 251) to the right, for a distance of thirteen (13) feet to the end of said - 1 - curve; thence continuing southeas.terly on tangent along said centerline, crossing the centerline of Bowie Street on an angle of seventy-seven degrees forty-two minutes (770 421), a distance of forty- three and seven tenths (43.7) feet to the begin- ning of an eleven degree fifty-eight minute (110 581) curve to the right in said centerline; thence continuing on an eleven degree fifty-eight minute (110 581) curve to the right a distance of six feet to a point where said centerline crosses the southeasterly line of Bowie Street forty-nine and three tenths (49.3) feet southwesterly from the northwesterly corner of Block Number Fifty-six (56) of said Van Wormer Addition. Section 2. The track now on said right of -way which is to be main- tained 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 por- tion of said track located upon the property of the City of Beaumont or located within a public street of the City of Beaumont, and, provided further, that all engines and cars operated over said public streets shall be operated thereover in such manner as not to un- reasonably interfere with public traffic upon and along or 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 �. 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. - 2 - Section 4. If The Gulf and Inter -State Railway Company of Texas shall fail to use, maintain and operate said track for any period of six months this ordinance shall become null and void and fully terminated. Section 5, 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 franchise hereby granted shall continue in force for a period of ten (10) years from and after the 14th day of March, 1957, 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 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 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. Section 6. As reasonable compensation for the rights and privileges granted by this ordinance, grantee agrees and obligates itself and its successors, assigns and lessees, 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 ($50.00). - 3 - PASSED by the City Council, this the 23rd day of April , 1957. 9 A - rl x i v n - I, ,-City Clerk of the City of Beaumont, 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 in session held , 1957. GIVEN UNDER MY HAND AND SEAL OF THE CITY OF BEAUMONT, this the day of 1957. City Clerk 6 ' 6 i I -7 I 6 � I . I b -------------- - - v: L G68 KC--- -- -- --- - - -jy�j------------ ------ -------- Railroad 94 N°3 C.9•�KC'�11 Av _ N To WHI�,e F ---- ---- -- X101 Q i- --------- •.� —------------ -- 41 - - `-O L 4a -- ��G83KfIN o 1—� SGB rLq 12 4 ' 2_ �b ,1 - ;_n' i r1 21 2 Mg 15 1 a o I �� 3 10 1 NQ23, , N° 14 , ; U� 4 9 I I I 0 5 s C I� I 6 7 , r I Gal v, I FX HIBI T A" TO ORDINANCE FROM CITYOF BEA UMON T, TEXAS TO THE GULFANOlNTERSTATE,.eq/LWgYCOMPAJYYoFTEX.9J FOR FRANCH/SF.R/GMTS FOR INDU5Ti4Y TRACK AT BEAUMON, JEFFERSON COUNTY, TEXAS G,C a, 0A1-VE5TOIYTEXAS, FEBRUARY 28,1957 . SCALE l•- /00' CE.G. N° C-22-22022• APPROVED: /DENT/F/ED BY __ FOR CHIEF ENGINEER i i m ,, I I It to 3 I� 10o 4 VAN WOR ' I I E 9 ADDITION 4 +- 13 • 1 J In V) 8 6 ' 6 i I -7 I 6 � I . I b -------------- - - v: L G68 KC--- -- -- --- - - -jy�j------------ ------ -------- Railroad 94 N°3 C.9•�KC'�11 Av _ N To WHI�,e F ---- ---- -- X101 Q i- --------- •.� —------------ -- 41 - - `-O L 4a -- ��G83KfIN o 1—� SGB rLq 12 4 ' 2_ �b ,1 - ;_n' i r1 21 2 Mg 15 1 a o I �� 3 10 1 NQ23, , N° 14 , ; U� 4 9 I I I 0 5 s C I� I 6 7 , r I Gal v, I FX HIBI T A" TO ORDINANCE FROM CITYOF BEA UMON T, TEXAS TO THE GULFANOlNTERSTATE,.eq/LWgYCOMPAJYYoFTEX.9J FOR FRANCH/SF.R/GMTS FOR INDU5Ti4Y TRACK AT BEAUMON, JEFFERSON COUNTY, TEXAS G,C a, 0A1-VE5TOIYTEXAS, FEBRUARY 28,1957 . SCALE l•- /00' CE.G. N° C-22-22022• APPROVED: /DENT/F/ED BY __ FOR CHIEF ENGINEER i