The URL can be used to link to this page

Home My WebLink AboutORD 35-EEov f.0 P160-101 Cad. �SE-C AN ORDINANCE ENTITLED AN ORDINANCE GRANTING GULF, COLORADO AND SANTA FE RAILWAY . CUNIPANY' A FRANCHISE ,RIGHT . TO M IN- TAIN AND OPERATE.AN INDUSTRY TRACK.ALONG AND ACROSS NECHES STREET, AND SO MUCH OF THE.ALLEY RUNNING NORTHEASTERLY AND . SOUTMq'ESTERLY. THROUGH BLOCK NO. 17 OF THE VAN WORMER ADDITION.AS.MAY BE NECESSARY FOR THE OPERATION AND MAINTENANCE OF SAID TRACK, THE CENTER LINE OF,.WHICH.WILL_BE_EIGHTEEN (18). INCHES FROM THE SOUTHEASTERLY LINE OF SAID...ALLEY THROUGH SAID BLOCKN0. 172 SAID TRACK LEAVING.BLOCK NO. 18.OF THE VAN.WORMER ADDITION ONE HUNDRED SEVENTY- ONE AND EIGHT TENTHS.(171.8) FEET SOUTHEASTERLY FROM THE SOUTHEASTERLY.LINE OF CROCKETT STREET AND.ENTER- ING BLOCK N0, 17 OF.THE VAN WORMER ADDITION ONE HUNDRED SIXTY-ONE AND FIVE .TENTHS (161.5).FEET SOUTHEASTERLY FROM THE SOUTHEASTERLY LINE OF CROCKETT STREET AS IS SHOWN BY .THE. PRINT ATTACHED TO THE. ORDINANCE; PROVIDING ALSO THAT SAID.TRACK IS AND SHALL.BE USED ONLY AS AN INDUSTRY TRACK; PROVIDING. FORFEITURE FOR FAILURE TO USE, MAINTAIN.OR OPERATE FOR A PERIOD -OF SIX (6) MONTHS; PROVIDING CANCELLATION CLAUSES AND.. REQUIRING GRANTEE, UPON SUCH CANCELLATION,.TO REMOVE RAILS, TIES AND OTHER CONSTRUCTION. OR_ MATERIALS WITH- IN NINETY (90).DAYS AFTER TERMINATION AND THE PLACING OF.SUCH PROPERTIES AND.STREETS_IN,FIRST CLASS CONDI- TION;_AND PROVIDING FURTHER THAT THE RIGHTS AND PRIV- ILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY GULF, C.OLORADO AND SANTA FE RAILWAY COMPANY loITHIN THIRTY_00) DAYS AFTER,THE PASSAGE_AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING 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 COMPENSATION FOR THE PRIVILEGE -AND FRAN- CHISE 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 FORA -PERIOD OF..TEN (10).YEARS FROM AND AFTER.. JUNE, 14THT, 1962. BE IT ORDAINED BY THE CITY OF BEAMONT: Section 1. Gulf, Colorado and Santa Fe Railway Company, -its suc- cessors and assigns, is hereby granted.the right and franchise to maintain and operate at its own expense a standard gauge railroad track over and across Neches Street, entering the Southeasterly line of Neches Street at a point 171.8 feet South- easterly from the Southeasterly line of Crockett Street, cross- ing Neches Street on a..15 degree reverse „curve, leaving Neches Street at a.point on the. Northeasterly line of Neches Street 161.5 feet Southeasterly from the Southeasterly line of Crockett 35 E C Street and on reaching tangency running parallel to and with its center line 1.5 feet Southeasterly from the Northeaster- ly line of the Southeasterly half of Block No. 17, Van Wormer Addition, to the Southwesterly line of -Park Street, as shown on print attached hereto, marked ttExhibit All and made a part hereof, the line of said railroad -track being indicated by the red line drawn on said print., 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 track; that is, for the purpose of affording loading, unloading and switching facilities to commercial and industrial enterprises now locat- ed 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 locat- ed upon the property of the City of Beaumont or located with- in 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 manner as not to unreasonably interfere with public traffic upon and along or across said streets or any portion thereof, and, except inso- far as is reasonably necessary in the movement and handling of cars on said streets, same shall be kept clear. Section 3. 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 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 and effect for a period of ten (10) years from and after the 14th day of June, 1962, 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 inten- tion 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 Zon- ing Commission of the City of Beaumont, cancel the franchise t CQ,�.r, 3 5 & C 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 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 5. 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. Section 6. As reasonable compensation for the rights and privi- -leges granted by this Ordinance, Grantee agrees and obligates itself and its successors and assigns, to pay to the City of CD Beaumont on or before the first day of July.of each year after the takin effect of this Ordinance, the sum of. Fifty and No/100 Dollars (50.00). PASSED by the City Council, this the day of --- a 1962. ! A 1 4 ® MAYOR - :. 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 1962. GIVEN UNDER MY HAND AND SEAL OF THE CITY OF BEAUMONT, this the day of 1962. 0 0 City lerk. IN CROCKETT ST. CROCK-ETT ST. DEP-OT.- G c) A"C o' r r. e,t—. a (.110 1.: s e3 z M i -T 0 �D 17 0. El S, F M a i n 7 BOWIE ST. - - ----------------- VAN WORlMkR DDIT ION -yFul EXHIBIT A ATTACHED TO A FRANCHISE FROM CITY OF BEAUMONT 70 GULF, COLORADO AND SANTA FE RAILWAY COMPANY FOR INDUSTRY TRACK ACROSS NECHES STREET AND r'j JN ALLEY IN BLOCK 17, VAN WORMER ADDITION AT BEAUMONT, jEFFERSON COUNTY, TEXAS ClE.O.GALVESTON, TEX.AS SGALE� I"= 100' MAY 16,1962 APPROVED IDEWri FiED —OW-64 I ET —EN —G1 N—E- E R .E.G-Na C - 19 - 2336