HomeMy WebLinkAboutORD 41-X7 AN ORDINANCE1 ad
ENTITLED AN ORDINANCE GRANTING TO GULF9 COLORADO
AND SANTA FE RAILWAY COMPANY A FRANCHISE RIGHT TO
LAY, BUILD, CONSTRUCT, MAINTAIN AND OPERATE AN
INDUSTRIAL TRACK IN, UPON, OVER AND ACROSS JIROU
STREET IN McFADDINIS FIRST ADDITION TO THE CITY
OF BEAUMONT IN ACCORDANCE WITH EXHIBITS; PROVID-
ING 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 REQUIR-
ING SUCH. OTHER DRAINAGE FACILITIES AND 1.11ORK TO BE
DONE AS THE CITY ENGINEERS MAY DIRECT; REQUIRING
ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS OF
PASSAGE AND APPROVAL;; PRESCRIBING FEE TO BE PAID
AND DESIGNATING WHEN THE SAME SHALL BE PAID AND
SETTING FORTH FOREFEITURE 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) MONTHS; PRESCRIBING EFFECTIVE DATE AND
DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION
CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELIA-
TION, TO REMOVE RAILS, TIES,_OTHER CONSTRUCTION
OR MATERIALS WITHIN NINETY (90) DAYS AFTER TERMI-
NATION, AND RESTORE SAID STREET TO SUBSTANTIALLY
THE CONDITION IN WHICH IT WAS AT THE TIDE SAID
TRACK WAS CONSTRUCTED,. AND PROVIDING INDEMNITY
CLAUSES.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the Gulf, Colorado and Santa 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 Jirou Street, as shown by red line on map hereto
attached and made apart hereof, and designated as "Exhibit All,
the centerline of said track..being described as follows:
"Said centerline turns out of said Railway
Company's present industry track No. 65
which runs along the centerline of Jirou
Street,at a point approximately 20 feet
North of the North line of Ashley Street,
and runs thence Northeasterly on a curve to
the right, crossing the Easterly one-half
of said Jirou Street, and enters said Rail-
way Company's property in Lot 6,;Block 3 of
McFaddin's First Addition at a point approxi-
mately 10 feet North of the Southwest corner
of said Lot 6, which is also the Easterly
line of said Jirou Street."
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Section 2.
The track to be laid, built, constructed, maintained
and operated under this ordinance shall be used only as an in-
dustrial 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 a public street of the City of Beaumont, and
provided further that all engines and cars operated over said
public street shall be operated thereover in such -a manner as
not to unreasonably interfere with public traffic upon and
along or across said street or any portion thereof, and except
in so far as is reasonably necessary in the movement and
handling of cars on said street, same shall be kept clear.
Section 3.
The Gulf, Colorado and Santa Ib Railway Company shall,
at its own 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 Beau-
mont now enacted or hereafter to be enacted, and in accordance
with the exhibits attached hereto and-:.nade a part hereof.
Furthermore. -the said Gulf, Colorado and Santa 14b Railway Com-
pany 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 direc-
tion 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.
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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 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 7.
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 street herein involved, all rails, ties and other con-
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 street 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 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 grow-
ing 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, build-
ing, 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, then grantee agrees to pay and satisfy
said judgment before and without said City doing so.
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PASSED by the City Council, this the day of
1952.
- M A Y 0 R-
I,
,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
1952.
GIVEN UNDER MY HAND AND SEAL OF THE CITY OF BEAUMONT,
this the day of
1952.
City Clerk
GALVESTON9 TEXAS August 89 1952
To the Honorable Mayor and
City Council of the
City of Beaumont? Texas:
The GULF, COLORADO AND SANTA FE RAILWAY COMPANY hereby
signifies and files in writing its acceptance of an ordinance
passed by your Honorable body on the 22nd day of Julyq 19527 en-
titled "AN ORDINANCE GRANTING TO GULFS COLORADO AND SANTA FE
'RAILWAY COMPANY A FRANCHISE RIGHT TO LAY,BUILDS CONSTRUCTS MAIN-
TAIN AND OPERATE AN INDUSTRIAL TRACK IN, UPON, OVER AND'ACROSS
JIROU STREET IN McFADDINIS 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 ACCORD-
ANCE WITH CHARTER AND ORDINANCES OF THE CITY AND IN ACCORDANCE
WITH EXHIBITS9 AND REQUIRING SUCH OTHER DRAINAGE FACILITIES AND
WORK TO BE DONE AS THE CITY ENGINEERS MAY DIRECT; REQUIRING AC-
CEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL;
PRESCRIBING FEE TO BE PAID AND DESIGNATING WHEN THE SAME 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 USES MAINTAIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS; PRESCRIB-
ING EFFECTIVE DATE AND DURATION OF SAID FRANCHISE; PROVIDING CAN-
CELLATION CLAUSES AND REQUIRING GRANTEES UPON SUCH CANCELLATION' TO
REMOVE RAILS9 TIM OTHER CONSTRUCTION OR MATERIALS WITHIN NINETY
(90) DAYS AFTER. TERMINATIONq AND RESTORE SAID STREET TO SUBSTAN-
TIALLY THE CONDITION IN WHICH IT WAS AT THE TIME SAID TRACK WAS
CONSTRUCTED? AND PROVIDING INDEMNITY CLAUSES."
GULFS COLORADO AND SANTA FE RAILWAY COMPANY
By �✓Q � f� `���
Its Land and Tax Commissioner