HomeMy WebLinkAboutORD 49 I IORDINANCE NO.
AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA
AND SANTA FE RAILWAY COMPANY, A KANSAS CORPORATION,
ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT
AND PRIVILEGE TO MAINTAIN AND OPERATE ITS
INDUSTRY LEAD TRACK NO. 85 IN, ALONG, UPON, OVER
AND ACROSS BLANCHETTE, PARK, ORLEANS,'PEARL,
MAIN AND MARKET STREETS AND OVER AND ACROSS A
PUBLIC ROAD OR STREET WHICH IS AN EXTENSION OF
FRANKLIN STREET AND A PUBLIC.ROAD WHICH IS AN
EXTENSION OF MILAM STREET, 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, UNLOADING AND SWITCHING TO INDUSTRIAL
TRACKS -SERVING -COMMERCIAL AND INDUSTRIAL -ENTER-
PRISES; PROVIDING REGULATIONS AND RESTRICTIONS
FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH
MAINTENANCE AND OPERATION 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 PROVIDING FOR TERMINATION FOR
FAILURE TO USE THE TRACK FRANCHISED HEREUNDER;
PROVIDING FOR TERMINATION OF THIS FRANCHISE ON
JUNE 24, 1969, AND THE.RESTORATION OF SAID
STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND(
PROVIDING FOR INDEMNIFICATION 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
is hereby granted the right, franchise and privilege to maintain
and operate at its own expense, its industry lead Track No. 85
in, along, upon, over and across the aforementioned streets and/
or public roads, the center line of. the said Track No. 85 being
described as follows:
Beginning a.t a point in Blanchette Street,
distant 100 feet, more or less, west of the west
line of Park Street, said beginning point being
at approximately Track Chaining Station 28+50;
thence in a general easterly, northerly and
northwesterly direction, in, upon and along
Blanchette Street; over and across Park, Orleans,
Pearl, Main and Market Streets; over and across
a public road or street which is an extension
of Franklin Street and a public road which is
an extension of Milam Street, to a point where
said track center line leaves said road or
street at said Company's Track Chaining Station
44+53.4, and enters the property of the Port
of Beaumont.
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The location of said Track No. 85 is as
shown by red line on print CEO Amarillo No.
C -22-22416-A, dated May 28, 1968, hereto
attached, marked "Exhibit A", and made a
part of this ordinance.
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
No. 85 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 streets shall be operated thereover in such a manner as
not to unreasonably interfere with public traffic in, upon, along,
over and 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.
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 hereafter 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 provided for herein
shall be done under the direction of the City Engineer, and
grantee shall maintain said railroad track at the grade or level
as the established grade or level of the respective street, so as.
not in any wise to obstruct the use of said streets by the public.
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Cori -i nn A
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 condition that the grantee shall pay to the
City of.,Beaumont upon acceptance hereof, the sum of Fifty and
No/100 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.
curl-; nn C;
This franchise is granted subject to all the provisions
of the Charter and Ordinances of -the City of Beaumont now in
effect or hereafter to be adopted or enacted.
Conf-i nn A
If The Atchison, Topeka 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.
O
Section 7
This ordinance shall go into force and effect for a
period of one (1) year from and after the 25th day of June, 1968,
and this franchise shall terminate on June 24, 1969. Upon the
termination of this franchise for any reason, grantee shall within
ninety (90) days thereafter remove from the streets.herein involved,
all rails, ties and other construction material and place such
streets in substantially the general condition of the respective
street in the nearby vicinity.
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Section 8.
Grantee shall indemnify, save and hold the City of
Beaumont harmless 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
doing so.
Section 9
The term "grantee" as used in this ordinance shall be
construed 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 the / day of
v A.D. , 1968.
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