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HomeMy WebLinkAboutORD 16-EEAN ORDINANCE ENTITLED AN ORDINANCE GRANTING TO THE SOUTHERN PACIFIC COMPANY, A CORPORATION, ITS - SUCCESSORS -AND ASSIGNS, A FRANCHISE RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE AN INDUSTRIAL RAILROAD SPUR TRACK, IN, UP01-1 AND ACROSS -THE LEFT FRONTAGE ROAD OF LOOP 251 IN THE CITY OF BEAUMONT, BEGINNING AT A.POINT.IN SAID LEFT FRONTAGE ROAD ON THE WEST LINE OF. SOUTHERN PACIFIC COMPANYIS CHAISON BRANCH.PROPERTY,-SAID POINT BEING TWENTY FIVE FEET (251).WESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF SOUTHERN PACIFIC COMPANY'S CHAISON BRANCH MAIN TRACK, AND EXTENDING IN A NORTHERLY DIRECTION -.APPROXIMATELY THIRTY FEET (30t) TO THE NORTH LINE OF SAID LEFT FRONTAGE ROAD, AS SHOWN ON MAP ATTACHED TO THIS ORDINANCE; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY AS AN INDUSTRIAL TRACK, AND PROVIDING.FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY THE SOUTHERN PACIFIC COMPANY WITHIN -THIRTY (30) DAYS AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING THAT.THE SOUTHERN PACIFIC COMPANY SHALL PAY TO THE CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM OF FIFTY AND 00/100 DOLLARS ($50000) AS REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRAN- CHISE HEREBY GRANTED AND PROVIDING FURTHER THAT SAID FRANCHISE SHALL -BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER OF THE -CITY OF BEAUMONT ANDSHALLEXI T FOR A PERIOD OF TEN (10) YEARS FROM AND -AFTER �962 BE IT CITY OF BEAUMONT: Section 1. THE Southern Pacific Company and its successors and assigns, are hereby granted the right and franchise to construct, maintain and operate at their own expense a standard gauge railroad track in, upon and across the left frontage road of Loop 251 in the City of Beaumont, beginning at a point in said left frontage road on the west line of Southern Pacific Company's Chaison Branch property, said point being twenty five feet (251) westerly at right angles from the centerline of Southern Pacific Companyts Chaison Branch main track, and extending in a northerly direction approximately thirty feet (301) to the north line of said left frontage road, as more accurately shown on map hereto attached marked "Exhibit A"; and made a part of this Ordinance, the line of said railroad track being indicated by a red line drawn on said map. Section 2. The track to be constructed 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 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. Section 3. The foregoing rights and privileges ar CD expressed condition that the said grantee shall, (30) days after the passage and approval'of this with the City Clerk of the-ftty of: Beaumont thei of this Ordinance. � , � r e granted upon the within thirty Ordinance, file written acceptance 4K.- 11 Pa. Section 4. - 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 for a period of ten (10) years from and after, ,:} ,1962. Section 5. As reasonable compensation for the rights and privileges granted by this Ordinance, grantee agrees and obligates itself and its successors and assigns, to pay to the 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 00/100 ($50.00) Dollars. PASSED by the affirmative vote of all members of the City Count 3'.:;-,, this .the c76-z�day of Fcl�,�,/.42 � , 1962. ,�,,!, ,, A &C, " V_ -2 - 'X-:ez *O1917011 76.�d' X,,/.7 gvlx717d�pey (SR/Y/7 , Mb'/S/r1O7 4 t i i 913 FRANKLIN AVE., HOUSTON 2 G. W. KELLY GENERAL MANAGER L. R. SMITH J. E. WEATHERLY ASSISTANT GENERAL MANAGERS To the Honorable Mayor and City Council City of Beaumont c/o City Clerk City Hall Beaumont, Texas Gentlemen: * / - S•2 - Please refer to that certain Ordinance which passed at -the third and final reading by the City Council February 20, 1962, granting Southern Pacific Company the right to operate an industrial spur track across the left frontage road of Loop 251. This is to advise that Southern Pacific Company hereby accepts the terms and provisions thereof. This written acceptance is being filed with you as requested in Section 3 of the said ordinance. Yours very truly, PACIFIC COMPANY General Manager (Texas &/quisiana Lines) 5-12 INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: January 125 1962 To: Mr. J. W. Jeffrey, City Manager From: George E. Murphy, City Attorney Subject: COMMENT: Attached is Franchise Ordinance granting to the Southern Pacific Company the -right to maintain and operate an