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Home My WebLink AboutORD 55-BBAN ORDINANCE AN ORDINANCE GRANTING TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY THE RIGHT TO USE,.MAINTAIN AND OPERATE AN INDUSTRIAL TRACK IN, UPON, OVER AND. ACROSS GLADYS AVEN[TE IN MCFADDIN'S FIRST ADDITION TO THE CITY OF BEAUMONT IN ACCORDANCE WITH EXHIBIT; PROVIDING ALSO THAT SAID.TRACK IS AND SHALL BE USED.ONLY AS AN INDUSTRIAL 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 DESIGNATING WHEN THE SANTE SHALL BE PAID AND SETTING FORUI 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) MONKS;. PRESCRIBING EFFECTIVE DATE AND DURATION OF.SAID FRANCHISE; PROVIDING.CAN- CELLATION_CLAUSES AND REQUIRING GRANTEE, UPON.SUCH CANCELLATION TO REMOVE RAILS, TIES OTHER CON- STRUCTION OR MATERIALS WITHIN NINE+Y (90) DAYS AFTER TERMINATION,.AND RESTORE SAID AVENUE.TO SUB- STANTIALLY.THE.CONDITION IN WHICH IT WAS 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 railroad spur track in, upon, over and across Gladys Avenue, 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: Centerline of said industry track crosses the Southerly line of Gladys Avenue at a point 285.9 feet Westerly from the Northeasterly corner of Block Number Five -(5) in McFaddin' s First Addition to the City -of Beaumont, and runs thence Northerly on a lW' 26' curve to the right in said centerline across Gladys Avenue 60.2 feet to a point in the -Northerly line of said street which is 291.4 feet Westerly from the South- easterly corner of Block Number Ten (10) in said McFaddin's First Addition. - 1 - 3 -a-t Section 2_, The track -now on said right of way which 'is to be used, maintained and operated under the terms and conditions of this ordinance, shall be= -used only as an industrial spur track; that ist for the purpose of affording loading, unloading, and switching facilities tolcommercial 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 tra-ck'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 Beautaont, and, provided furtheri 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 sis reasonably necessary in the -movement and handling of cars on said streets, same shall be kept clear. Section 3, Gulf, Colorado and Santa Fe Railway -Company shall' at its own expense, use, maintain and operate,said-railroad tracks 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 maintain -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. 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 of this ordinance, file with the - 2 - W 55_8 B 3- l`� W i 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/300 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 thereafter2 the rights and -pri- vileges herein granted shall cease and terminate.. Secti_ on 5� This franchise is granted subject to all the provisions of the charter and ordinances of the City of Beaumont now in effect or h --e r_e-:.a fter to be adopted or enacted. Sectio b. 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. §ectioa 7. Y This ordinance shall -go into force and effect for a period of ten (10) years from and after the ?th day of Maya 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 Beaumontl,cancel this franchise upon six (6) 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 thereafter remove from the street herein involved, all rails, ties and other con- 3- .struction-material, and restore -said street to -substantially the condition in,which it was at the time -the said track was con- structed; or if said .street has been substantially changed since the time said track was constructed,,then said street shall be restored in keeping with the general condition of the streets in the blocks affected. 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 day of 1958 • { - MAYOR - THE STATE OF TE) LA.,S - COUNTY OF JEFFERSON .. I, Jas. T. Garrard; 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 th.e City of Beaumont in regular session held March -25 1958; the original of which is filed in the office of the City Clerk oftheCity of Beaumont; Texas, GIVEN UNDER MY HAND AND SEAL OF'THE CITY OF BEA.UMONT., this the day. of , 1958. 4i-Ck of the' City f Beaumont, Texas I/�L E -/1V r1NZ- ST" 9 EX141131 T A" �EE TO OPD/N.4NCE FROM e,j s r GI T K OF BEAUMONT, TEXAS fo -5 TO GULF, COLOPADGe1SA1VTA FE-�P.4/LWAK CO1WP14Nv FOR F'Z4NCY1JE ,P/61-IT7 FOP /NDU5T K TPA CK AT BEAUMONT, JEFFEP.5O/V, COUNTY, TFX143 C. E.O. GALYE.3 TON, EXAJ JAMVA ,PY 24, /9-'7& SCALE: /"-/00' CEG. N2 C-23-22374 l �' FDR CH/EF ENG/NEEP