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Home My WebLink AboutORD 77-82r ORDINANCE NO._� AN ORDINANCE GRANTING TO THE.ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, ITS.SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE.TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 72 IN, ALONG, UPON, OVER AND ACROSS MAGNOLIA, LONG AND GRAND AVENUES, WILLOW; PEARL AND PINE STREETS, AND A PUBLIC ROAD OR STREET LEADING TO THE CITY DUMP, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK N0.:85 IN, ALONG, UPON,.OVER AND ACROSS GILBERT STREET, HOLMES AVENUE, MILAM STREET, ARCHIE.AVENUE, FRANKLIN, BLANCHETTE, NECHES AND MAIN STREETS, IN SAID CITY, ALL IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING.THAT SAID TRACKS SHALL BE USED ONLY FOR THE:P,URPOSE OF LOADING, UNLOADING AND SWITCHING. TO INDUSTRIAL TRACKS SERVING COMMERCIAL AND INDUSTRIAL ENTER -PRISES;; PROVIDING REGULATIONS AND RESTRICTIONS.FOR.THE USE OF SAID TRACKS; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH.THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING.FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVIDING .THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACKS FRANCHISED.HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE -24,-1982, AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1 That.The Atchison, Topeka and Santa .Fe Railway Company is .hereby granted.the right, franchise and privilege to maintain and operate:at.i.ts own expense, its industry.lead Tracks Nos..72'and.85.in, .along" upon,.over and across .the aforementioned.streets.,.avenues, and/or .public roads., .the center line.of the said Tracks Nos. 72 and.85.being.described as follows: Track NO. -72 . . The center line of said Track No. '72 enters.the .west line.of Magnolia.Avenu.e_at said .Company's. Track .Chaining. Station -32 + 72.3; thence.in an easterly and .southeasterly direction .over .and.across Magnolia. Avenue, in, upon.and.along Long.Avenue,.over and across Grand Avenue, Willow,.Pearl.and Pi.ne.Streets, and .over and across a.public.road or.street.leading.to the City Dump .in. said City, to a.point.where said track.leaves said .public.road or street and enters private property .at . said Company's Track.Chaining.Station 51 +78.6. Track. NO" '85 First: .The.center line of said Track.No..85 enters the west line of Gilbert. Streetat a. point,120.feet, more. or.less.,.north,of the north- line.of Railroad Avenue, 9 i 1 • said.point.being.at-approximately Track Chaining Station 0 +.75; thence in a.general easterly and northeasterly direction, over and.across Gilbert Street, Holmes Avenue, Milam Street, Archie.Avenue, and Franklin Street; in, upon and along'Blanchette Street; over and .across .Neches.to a.point 100.0 _feet, more or.less, west of the west 1ine.of Park .Street, at approximately Track Chaining Station 28 +.50; - Second: 50; Second: The .center line of said Track. No..85.enters.the southeasterly line of Blanchette.Street,.at a.point 107.5.feet, more or.less; southwesterly from.the southeasterly extension,of.the .northeasterly line of Main Street;.thence in a northeasterly direction a distance of 110 .feet, more or.less,.to a.point.in-the northeasterly line of Main.Street,.located 24.0 .feet, more or -less, northwesterly from its intersection with the -southeasterly -line of.Blanchette.Street. The locations of said Tracks.Nos.•72 and:85 are as.shown by red -lines on print AGM -E Aiaarillo,.No. C=22=22416 B dated May.25, 1977,.hereto.attached, marked "Exhibit A10, and made a part..of.this ordinance. Section 2 The track -to .be maintained and operated under .this ordinance shall.be used only for .the purpose of loading, unloading and/or switching to industrial tracks.turni.n.g.out of said track .serving.commercial.and industrial enterprises.now or.hereafter.located in.the vicinity. -of said track. The grantee .shall have the right to operate engines., -trains and cars -over said track so as.to further the interest.for..which this, grant is given, provided .that no engines, trains or cars.of any,kind.s.hall 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, trains and cars operated.over said.pub.li.c.street .shall.be operated there- over in such a manner as not to unreasonably interfere with public traffic in, upon, along,.over and.across. said.street or any portion.thereof, and except insofar as is reasonably -necessary in -the: movementand handling of cars on said .street, same..shall.be.kept.clear.. The.Atchison,.Topeka and Santa .Fe Railway. Company shall,.at.its own expense., maintain.and operate -said -railroad track in accordance with ..the.Charter.and Ordinances.of.the City.of.Beaumont,.now enacted or'.here- - 2 - after to be enacted. Furthermore; said Railway Company shall maintain such drainage -facilities and'do such other work'.at.the direction.of the City Engineer, in connection with -the franchiseherein granted, as shall in.the opinion of .the City Engineer be desirable. All street work pro- vided for.herein shall be,done,under the ro-vided.for.herein.shall.be.done.under.the direction of.the City.Engineer, and Grantee -shall maintain said railroad track.at the same grade or .level as the established grade or.level of.the.respective street,.so as not in any way to.obstruct.the use,of said .street by .the public. ,.The.foregoing rights and privileges are granted upon.the expresscondition that the Grantee shall, within .thirty (30) days,after the passage and approval.of.this ordinance, file with .the.Clerk.of.the Ci.ty,of.Beaumout.its writtenacceptance.hereof,.and upon .further .condi- tion -.that the ondi-tion-.that.the Grantee .shall pay .to.the City of.Beaumont upon. acceptance ..hereof, the.sum,of ONE HUNDRED AND N0/100 DOLLARS,($100:00)..per annum so long.as.this ordinance.shall remain in .full force and effect, .the payment.to.be�made upon acceptance as.aforesai& 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. Section 5. ..This franchise:is granted -subject .to.all,of.the provisions of . the .Charter . and Ordinances .of . the City .of .Beaumont now in .effect or.hereafter.to.be.adopted or enacted. If..The.Atchinson,.Topeka and Santa .Fe Railway.CoAtpany.shall fail:to.use, maintain and/or operate said track.for.any.period.of six (6) months, .this ordinance.shall.become:inull.and-void:and:fully.termi- nated. MM Section 7. This ordinance shall go into force and effect for a.period of five.(5) years from and after the -24th day of .June, 1977, and this franchise shall terminate on June 24, 1982, 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 further- ance 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 street herein involved all rails, ties and other construction material, and place such street in substantially the. general condition of the.respective streets in the nearby vicinity. Section 8. Grantee shall indemnify, save and hold harmless -the City.of Beaumont 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's doing so. - 4 - Section 9. The.term "Grantee" as is used in this ordinance.shall.be.con- strued to include said The Atchison, Topeka and Santa.Fe Railway Company, its successors, assigns, lessees and .other Railway Companies, now or hereafter having trackage rights over the track covered .hereby or any part thereof. PASSED by the City Council, this J_Jday of L, 192. - Mayor - MM LN 23 C- tires•o.. c F7 Zo i 1y 1p� l Travis �1St� 25,^DPT. !' 9�� L 28 I ! 72C- I�}. 48•"A"Girde, •—'� ��, ��sJ'I�^I--i1 I J •� c �d 1 rF ane --- 1` 5tr. L ` t Iter Main 5t r. f6t C, os_ �. F-.. 43t i2.OHH�7c I L_J 4Li• 8MF754 .� i Z *° eorl 42+36.9 t 3f. m .0 rrh Paor1 , F LeTC H ER Willow L f X Grand �a)-- R/GHT O, ►r a 35.E �p �4 BEAUIVOA y A.GM.-,EAMAR/L z 7z$ I✓1a nolia _ Ave II v�•4�3s' I � {i I I AxonSL FA cc I 0 C. / �O IQ Q% ro �, � \ ' . ,� �,CK rr c may, \ • Ore 0 - IV `�' ' �.\ jC ` 03033.9` \ COTTON � Ar gg 6 WHSE. COTTON COM _ _ � // \ '� i✓. (�\ \ o� �; PRESS w \� v� Q\� WHARF NO 2 b 3 WHARF NC - - --- s �$1� �'kQ,. 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