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Home My WebLink AboutORD 68-DDAN ORDINANCE ENTITLED AN ORDINANCE GRANTING GULF, COLORADO AND-SANTA FE RAILWAY COMPANY A FRANCHISE RIGHT TO ,MAINTAIN AND . OPERATE AN INDUSTRIAL . VSPUR . ...- TRACK . 0 +ER AND _ ACROSS . HOLNES STREET BETWEEN BLOCKS 22 and-21.-OF THE VAN WORMER.ADDITION TO THE CITY OF BEAUMONT, TEXAS, AND OVER -AND ACROSS ARCHIE.STREET BETWEEN BLOCKS 21 AND .201OF THE VAN WORMER ADDITION TO. THE_ CITY OF-BEAUMONT. IN ACCORDANCE WITH.EXHIBIT:-PROVIDING ALSO THAT. :SAID TRACK IS. AND SHALL . BE I SED . ONLY- AS AN . . INDUSTRIAL SPUR TRACK:.PROVIDING FORFEITURE FOR FAILURE TO USE MAINTAIN -OR OPERATE.FOR A PERIOD OFSIX (61MONTHS; PROVIDING.CANCEL- LATION CLAUSES AND -REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES AND OTHER CONSTRUCTION OR MATERIALS.WITHIN NINETY (90) DAYS AFTER.TERMINATION-AND THE.PLACING.OF SUCH PROPERTIES AND STREETS IN.FIRST CLASS CONDITION; AND PROVIDING FURTHER.THAT THE RIGHTS -AND PRIVILEGES.HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY GULF COLORADO AND-SANTA FE RAILWAY COMPANY WITHIN.HIRTY (30) DAYS AFTER THE PASSAGE AND.APPROVAL.OF._THIS-ORDINANCE; ALSO PROVIDED THAT GULF, COLORADO AND SANTA FE_ RAILWAY COMPANY.SHALL-PAY,TO THE CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF JULY OF EACH -YEAR THE SUM OF FIFTY AND.NO/100.DOLLARS ($50.00) AS REASONABLE 00IPENSATION FOR THE -PRIVILEGE AND FRANCHISE HEREBY GRAFTED, AND -PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUBJECT.TO THE TERMS AND CONDITIONS OF THE CITY CHARTER.OF THE CITY OF-BEAUMONT AND SHALL EXIST.FOR A PERIOD OF TEN (10) YEARS FROM AND. AFTER DECEtviBER 20th2 1960. BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION 1. Gulf, Colorado and Santa Fe Railway Company, its success- ors, assigns and lessees, is hereby granted the right and franchise to maintain and operate at its own expense a standard gauge indus- trial railroad spur track over and across Holmes and Archie Streets of the Van Wormer Addition to the City of Beaumont, Texas, as shown by the red lines on map hereto attached and made a part hereof and designated ttExhibit Alt, the centerline of said track being describ- ed as follows: a, - 1 - e p' Across Holmes Street from -the :Southeast cor- ner of Block.22 to the Southwest corner of Block 21 of the Van Wormer Addition to the City,of Beau- mont, Texas. Across Archie Street from -the Southeast cor- ner of Block 21 to the Southwest corner of Block 20 of the Van Wormer Addition to the City of Beau- mont, Texas. SECTION 2. The track now on said right of way which is to be maintained 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 upon the property of the City of Beaumont or 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 man- ner 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. The foregoing rights and privileges are granted upon the expressed condition that the said Grantee shall, within thirty (30) days after the passage and approval of this Ordi- nance, file with the City Clerk of the City of Beaumont its written acceptance of this Ordinance. - 2 - SECTION 4. 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 5. This Ordinance and the rights and privileges therein granted are subject to all of the terms and provisions of the Charter of the City of Beaumont, and said privileges and fran- chise hereby granted shall continue in force and effect for a period of ten (10) years from and after the 20th day of Decem- ber, 1960, unless sooner terminated as provided herein, pro- vided 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 furtherance 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 termina- tion of this franchise for any reason Grantee shall within ninety (90) days thereafter remove from the properties and streets involved herein, all rails, ties and other construc- tion or materials and place such properties and streets in first class condition, SECTION 6. As reasonable compensation for the rights and priv- ile,9,es granted by this Ordinance, Grantee agrees and obligates itself and its successors, assigns and lessees, to pay to the - 3 -W , City -of Beaumont on or before the first day of July of each year after the taking effect of this .Ordinance, the sum of FIFTY AND NO/100 DOLLARS ($50, 00). PASSED by the City Council, this the 2nd day of May 1961. 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 the City -of Beaumont. in session held May 2nd , 1961. GIVEN UNDER MY HAND AND SEAL OF THE CITY OF BEAUMONT, this the 2nd day of May 1961. D!