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HomeMy WebLinkAboutORD 72 FFAN ORDINANCE ENTITLED AN ORDINANCE GRANTING GULF, COLORADO AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS A FRANCHISE RIGHT TO MAINTAIN AND OPERATE AN INDUS- TRIAL SPUR TRACK IN, UPON, OVER AND ACROSS BLANCHETTE STREET (FOWITIiERLY AUSTIN STREET) AND NECHES 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; PROVID- ING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO REKOVE RAILS, TIES AND OTHER CONSTRUCTION OR MATERIALS WITHIiv NINETY (90) DAYS AFTER TERMINATION AND THE PLACING OF SUCH PROPERTIES AND STREETS IN FIRST CLASS CONDITION; AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVI- LEGES HEREIN GRANTED SHALT, BE ACCEPTED IN WRITING BY GULF, COLORADO AND SANTA FE RAILWAY COMiPANY 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 COMPENSA- TION FOR THE PRIVILEGE AND FRANCHISE HEREBY GRANTED, AND PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE,CITY CHARTER OF THE CITY OF BEAUMONT AND SHALL EriIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER FEBRUARY 24, 1963. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. 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 Blanchette Street (formerly Austin Street) and Neches Street in the City of Beaumont, as shown by red line on map hereto attach- ed and made a part hereof, and designated as ttExhibit Aft, the centerline of said track being described as follows: Said centerline turns out of the track of Gulf, Colorado and Santa Fe Railway Company leading to City Wharves(Track No. 85) near its intersection with the North line of Blanchette Street (formerly Austin Street) and runs in an Easterly direction a distance of 220 feet, more or less, to the Easterly line of Neches Street near said street line's intersection with the Southeasterly line of said Blanchette Street. Section 2. The track now on said. right of wa maintained and operated under the terms and conditions Ordinance shall be used only as an industrial Y which is to be that is, for the purpose of affording track; Of this switching facilities to commercial and indust .spur track; now located or hereafter to be loading, unloading and track. The Grantee shall have located dhYn industrial enterprises and,cars.o.ver said track so as to f the vicinity in said which this. g t to operate engines grant is given further the interest for of an 5 provided that no engines or . Y kind shall be allowed track located upon the to'stand on an cars located c within a Property of the City any of said provided further-, public street of the Cit Y f Of or , said that, all engines Y of Beaumont, and, Public streets shall be operated thereover _ ngines and cars operated over ner as not to unreasonably r in and along or across said Y interfere with public trafuch f traffic except insofar a streets or upon except handlings is reasonablyany Portion thereof of cars on said streesn�Cessar and, Y in the movement and same shall be kept clear.: Section 3. e Gulf, Colorado and -Santa Fe fail to use l�ailwa maintain and operate said track for'Com an six (6) months, this Ordinance shall b -e Company shall fully terminated, come null and void�and Lection �1 This Ordinance and the granted are subject to all of rights and privileges therein Charter of the City of all O Beaumont) terms and provisions of the fran- chise hereby granted shall continue andsaidPeriod hereby ten Privileges and for (10) Years from and after the and effect for a that't less sooner terminated as the 22nd day of July, City of Beaumont may Provided herein, provided time that the City of Beaumontdesiresusethat at any its properties involved in this franchise upon that portion of notice in writing given to Grantee b to cancel same by'Grantor of iits6intntion 1. and provided further that the Cit may) in furtherance of the plans and.recommen Y of Beaumont City Planning Commission, or the City Plannin dations Of the :mission of the City of Beaumont granted upon like notice to Grantee c of g and Zoning Com - termination of this franchise f' cancel the franchise herein within ninety aforesaid. -Upon the (90) days thereafteraremovesfromon rtheee shall properties r and streets involved herein, all rails, ties and other con- struction or materials and place such properties and streets in first class condition. Section 5. The foregoing rights and upon ed the The condition that the Pri Privileges are within thirty (30) days after said Grantee shall, this Ordinance Passage and approval file with the Cit Beaumont its written acceptance g PProval of Y Clerk of the City of ptance of this Ordinance. Section 6. ile e As reasonable com g s granted by this Ordinance for the rights and priv- gates itself and its ) Grantee agrees and obli- City of BeaMont on orbeforethssors enf- rst�gns, to to the year after the taking effect of day of July of each Fifty and No/100 Dollars this Ordinance, the sum of 050.00). PASSED by the City Council, this the 1963. _ day of ® PSI A Y 0 R - THE STATE OF TEIAS COUNTY OF JEFFERSON. I, `Tas . T aa- IQ R d F2c1 , City Clerk of the City City of Beaumont, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of Beaumont on the day of Fe b r LA. A. D., 1963, the orig- inal of which is filed in the office of the City Clerk of the City of Beaumont, Texas. GIVEN under my hand and seal of the City of Beau- mont, Texas, this the day of Fe 6 k a 2 y A. D.2,1963. City Clerk.