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HomeMy WebLinkAboutORD 19-061ORDINANCE NO. 19-061 AN ORDINANCE GRANTING A FRANCHISE TO JEFFERSON COUNTY TO USE AND OCCUPY A PORTION OF MAIN STREET, A PUBLIC STREET, IN BEAUMONT, JEFFERSON COUNTY, TEXAS BETWEEN THE KANSAS CITY SOUTHERN RAILROAD RIGHT-OF-WAY LINE AND THE NORTH RIGHT-OF-WAY LINE OF FRANKLIN STREET. WHEREAS, Jefferson County, Texas (County) has requested that the City of Beaumont, Texas, (City) both of whom are bodies politic, grant the County an exclusive `franchise for the use of the portion of Main Street behind the Jefferson County Courthouse; and, and, WHEREAS, the City previously closed this portion of roadway to through traffic; WHEREAS, the County desires to utilize that barricaded portion of Main Street between the northern right-of-way line of Franklin Street and the Kansas City Southern railway right-of-way on the northern side of the Jefferson County Courthouse, as described in Exhibit "A" and shown in Exhibit "B," attached hereto, as part of the Courthouse security perimeter; and, WHEREAS, the County will not interfere with or obstruct any utility, water or other service easements below or above the street and will accommodate any necessary services for same; and, WHEREAS, the County recognizes that the Port of Beaumont does, from time to time, require access to enter areas of the port facility by way of this closed street and the County will allow such access as requested; and, WHEREAS, the County does further agree that it will maintain the surface of this street in good condition to City standard for use by passenger vehicles entering the jail and for secured parking for judges, elected officials and court staff; and, WHEREAS, the City further agrees that, should the need arise to excavate or occupy any portion of this area in order to service sub -surface utilities, or other municipal purposes, it will provide the County with at least 30 days notice of that need and the City will restore the surface to its prior condition upon completion of the work; and, WHEREAS, should an emergency or urgent repair become necessary making 30 days notice impractical, City will provide as much notice as possible under the circumstances; and, WHEREAS, Sec. 311.071, Transportation Code, does grant exclusive authority to the City as a Home -Rule Municipality to grant the franchise requested herein; and, WHEREAS, the City does find it in the best interest of the parties to grant the requested franchise; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City does grant to Jefferson County an exclusive franchise for the use of the closed portion of Main Street behind the Jefferson County Courthouse for a period of 1 year, from September 1, 2019 to August 31, 2020 which will automatically renew each year for a 1 year period on September 1 st of each year unless either party gives the other party 30 days written notice of its intent to cancel this franchise. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of September, 2019. ayor Becky Ames - Legal Description: Being a 0.81 acre portion of Main Street with the point of beginning at the east right-of-way line of the intersection of Main Street and the Kansas City Southern Railroad right-of-ways and continuing in a southwesterly direction approximately 53' to a point in the west right-of-way line of the intersection of Main Street and the Kansas City Southern Railroad right-of-ways and continuing in a southeasterly direction approximately 645' to a point at the intersection of the west right-of-way line of Main Street and the north right-of-way line of Franklin Street and continuing in a northeasterly direction approximately 57' to a point at the intersection of the east right-of-way line of Main Street and the north right-of-way line of Franklin Street then continuing in a northwesterly direction approximately 645' back to the point of beginning. EXHIBIT "A"