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Home My WebLink AboutORD 77-94C ORDINANCE NO. 77 7''j AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE AN INDUSTRY TRACK FROM A POINT'IN BLANCHETTE STREET SOUTHEASTERLY OF BLOCK 69, OF THE OLD TOWN OF BEAUMONT CONNECTING WITH AND PARALLEL TO THE MAIN TRACK OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY NOW CONSTRUCTED IN SAID STREET AND RUNNING DOWN SAID BLANCHETTE STREET TO A POINT OPPOSITE LOT NO. 357 IN SAID.BLOCK IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL ENTERPRISES; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVID- ING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAIN- TENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGI- NEER; PROVIDING FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVID- ING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDI- NANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 14,,19:7:8 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, its successors and assigns, is.hereby granted .the right, franchise and privilege to maintain and operate, at its own expense, its standard gauge industry track in, along, upon,.over and across the.aforementioned streets, the .center line.of the said trackbeing.described as follows: From a point in the main line track of The Atchison, Topeka and Santa Fe Railway Company in Blanchette Street at Track Chaining. Station 25 + 59.2 to a point opposite Lot No. 357 in Block No. 69, a distance of approximately 317 .feet. The location of said track is as shown by red line on print C.E.O. Galveston, C.E.G. No. C-19-23360 dated May 16, 1972, hereto.attached, marked "Exhibit A", 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 -turning 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 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, trains and cars operated over said public 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 movement and handling of cars on said street, same shall be kept clear. Q-4-4— q 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- 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 franchise herein granted, as .shall in .the opinion of.the City Engineer be desirable. All.street.work pro- 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. Sari -inn A 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 Clerk of the City.of.Beaumont-its writtenacceptance hereof, and upon .further condi- tion 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. - 2 - 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. Section 9. ..The term "Grantee1°"as is used in this ordinanceshall-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 ,ws day of o`er 19. • - ayor - 4-- 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 Company shall fail to use, maintain and/or 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 one (1) year from and after the 14th day of June, 1977, and this franchise shall terminate on June 14, 1978, unless sooner terminated as provided herein, provided that the City of Beaumont may cancel this frachise 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. Grantee shall indemnify, save and.hold.harmless the City of Beaumont from any and all liabilities, claims, judgments, damages, costs -3- it � � � 4 �� • �' `/ v '� � i C+ � ( (a1 f R3 � - Ul 43 cil Y. "x TQ ndha. vee —ate BLANCHETTE ST. •;��.:, ':.� N �, V3 (�� pI g ` gg `C�` S'T` f �i �. E H I 18 Bl ABc ATTACHE® TO A FRANCHISE FROM -CITY OF BEAUiVIONT - TO THE ATCHISON, TOPE-KA AND SANTA FF RAILWAY COMPANY FOR INDUSTRY TRACK IN BLANCHETTE STREET - AT BEAU MONT, JEFFERSON COUNTY TEXA-S G.E..O.GALVESTON,TEXAS SCALE: l"=100' .'MAY 160 972 •E.0. m Icl®233 6 0 {