Loading...
HomeMy WebLinkAboutORD 37-EEAN ORDINANCE ENTITLED AN ORDINANCE GRANTING TO GULF, COLORADO AND SANTA FE RAIL1,11AY COi-'IPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE RIGHT TO MAINTAIN AND OPERATE AN INDUSTRY TRACK FROM A POINT IN BLANCHETTE .STREET SOUTHEASTERLY OF BLOCK 692 OF THE OLD TOn'1N OF BEAUMONT CONNECTING WITH AND PARALLEL -TO THE MAIN TRACK OF GULF, COLORADO AND SANTA FE . RAILI1TAY COMPANY .NOW CONSTRUCTED IN SAID STREET AND RUNNING DOIN .SAID BLANCHETTE STREET TO A. POINT OPPOSITE LOT NO. 357' IN SAID BLOCK, AS SHOT, N 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 RT2TIOVE RAILS, TIES AND OTHER CONSTRUCTION OR MATERIALS 1�'ITHIN NINETY (90) DAYS AFTER TERI4INATION AVID THE PLACING OF SUCH PROPERTIES AND STREETS IN FIRST CLASS CONDI- TION.;_AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALI, BE. ACCEPTED IN .�%TRIT- ING BY GULF, COLORADO AND SANTA FE RAILWAY.COMPANY WITHIN THIRTY (30) DAYS AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING THAT GULF) COLORADO AND SANTA FE RAIDITAY COMPANY SHALL PAY TO -THE CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM OF FIFTY AND N01100 DOLLARS ($50.00) AS REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRANCHISE HEREBY GRANTED, AND PROVIDING FURTHER THAT TIE FRAN- CHISE SHALL BE SUBJECT TO -THE TERMS AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT-AND SHALT, EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER. J-i NE 14, 1962. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Gulf, Colorado and Santa Fe Railway Company, its success- ors and assigns, is hereby granted the right and franchise to main- tain and operate at its own expense a standard gauge railroad track along, over and upon Blanchette Street, from a point in the main line track of Gulf, Colorado and Santa Fe Railway Company in Blan- chette 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, as more accurately shown by the print hereto attached marked "Ex- hibit All and made a part of this Ordinance, the line of said rail- way 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 spur track; that is, for the purpose of affording loading, unloading and switch- ing facilities to commercial and industrial enterprises now =1 (. '7-M--1962, 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. '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, said privileges and franchise 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 writ- ing 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 Plan- ning 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 properties and streets involv- ed -herein, all.rails, ties.and other construction.or materials. and place such properties and streets in first class condition. Section 5. The foregoing rights 'and privileges are granted upon the express condition that the said Grantee shall, within thir- ty (30) days after the passage and approval of this Ordinance, file with the City Clerk of the City of Beaumont its written ac- ceptance of this Ordinance. Section '6. As reasonable compensation for the rights and privi- leges granted by this Ordinance, Grantee agrees and obligates itself and it's'successors and assigns; to pay to the City of Beaumont on or before the first day of July of each year after- -of the takineffect this Ordinance, the sura of Fifty and N01100 g ' Dollars U550.00). PASSED by the City Council, this the day of 1962. -MAYOR - pRQ'nU'' City Clerk of the City of Beaumont, Texas, do hereby certify that the above and, fore- going 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 NAND AND SEAL OF THE CITY OF BEAUMONT, this the day of .City Clerk, s o t> C) m o c-) l cr rn "` N i cn Z.' t'X Z I ThW •- � ^� ro _,_ -3r017 - - 3G2 - a cn . UI rn 0� �j ;� a � � 41 = .s z o , o r w a oo w m of w I M Ln r; o = 3 { rU a cn c7 0 1 � N m J CO I N. o CDr, I' � to O (71 ; 0De of PAVED CST To Wha..r!" yes >� xraox �=- — =-_-=� sz BLANCHETTE ST. j / T Ord2689Acn CLEANERS/ 3 -+ 4 �ti / e cn , ISO o ST- I C ; EXHIBIT A ATTACHED TO A FRANCHISE FROM CITY OF BEAUMONT TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY FOR INDUSTRY TRACK IN BLANCHETTE STREET AT BEAU MON7)JEFFERSON COUNTY,TEXAS C.E.O.GALVESTON;TEXAS SCALE:I"=100t" MAY 160962 APPROVED IDENTIFIED FOR CHIEF ENGINEER J C-E.G.N®- C -19- 233 6 0