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Home My WebLink AboutORD 56 HHU7 ORDINANCE N0. -B! ENTITLED AN ORDINANCE GRANTING`THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE GULF AND INTER- STATE RAILWAY COMPANY OF TEXAS,.THEIR SUCCESSORS AND ASSIGNS,.A FRANCHISE RIGHT TO CONTINUE TO USE, MAINTAIN AND OPERATE AN INDUSTRIAL. SPUR TRACK IN, UPON, OVER AND ACROSS A CERTAIN PORTION OF BOWIE STREET IN THE VAN WORMER ADDITION TO THE CITY OF BEAUMONT, TEXAS,_IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING ALSO THAT SAID TRACK IS AND SHALL. BE USED.ONL.Y AS AN INDUS -- .TRIAL SPUR TRACK; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN AND OPERATE FOR A PERIOD,OF SIX (6) MONTHS; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEES, UPON SUCH GANCELL,ATION, TO REMOVE RAILS., TIES AND/OR OTHER RAILROAD FACILITIES OR MATERIALS APPURTENANT fi O SAID TRACK WITHIN NINETY (90) DAYS &FTER.TERMINATIQN, AND TO RESTORE SAID STREET TO SUBSTANTIALLY THE SAME CONDITION IN WHICH IT WAS AT TIME SAID INDUSTRIAL SPUR TRACK WAS CONSTRUCTED OR TO A CONDITION HARMONIOUS WITH THE CONDITION, AT TIME OF REMOVAL, OF OTHER PORTIONS('0F SAID STREET IN THE NEARBY VICINITY; PROVIDING FEE TO BE PAID CITY AS REASONABLE COMPENSATION FOR THE FRANCHISE AND PRIVILEGE HEREBY GRANTED; PROVIDING THAT THE RIGHTS, PRIVIL,EGE,,' AND FRANCHISE HEREBY GRANTED SHALT.. BE ACCEPTED BY GRANTEES WITHIN THIRTY (30) DAYS AFTER PASSING 'AND APPROVAL OF THIS ORDINANCE; AND PROVIDING FURTHER THAT THIS FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, AND SHALL. EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER THE 14TH DAY OF MARCH, 1967. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That The Atchison, Topeka and Santa Fe Railway Company and The Gulf and Interstate Railway Company of Texas, their successors and assigns, are hereby granted the right, franchise and privilege to continue to use, maintain and operate, at their own expense, a'standard gauge industry spur track, including switch and all other appurtenances in, upon, over and across Bowie Street in the Van Wormer Addition to The City of Beaumont, .Texas; as shown in red'on map -C-23-24524, dated.. December 28, 1966, hereto attached, d6signated Exhibit 4rAlt and made a part hereof, the centerline of said industry spur track being described as follows: Beginning at a point in the northwesterly line of Bowie Street, said point being sixty --two and two. -tenths (62.2) feet southwesterly from the northeasterly corner of Block Number Fifty-five (55), Van Wormer Addition to The City of Beaumont, thence along the centerline of proposed Texas Industry Track Number Five (5), Gulf and Inter --State Railway Company of Texas, in a southeasterly direction along a curve of twenty. -three degrees.twenty.-five minutes (23°251) to the right,: for a distance of thirteen (13) feet to the - end of said curve; thence continuing southeasterly on tangent along -said centerline, crossing the centerline of Bowie Street oil an angle of seventy= -.seven degrees forty -.two minutes (770 421), a distance of forty --three and seven tenths (43.17) _feet to the beginning of an eleven degree fifty-eight't(110581) curve to the right in said centerline; thence continuing on an eleven degree fifty-eight minute (110581) curve to the right a distance of six feet to a point where said centerline crosses the southeasterly line of Bowie Street forty. -nine and three.tenths.(49.3) feet southwesterly from the northwesterly corner of Block Number Fifty-six (56) of said Van Wormer Additkon. Section 2. The track now on said right of way and 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 Grantees 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 within a public street of The City of Beaumont, Texas, and provided further that all engines and cars operated over said industrial track located within or across a public street of The City of Beaumont, Texas, shall be operated thereover in such a manner as not to unreasonably interfere with public traffic upon and along or across said street or any portion thereof, andeexcept in so far as is reasonably necessary to the movement and handling of cars on said street, same shall.be kept.clear. Section 3. Grantees, their successors or assigns, shall,;at their own expense, use, maintain and. operate said railroad track in accordance with the charter and ordinances of The City of Beaumont, Texas, now enacted - 2 -. �.a, • ..-'�f� or hereafter to be enacted, and in accordance with the exhibit attached hereto and made a part hereof. Furthermore, the said Grantees shall in- stall 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 Grantees shall maintain said railroad track at the grade or level as the established grade or level -of said street so as not in any wise to obstruct the use of said street by the public. Section 4 That the foregoing rights and privileges are granted upon the express condition the Grantees shall within thirty (30) days after the passage and approval of this ordinance, file with the Clerk of The City of Beaumont, Texas, their written acceptance hereof, and upon further condition that the Grantees shall pay to The -City of Beaumont, Texas, upon acceptance hereof, the sum of'Fifty ($50.00) Dollars, and in addition thereto shall pay to The City of Beaumont,Texas, annually and in advance of the first day of July the sum of Fifty ($50.00) Dollars per annum so long as this ordinance shall remain in full force and effect, the payment.to be made upon acceptance as aftersa.id 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 5. This franchise -i.s .granted subject to all of the provisions. of the charter and ordinances of.The City of Beaumont, Texas, now in effect or hereafter to be adopted or -enacted. Section 6. That if Grantees,.their successors or assigns 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. - 3 Sectiori 7; That this ordinance shall go into force and effect the 14th day of March, 1967, and shall continue f-or..-a.period of ten (10) years thereafter, unless -.sooner terminated.as:provided herein., provided that The -City -of "Beaumont, Texas, .'may; in furtherance of ,plans regarding. 'railroads within the City'or in furtherance of the plans or -recommendations of the City -Planning ;Commission or the -City Planning -and Zoning -Commission of said The:City of Beaumont, Texas, cancel this franchise -upon six (6:) months -,notice 'i:n writing given to Grantees. by Grantor of its intention 'to cancel -same. Upon the termination.,of this franchise for any reason, -Grantees shall within ninety (90) days. thereafter remove from the street herein involved, all rails; ties.znd other construction .material, -and restore said street to. substantially -the condiaion. in which It' was at .the .time the said: track'.was constructed; or -if said street has been substantially changed since the-time.said.tr.ack was constructed, then _said street -'shall be restored in.keepi.ng with the general condition of the street in the nearby vicinity. l Section 8. That' Grantees shall indemnify, save znd.hold The City of Beaumont,,.,_Texas, 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 Grantees 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- .sai.d" railroad .track, or the failure of -the said Grantees to doAnd''perform�any of the -`same or. in any manner growing. out of or resulting from the gr.ant:i ' of this franchise, then -Grantees agree to pay and satisfy said judgment before and'.without.said City doing SO. 'PASSED by the City;_ Council. thi''sslip. day of f ! , 19.6 7. My a or �'-^�' No Text