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Home My WebLink AboutORD 79-32 ORDINANCE N0. 79-32 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE AN INDUSTRY SPUR TRACK NO. 10 CROSSING FANNIN STREET BETWEEN CITY BLOCKS 56 AND 67, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOAD- ING AND SWITCHING TO INDUSTRIAL TRACK SERVING COMMERCIAL ENTERPRISE PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPER- ATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVID- ING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED Q HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON /r Y31 19-00 , AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; and PROVIDING FOR INDEMNIFICA- TION OF THE CITY OF BEAUMONT. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That The Atchison, Topeka and Santa Fe Railway Company, its successors and assigns, is hereby granted the right, franchise and privi- lege to maintain and operate, at its own expense, its standard gauge industry track in, along, upon, over and across the aforementioned street, the center line of the said track No. 10, being described as follows: Said center line enters Fannin Street at a point in the north line of said street located 37.5 feet westerly from the southeast corner of City Block No. 56 and extends south- easterly across said Fannin Street 60.0 feet to a point in the south line of said street and in the northerly line of City Block No. 67 . The location of said Track No. 10 is as shown by red line on print AGM-E Amarillo - No. E-3-25442 dated July 9, 1973, hereto attached, marked "Exhibit A", and made a part of this ordinance. Section 2 The track to be maintained and operated under this ordinance shall be used only for the purpose of loading, unloading and/or switching to industrial tracks turning out of said track serving commercial and industrial enterprises now or hereafter located in the vicinity of said track. The grantee shall have the right to operate engines, trains and cars over said track so as to further the interest for which this grant is given, provided that no engines, trains or cars of any kind shall be allowed to stand on any portion of said track located within a public street of the City of Beaumont, and provided further that all engines, trains and cars operated over said public street shall be operated there- over in such a manner as not to unreasonably interfere with public traffic in, upon, along, over and across said street or any portion thereof, and except insofar as is reasonably necessary in the movement and handling of cars on said street, same shall be kept clear. Section 3. The Atchison, Topeka and Santa Fe Railway Company shall, at its own expense, maintain and operate said railroad track in accordance with the Charter and Ordinances of the City of Beaumont, now enacted or here- after to be enacted. Furthermore, said Railway Company shall maintain such drainage facilities and do such other work at the direction of the City Engineer, in connection with the franchise herein granted, as shall in the opinion of the City Engineer be desirable. All street work pro- vided for herein shall be done under the direction of the City Engineer, and Grantee shall maintain said railroad track at the same grade or level as the established grade or level of the respective street, so as not in any way to obstruct the use of said street by the public. Section 4. The Atchison, Topeka and Santa Fe Railway Company shall, at no cost to the City, and at such time as deemed necessary by the Director of Traffic and Transportation of the City of Beaumont, install standard automatic crossing protection devices at the above described street crossing. Section 5. The foregoing rights and privileges are granted upon the express condition that the Grantee shall, within thirty (30) days after the passage and approval of this ordinance, file with the Clerk of the City of Beaumont its written acceptance hereof, and upon further condi- tion that the Grantee shall pay to the City of Beaumont upon acceptance -2- hereof, the sum of FIFTY AND N01100 DOLLARS ($50.00) per annum so long as this ordinance shall remain in full force and effect, the payment to be made upon acceptance as aforesaid to constitute payment for the first year or part thereof remaining when this ordinance shall become effective. If such sums be not paid when due and if default in payment thereof continues for thirty (30) days thereafter, the rights and privileges herein granted shall cease and terminate. Section 6. This franchise is granted subject to all of the provisions of the Charter and Ordinances of the City of Beaumont now in effect or hereafter to be adopted or enacted. Section 7 . If The Atchinson, Topeka and Santa Fe Railway Company shall fail to use, maintain and/or operate said track for any period of six (6) months, this ordinance shall become null and void and fully termi- nated. Section 8. This ordinance shall go into force and effect for a period of five (5) years from and after the lst day of September, 1978, and this franchise shall terminate onel¢ , 980 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 intention to cancel same, and provided further that the City of Beaumont may, in further- ance 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 termination of this franchise for any reason, Grantee shall within ninety (90) days thereafter remove from the street herein involved all rails, ties and other construction material, and place such street in substantially the general condition of the respective streets in the nearby vicinity. -3- Section 9. Grantee shall indemnify, save and hold harmless the City of Beaumont from any and all liabilities, claims, judgments, damages, costs and expenses whatsoever growing out of or resulting in any way from the use, maintenance or operation of said railroad track, or the failure of the said Grantee to do and perform any of the same, or in any manner growing out of or resulting from the granting of this franchise, and should any judgment be rendered against said City for any cause growing out of or resulting in any manner from the use, maintenance or operation of said railroad track, or the failure of the said Grantee to do and perform any of the same or in any manner growing out of or resulting from the granting of this franchise, then Grantee agrees to pay and satisfy said judgment before and without said City's doing so. Section 10. The term "Grantee" as is used in this ordinance shall be con- strued to include said The Atchison, Topeka and Santa Fe Railway Company, its successors, assigns, lessees and other Railway Companies, now or hereafter having trackage rights over the track covered hereby or any part thereof. PASSED by the City Council, this day of , 197. - ayo - -4- 1 A LL .. r r r� .� N0. N0.2 �• _. T'rk. No.4,, k _`1 I 981._2 -Trk. NoJ3t, 309it NO. 7.5 RAILR O A o RK P 9. -44 4,-- NO k.M.10 LL .� 6;� EXHIBIT "A" TO ORDINANCE OF ' CITY OF BEAUMONT,TEXAS Granting to THE ATCHISON,TOPEKA AND SANTA FE RAILWAY COME Franchise rights for trcck in • +• Fannin Street in ti-le City of Beaumont, eX0S / A.G.M.-E- Amarillo,Texas Scale I11=100 July 9, 1973