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HomeMy WebLinkAboutORD 51-BB(Md- • 5`1813 AN ORDINANCE AN ORDINANCE GRANTING TO GULF COLORADO AND SANTA FE RAILWAY COMPANY THE RIGHT �O USE, MAINTAIN AND OPERATE AN INDUSTRIAL TRACK IN, UPON OVER AND ALONG JIROU STREET AND ACROSS ITS INTERSECTION WITH LONG ASHLEY, EVALON AND GLADYS AVENUES IN MCFADDIN'� FIRST ADDITION TO THE CITY OF BEAUMONT IN ACCORDANCE WITH EXHIBIT; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY AS AN IN- DUSTRIAL SPUR TRACK; PROVIDING FOR SUCH OTHER DRAINAGE FACILITIES AND WORK TO BE DONE AS THE CITY ENGINEER MAY DIRECT; REQUIRING ACCEPTANCE BY. GRANTEE WITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIG- NATING WHEN THE SANTE SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION; MAKING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES 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) MORNS; PRESCRIBING EFFECTIVE DATE AND DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION TO REMOVE RAILS, TIES OTHER CONSTRUCTION OR MATERI- ALS WITHIN NINETY ?90) DAYS AFTER TERMINATION, AND RESTORE SAID STREETS TO SUBSTANTIALLY THE CONDITION IN WHICH THEY WERE AT THE TIME SAID TRACK WAS CONSTRUCTED, AND PROVIDING INDEMNITY CLAUSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Gulf, Colorado and Santa Fe Railway Company is hereby granted the right, franchise and privilege to use, maintain and operate at its own expense, a standard guage industrial rail- road spur track in, upon, over and,along Jirou Street and across its intersection with Long, Ashley, Evalon and Gladys`Avenues, 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 enters the south boundary line of Long Avenue at -a point which is at said track's chaining station 2 + 93.6, measured along the centerline of said track, from its head block turning out of Gulf, Colorado and Santa Fe Rail- way Company's yard track No. 24, and 326.1+ feet measured along the south line of said Long Avenue, from the point of intersection at the,south line of Long Avenue and the west line of Gulf Street in said City of Beaumont; thence in a northerly direction along a 9 degree 30 minute curve to the right, 68.8 feet to point of tangency in the - 1 - .• :3 3 - 4---L.9'5 'k 1 center line of said Jirou Street; at track chaining station 3 + 62.4; thence in a northerly direction and in the centerline of Jirou Street a distance of 1367.2 feet to a point in the south line of Louisiana Avenue for the end of said Industry Track. , 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 portion of said track 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 unreasonably 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 3. Gulf, Gulf, Colorado and Santa Fe Railway Company shall, at its own expense, use, maintain and operate said railroad track, in accordance with the charter and ordinances of the City of Beaumont now enacted or hereafter to be enacted, ..Furthermore., the said Gulf, Colorado and Santa Fe Railway Company shall install such drainage facilities or 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. 2 Section 4. 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 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 pri— vileges herein granted shall cease and terminate. Section 5. This franchise is granted subject to all 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 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 7. This ordinance shall go into force and effect for a period of ten (10) years from and after the 2nd day of April., 1958, 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 Com- mission of the City of Beaumont, cancel this franchise upon six (6) - 3 - months notice in writing given to grantee by grantor of its inten- tion to cancel same. Upon the termination of this franchise for any reason, grantee shall within ninety (90) days therafter-remove from the streets herein involved, all rails, ties and other con- struction material, and restore said streets to substantially the condition in which they were at the time the said track was con- structed; or if said streets have been.substantially changed since the time said track was constructed, then said streets shall be restored in keeping with the general condition of the streets in the blocks affected. m Section 8. Grantee shall indemnify, save and hold the City of Beaumont harmless 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 be 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 perform 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 doing so. PASSED By the City Council, this the 4th day of March , 19 5 . - MAYOR - - 4 - THE STATE OF TEXAS COUNTY OF JEFFERSON 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 regular session held 195_; the original of which is filed in the office of the City .Clerk and recorded in Volume Page , of the Minutes of Ordinances of the City of Beaumont, Texas. GIVEN UNDER MY HAND AND SEAL, OF THE CITY OF BEAUMONT, this the day of , 195. City Clerk of the City of Beaumont, Texas - 5 -