HomeMy WebLinkAboutORD 71 FFAN ORDINANCE 63
ENTITLED AN ORDINANCE GRANTING GULF, COLORADO AND
SANTA FE RAILWAY CO1APANY, ITS SUCCESSORS AND ASSIGNS,
A FRANCHISE RIGHT TO MAINTAIN AND OPERATE AN INDUS-
TRIAL SPUR TRACK IN, UPON, OVER AND ACROSS FRANKLIN
STREET IN THE CITY OF BEAUMONT, AS SHOWN BY EXHIBIT
ATTACHED TO THE ORDINANCE; PROVIDING ALSO THAT SAID
TRACK IS AND SHALL BE USED ONLY AS AN INDUSTRIAL
SPUR TRACK; PROVIDING.FORFEITURE FOR FAILURE TO
USE, MAINTAIN OR OPERATE FOR A PERIOD OF SIX (6)
MONTHS; PROVIDING CANCELLATION CLAUSES AND RE-
QUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE
RAILS, TIES AND OTHER CONSTRUCTION OR MATERIALS
WITHIN NINETY (90) DAYS AFTER TEPJk'INATION AND THE
PLACING OF SUCH PROPERTIES AND STREETS IN FIRST
CLASS CONDITION; AND PROVIDING FURTHER THAT THE
RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE
ACCEPTED IN WRITING 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 RAILWAY
COMPANY SHALL PAY TO THE CITY OF BEAUMONT ANNUALLY
ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM OF
FIFTY AND N0/100 DOLLARS ($50.00) AS REASONABLE
COMPENSATION FOR THE PRIVILEGE AND FRANCHISE HERE-
BY GRANTED, AND PROVIDING FURTHER THAT THE FRAN-
CHISE SHALL BE SUBJECT TO THE TERNS AND CONDITIONS
OF THE CITY CHARTER OF THE CITY OF BEAUMONT AND
SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM
AND AFTER FEBRUARY 24, 1963.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Se ction to
That the Gulf, Colorado and Santa Fe Railway Company,
its successors and assigns, is hereby granted the right, fran-
chise and privilege to maintain and operate at its own expense,
a standard guage industrial railroad spur track upon and across
Franklin Street, as shown by red line on map hereto attached and
made a part hereof, and designated as "Exhibit All, the center-
line of said track being described as follows:
Said centerline enters said Franklin Street at
a point near where the Southern boundary line
of the right of way of Gulf, Colorado and Santa
Fe Railway Company intersects the Northwesterly
line of said Franklin Street; thence in a
Southeasterly direction 85 feet, more or less,
across Franklin Street to a point in the South-
easterly line of said street, where: it enters
the property of the United Gas Public Service
Company.
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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
switching facilities to commercial and industrial enterprises
now 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 there-
of, 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 L*
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 24th day of Febru-
ary, 1963, unless sooner terminated as provided herein, pro-
vided 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 furtherance of the plans and recommenda-
tions 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 afore-
said. 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 construction or materials and place such proper-
ties and streets in first class condition.
Sectio.
The foregoing rights and privileges are granted
upon the of.pressed condition that the said Grantee shall,
within thirty (30) days after the passage and approval of
this Ordinance, file with the City Clerk of the City of
Beaumont its written acceptance of this Ordinance.
Section 6.
As reasonable compensation for the right@ and
privileges grantedby this Ordinance, Grantee agrees and
obligates itself and its successors and assigns, to pay to
the City of Beaumont on or before tha first day of July of
each year after the taking effect of this Ordinance, the
sum of Fifty and No/100 Dollars 050.00)-.
PASSED by the City Council, this the day of
1963•
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l�_f962
THE STATE OF TEXAS
COUNTY OF JEFFERSON
I 9 �F1S. T a Ra Rd City C1 Prk of t.ho r; +t:
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 on the day of
�FebYu, A. D., 1963, the original of which is filed
in the office of the City Clerk of the City of Beaumont, Texas.
GIVEN under
my hand and
seal ofII the City of
Beau-
mont, Texas, this the
day
of e_ b r u a R ,
1963.
City Clerk.
T-7f-
GALVESTON I TEXAS' March 11 1963
To the Honorable Mayor and
City Council of the
CITY OF BEAUMONT, TEXAS.
The GULF, COWRADD AND SANTA FT RAILWAY COMPANY hereby signi-
fies and files in writing their acceptance of an ordinance passed by your
honorable body on the 19th day of February, 1963:
UENTITLED AN ORDINANCE WANTING GULF9 COLORADO AND, SANTA FE
RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE
RIGHT TO MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK-INj
UPON I MR AND ACROSS FRANKLIN STREET IN THE GITY. OF
BEAUMONT9 AS SHOWN BY EXHIBIT ATTACHED TO THE ORDINANCE;
PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY
AS AN INDUSTRIAL SPUR TRACK; PROVIDING FORFEITURE FOR FAIL
UAE' TO USE I MAINTAIN OR OPERATE FOR A PERIOD OF SIX '(6)
MONTHS; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE
UPON SUCH CANCELLATION, TO REMOVE-I'RAILS9 TIES AND OTHER
CONSTRUCTION OR MATERIALS WITHIN NIN&TY (90) DAYS AFTER TER-
MINATION AND THE PLACING OF SUCH PROPERTIES AND STREETS IN
FIRST CLASS CMITION; AND PROVIDING FURTHER .'THAT THE RIGHTS
AND PRIVILEGES HEREIN GRANTED SHALL BE" ACCEPTED IN WRITING
BY GULF COWRADO-AND SANTA FE RAILWAY COMPANY WITHIN
THIRTY 130) DAYS AFTER THE PASSAGE AND APPROVAL OF THIS
ORDINANCE; ALSO PROVIDING THAT GULF, COLORADO 'AND SANTA FS
RAILWAY COMPANY SHALL PAY TO THE CITY OF EEAUMCNT ANNUALLY
ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM af FIFTY AND
N01100 DOLLM (050.00) AS REASONABLE' COMPENSATION FOR. THE
PRIVILEGE AND FRANCHISE HEREBY GRANTEDt AND PROVIDING
FURTHER THAT TIE, FRANCHISE SHALL BE SUBJECT TO TAE'.TERMS
AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT
AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER
FEBRUARY 2/+j 1963.11
GULF' CCLORADD. AND,; SANTA FE RAILWAY Ca4PANY
and" Tax *Commissioner