Loading...
HomeMy WebLinkAboutORD 8 HHF� Y ZZ AN ORDINANCE 66-23 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 CERTAIN PORTIONS OF VICTORIA AVENUE, ORANGE AVENUE AND AVENUE "A", AND TO CON- TINUE TO USE, MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK IN, UPON, OVER AND ALONG THE ALLEY IN BLOCKS 44 AND 45 OF 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 ONLY AS AN INDUSTRIAL SPUR TRACK; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN AND OPERATE FOR A PERIOD OF SIX (6) MONTHS; PRO- VIDING CANCELLATION CLAUSES AND REQUIRING GRANTEES UPON SUCH CANCELLATION TO REMOVE RAILS, TIES AND/OR OTHER RAILROAD FACILITIES OR MATERIALS AP?URTENANT TO SAID TRACK WITHIN NINETY (90) DAYS AFTER TER- MINATION, AND TO RESTORE SAID STREETS AND ALLEYS TO SUBSTANTIALLY THE SAME CONDITION IN WHICH THEY WERE AT TIME SAID INDUSTRIAL SPUR TRACK WAS CONSTRUCTED OR TO A CONDITION HARMONIOUS WITH THE CONDITION, AT TIME OF REMOVAL, OF OTHER PORTIONS OF SAID STREETS AND ALLEYS IN THE NEARBY VICINITY: PROVIDING FEE TO BE PAID CITY AS REASONABLE COMPENSATION FOR THE FRANCHISE AND PRIVILEGE HEREBY GRANTED; PRO- VIDING THAT THE RIGHTS, PRIVILEGE AND FRANCHISE HEREBY GRANTED SHALL 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 26TH DAY OF JUNE 1966. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT$ TEXAS: Section 1® That The Atchison, Topeka and Santa Fe Railway Company and The Gulf and Inter -State Railway Company of Texas, their successors and assigns, are hereby granted the right, franchise and privilege to con- tinue 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 Victoria Avenue, Orange Avenue, Avenue "A", and to lay, build, construct, maintain and operate said standard gauge, industry track in, upon, over and along the alley of Blocks 44 and 45 of the Van Wormer Addition to the City of Beaumont, Texas, as shown in red on map C.E.O. No. C-20-24435, dated April 22, 1966, hereto attached, designated Exhibit "A" and made a part hereof, the centerline of said industry spur track being described as follows: Said centerline enters the Easterly line of Victoria Avenue at a point 26 feet, more or less, Northwesterly from the Southwest corner of Block 43, Van Wormer Addi- tion to the City of Beaumont, Texas, said point also being 10 feet, more or less, distant from its point of switch out of The Gulf and Inter -State Railway Company of Texas Yard Track No. 4; thence across Victoria Avenue along a curve to the left having a radius of 397.9 feet, a distance of 42.7 feet to the beginning of another curve to the left; thence continuing across Victoria Avenue and along last mentioned curve to the left having a radius of 287.9 feet, a distance of 44.0 feet, more or less, to a point in the Westerly line of Victoria Avenue, said point being 51.0 feet, more or less, Southeasterly from the Northeast corner of Lot 12, Block 44 of aforementioned Van Wormer Addi- tion; thence continuing along last mentioned curve to the left, and across all of Lots 12 and 11, and across a portion of Lot 10, all in said Block 44, a distance of 114 feet, more or less, to a point of entry into the Southerly line of the alley in said Block 44'; thence into and along said alley in said Block 44'and continuing along last curve to the left a distance of 63.8 feet, more or less, to the end of said curve, said.point being 7.1 feet perpendicularly distant Northwesterly from a point in the aforementioned South- erly line of said alley which is 170.7 feet Southwest- erly distant from the Westerly -line of Victoria Avenue as measured along said Southerly line; thence South- westerly tangent to last referred to curve, parallel to and 7.1 feet Northwesterly from the Southerly line of said alley to a point in the Westerly line of Avenue "A" and across all intervening streets. Section 2. The track now on said right of way and which is to be main- tained and operated under the terms and conditions of this Ordinance, shall be used only as an industrial spur track; that.is, for the pur- pose 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, but Grantees shall have the right to allow cars to stand on any portion of said industrial track located within the alley of Blocks 44 and 45 of Van Wormer'Addition to the City of Beaumont, Texas, for the purpose of serving commercial or industrial enterprises now or hereafter located in the vicintiy of said industrial track, 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 streets or any portion thereof, and except in so far as is reasonably necessary to the movement and handling of cars on said streets, same shall.be kept clear. Section 3. Grantees, their successors or assigns, shall, at their own ex- pense, use, maintain and operate said railroad track in accordance with the charter and ordinances of the City of Beaumont, Texas, now enacted or hereafter to be enacted, and in accordance with the exhbit attached hereto and made a part hereof. Furthermore, the said Grantees shall install such drainage facilities and do such other work, at the direction !MM 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. 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 addi- tion 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 effecto the payment to be made upon acceptance as aftorsaid to constitute pay- ment for the first year or part thereof remaining when this ordinance shall become effective. if such sums be not paid when due and if de- fault in payment,thereof continues for thirty (30) days thereafter, the rights and privileges herein granted shall cease and terminate. Section 5:. This franchise is 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. Section 7m That this ordinance shall go into force and effect the 26th day of June 1966, and shall continue for a period of ten (10) years there- after, unless sooner terminated as provided herein, provided that the City of Beaumont, Texas may, in furtherance of the plans of recommen- dations of the City Planning Commission or the City Planning.and Zoning Commission of said City of Beaumont, Texas, cancel this franchise upon six (6) months notice in 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 streets and alley herein involved, all rails, ties and other construction material, and restore said streets.and alley to substan- tially the condition in which they were at the time the said track was constructed; or if said street and/or alley have been substantially changed since the time said track was constructed, then said streets and/or alley shall be restored in keeping with the general condition of the streets and/or alley in the blocks affected. Section 8, That Grantees shall indemnity, save and hold the City of Beaumont, Texas harmless from any and all liabilities, claims, jucdgm:ents, 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 said railroad track, or the failure of the said Grantees - 3 - VOL to do and perform any of the same or in any manner growing out of or resulting from the granting of this franchise, then Grantees agree to pay and satisfy said judgment before and without said City -doing so. ,til ay o r - THE STATE OF TEXAS COUNTY OF JEFFERSON I,� ____, City Clerk of the 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 , 1966 the original of which is recorded in Volume , Page in the minutes of ordinances in the office .of the City Clerk of the City of Beaumont' Texas. GIVEN under my hand and seal of the City of Beaumont, Texas.- this exas;this the day of , A.D. 1966. City Clerk, City of Beaumont, Texas