�Lx� City. Clerk �l t Gulf, Colorado and': Santa ]Fe Railway Company RECEIVED b1 �y ' "A'.')HONT Tax Agents G. E. SCHULER, LAND AND TAX DEPART NTC , Land and Tax Commissioner T. J. MAGEE S. A. WRIGHT, P. O. BOX 629 Mar 15 g 36 AM 9�� O. W. MURPHY Asst. Land and Tax Commissioner J. G. LAWLER, JR. Galveston, T a01 C E OF CLrr�el� May 241 1961 9 r Mr. Jas . T . Garrard' City Clerk' City of Beaumont Beaumont' Texas. Dear Sirs I hand you herewith written accep- tance of the Gulf' Colorado and Santa Fe Railway Company for ordinance passed by the City council of the City of Beaumont in session held May 27 19619 granting the Gulf' Colorado and. Santa Fe Railway Company a franchise right to maintain and operate an industrial spur track over and across Holmes Street between Blocks 22 and 219 and over and a- cross Archie Street between Blocks 21 and 20 of the Tan Wormer Kddition to the City of Beaumont? Texas. Yours truly' & Tax Commissioner mu Encl. cc d lbssrs. W. R. Henry J. A. Manning Chilton OtBrien Z) Gulf, Colorado and Santa Fe Railway Company RECEIVED G. E. SCHULER, LAND AND TAX DEPARTMEIF '� ' `^' U M D NT Tax Agents Land and Tax Commissioner T. J. MAGEE S. A. WRIGIfT, P. O. BOX 629 MAY 15 R 36 AM 1 10. W. MURPHY Asst. Land and Tax Commissioner J. G. LAWLER, JR. Galveston, Texas` F Fi r' E OF May 249 1961 To the Honorable Mayor and City Council of the CITY OF BEAUMONT9 U;XAS. The GULF' COLORADO AND SANTA FE RAILWAY COINPANY hereby signifies and files in writing their acceptance of an ordinance passed by your honor- able body on the 2nd day of May' 1961: IrENTITLED AN ORDINANCE GRANTING GULF� COLORADO AND SANTA FE' RAIL- WAY COMPANY A FRANCHISE RIGHT TO MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK OVER AND ACROSS HOLES STREET BETWEEN BIXKS-22 and 21 OF THE VAN WORMER ADDITIONrTO THE CITY OF BEAUMONT' TEXAS; AND OVER AND ACROSS ARCHIE' STREET BETWEEN BLOCKS 21 AND 20 OF THE VAN WORMER 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 FORFEITURE'FOR FAILURE TO USE' MAINTAIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS: FRC VIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS. TIES AND OTHER CONSTRUCTION OR MATERIALS WITHIN NINETY (90) DAYS AFTER TERMINATION AND THE PLACING OF SUCH PROPERTIES AND STREETS IN FIRST CLASS. CONDITION; AND PROVIDING FURTHER THAT THE RIGHTS AND PRI- VILEGES HEREIN GRANTED SHALL BE ACCEPTED IN 14RITING BY GULF 9 COLORADO AND' SANTA FE RAILWAY COMPANY WITHIN THIRTY (30) DAYS AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE; AISO PROVIDED THAT GULF, COLORADO AND SANTA FE RAILWAY COMPANY SHALL PAY TO TM.CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM OF FIFTY AND N0/100 DOLLARS ($50000) AS REASONABLE COP,TENSATION!FOR THE PRIVILEGE AND FRANCHISE HEREBY GRANTED AND PROVIDING FURTHER THAT THE FRANCHISE ,SHALL BE SUBJECT TO- THE TERMS AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND,AFTER IJECEMBER 20thy 1960." GULL. I COLORADO AND SANTA FE RAILWAY COMPANY INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: March 9, 1961 To: Mr. J. W. Jeffrey, City Manager From: George E. Murphy, City Attorney Subject: COMMENT Attached hereto is a franchise ordinance submitted by Gulf, Colorado and Santa Fe Railway Company -for -renewal for a 10--year period of an industrial track franchise on their line across Holmes and Archie Streets. This is in the usual form and conforms to the pro- visions of our Charter, and also provides for a six months? cancellation notice in the event the City desires to use that portion of the streets or in furtherance of the plans and recommendations of the City Planning Commission. The franchise calls for the usual $50.00 a year fee. I am approving the ordinance as to form. G o ge Murphy C't Attorney GEM:h J�'I Orange Str. Victoria i_ Str. — t 0--- x (d Holmes J l�l t2* �• \ � I i- 7 V.010 ' 9 i q__t7 i i )SL2=H. .Trk. 91 30 29t72.6=t.X-ing 33t32.5= .Xing 8t75.5 %4*92J /Q BIk.22 60' cn N 6 0' N N BIk .6 0 ii O lL , 11 O} 1 000 00 Archie - - _ rn � I Jefferson) 1� I I I i Trinity i Neches Ave. z F`- lL N CO Ave.---- � c I L m S rr �T ST. BIk. 21 BIk.7 BONIE 60' CO BIk.2O a) 60' N Blk-8 Q ST. Scale:l"=100' 2.7 F 23t24.I�..X-ing d , +' i I 4671 ing i o O ar ,ing ~/ I S.No.l f I.No. / / \ 0.11 ,B.N -A. 11 l l 5 idDep t S / TO FRANCHISE FROM CITY OF B E AU MONT, T'EX AS TO GULF,GOLORADO AND SANTA FE RAILWAY COMPANY FOR _.,,. .,.or�� or�aiF GND HOL�NES STREETS L� TRACK TRACKS ACR SS AUNTY TEXAS. BEAUMONT, C.E.O.GALVESTON,TEXAS JEFFERSON C S"=400� JANUARY 6,1961 CALE:I •