industrial track to serve Transit Mix Company across the left frontage road of Loop 251. The Railroad Company has agreed with the High- way Department to do certain work on this track, relying on the letter you wrote this week assuring them that this franchise would be granted. The franchise has,to be read at three separate meetings, the third reading to be not less than 30 days after the first reading. Therefore, I suggest that this - be presented to the City Council for first reading Tuesday. I will be glad to discuss this with the Council at our meeting Monday. GEM:h attach. G ge E. Murphy Ci Attorney AN ORDINANCE'. ENTITLED. AN ORDINANCE 'GRANTING TO THE SOUTIi"ERN PACIFIC COMPANY, A CORPORATION, ITS SUCCESSORS AID ASSIGNS, A FRANCHISE RIGHT TO CONSTRUCT, MAINTAIN AND OPERATE AN INDUSTRIAL RAILROAD SPUR TRACK, INis UPON AND ACROSS THE LEFT FRON TA.GE ROAD OR LOOP 251 IN THE CITY OF BEAUMONT, BEGINNING AT A POINT IN SAID LEFT FRONTAGE ROAD ON ` U WEST LINE OF SOUTHERN PACIFIC COPI?ANY'S CHA.ISON BRANCH PROI`ERTY, SAID POINT BEING TF',TENTY FIVE FEET (251) U.TESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF SOUTHERN PACIFIC COMPANY'S CHAISON BRANCH MAIN TRACKS AND EXTENDING IN A NORTHERLY DIRECTION APPROXIMATELY THIRTY FEET (301) TO TIE NORTH LINE OF SAID LEFT FRONTAGE ROAD, AS SHOWN ON MAP ATTACHED TO THIS ORDINANCE; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USE) ONLY AS AN INDUSTRIAL TRACK, AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVILEGE'S HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY TIC SOUTHERN PACIFIC COMPANY !,,TITHIN THIRTY (30) DAYS . AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING THAT THE SOUTHERN PACIFIC COMPANY SHALL PAS TO THE CITY OF BEAUMONT ANNUALLY ON THE, FIRST DAY OF JULY OF EACH YEAR THE SUM OF FIFTY AND 00/100 DOLLARS (w 50.00) AS REASONABLE COMPENSATION FOR THE, PRIVILEGE AND FRAN- CHISE HEREBY GRANTED AND PROVIDING FURTHER. THAT SAID FRANCHISE .SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMON5T AND SHA L E.XLST FOR A PERIOD OFTEN (10) YEARS FROM AND AFTER` ti'��� , 1962 . BE IT ORDAINED BY THE, CITY C OII-IZCII :': ",', `, OF THE CITY OF BEAUMONT s Section 1.. Southern Pacific Company and its successors and assigns, are hereby granted the right and franchise to construct, maintain and operate at their oTrm expense a standard gauge railroad track in, upon and across the left frontage road of Loop 251 in the City of Beavtnont, beginning at a point in said left frontage road on the west line of Southern. Pacific Company's Chaison Branch property, said point being twenty five feet (251) westerly at right angles from the centerline of Southern Pacific Company's Chaison Branch plain track, and extending in a northerly direction approximately thirty feet (301) to the north sine of said left Frontage road, as more accurately shown on map hereto attached marked "Exhibit A°", anci made a part of this Ordinance, the line of said railroad track being indicated by a red Line drawn on said map. Section 2. The track to be constructed 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 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. Section 3. The foregoing rights and privileges are expressed condition that the said grantee shall, (30) days after the passage.and approval of this with the City Clerk of the City of Beaumont their of this Ordinance. granted upon the laithin thirty Ordinance, file written acceptance am G'1 ij `, Seoti'on 4. 'phis Ordinance and the rights and privileges therein granted. are .subjec't to all of the terms and pro vis3ons:.of .•the Charter .Of the 'City ©f -Beaumont,. and baJ.o p?'3vi:leges..and fran- chiso heieby granted s all continue" in force f r. a per16d.of . ten: (10) years from,and after' Section 5. - As. 'reasonable `compensation `for the.: rights,- and privileges granted.; by this .Ordinance,, grantee agrees and.,obli•gates itself and .'it's. successors land..assigns.,. to pay to the C3.ty of Beaumont. on >or be�'ore..the first day of July of each year ,after • the talking effect of.,.this Ordihance., the sum .of; Fifty and OO/lOQ� �$50.00) Dollars. PASSED by the affirmative vote -of -all members of the City, the jo Y/,�, day of i c�3,C�y� i/ , •1962. a X-Z"9:49" 0.7 .21-JeVfte Al"hwIlpor -/V/Y"Jk7- 'X-;FZ %VO-Z917011 -ZdgC -Z99 7Yg& zVV6W1d.FYO PA,'KV117dk:Pe.Y g7--Pc--Y �aa&17.9) -ZA OW17&�?Sr X2&-.tZ `J1VIIVoyg Aew W.911707 lWW"Wo.? -71-1111vee MYRII.M09 I tAj Al IJ vk f -*I uu