HomeMy WebLinkAboutORD 24 GGAN ORDINANCE
ENTITLED AN ORDINANCE GRANTING THE KANSAS CITY SOUTHERN
RAILWAY COMPANY A FRANCHISE RIGHT TO MAINTAIN AND
OPERATE INDUSTRIAL SPUR TRACKS IN, UPON, OVER AND ACROSS,
AND AN UNDERGROUND CONDUIT UNDER, THAT PORTION OF
LAVACA STREET IN THE CITY OF BEAUMONT, TEXAS, AS SHOWN BY
EXHIBIT ATTACHED TO THE ORDINANCE, AND AS FURTHER
DESCRIBED IN SAID ORDINANCE;
PROVIDING TRACKS ARE AND SHALL BE USED ONLY AS INDUSTRIAL SPURD
TRACKS; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN
OR OPERATE FOR A. PERIOD OF SIX (6) MONTFE ; PROVIDING
CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH
CANCELLATION, TO REMOVE RAILS, TIES AND OTHER CONSTRUC -
TION AND MATERIALS -FROM SAID FRANCHISE AREA WITHIN
NINETY (90) DAYS AFTER TERMINATION 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 THE KANSAS CITY
SOUTHERN RAILWAY COMPANY WITHIN THIRTY (3 0) DAYS AFTER
PASSAGE AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING
THAT THE KANSAS CITY SOUTHERN RAILWAY COMPANY SHALL PAY
THE CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF MARCH
OF EACH YEAR THE SUM OF FIFTY AND N0/100 DOLLARS ($50.00)
AS REASONABLE COMPENSATION FOR THE PRIVILEGES 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 EXIST FOR A PERIOD
OF THIRTY-FIVE (35) YEARS FROM AND AFTER MARCH 1, 19651
SUBJECT TO THE RIGHT OF THE CITY OF BEAUMONT UPON SIX (6)
MONTHS PRIOR NOTICE TO CANCEL AND TERMINATE SAID FRANCHISE
ON MARCH 1, 1975, OR AT THE END OF ANY SUBSEQUENT TEN-YEAR
PERIOD DURING THE EXISTENCE OF THE FRANCHISE.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That The Kansas City Southern Railway Company, its successors
and assigns, is hereby granted the right, franchise and privilege to main-
tain and operate, at its own expense, standard gauge industrial railroad
spur tracks, as now constructed and located, upon and across Lavaca
Street, and a conduit thereunder, as shown by red coloring on map hereto
attached and made a part hereof and designated as Exhibit A, the descrip-
tion of said franchise area, located within the City of Beaumont,
Jefferson County, Texas, being as follows:
"An irregular shaped tract of land being a part of a
dedicated road known as Lavaca Street located in the
J. W. Bullock Survey in City of Beaumont, Jefferson
County, Texas, being more particularly described as
follows:
OLaata Aj"VLi%/" LJFIGGF rraFaa Fa►G OVLaFat YrGOF4Liy --ALF -
way line of The Kansas City Southern Railway Com-
pany's main track, -said intersection being marked
with a concrete monument set by George J. Schaumburg
in 1962; thence southeasterly along said southwesterly
right of way line for a distance of 84.83 feet to an
intersection with the south line of said Lavaca Street;
thence westerly along said south line of Lavaca Street
for a distance of 9..5 feet; thence northwesterly on a
curve to the left, with. a radius of 452.98 feet for a
distance of 160.4 feet, more,or less, to a point in the
said north line of Lavaca Street; thence easterly along
said north line of Lavaca Street for a distance of 97.6
feet, more or less, to the point of beginning. Said
tract containing 2,470 square feet, more or less."
Section 2.
The tracks now on said right of way above described,which are
hereafter to be maintained and operated under the terms and conditions
of this ordinance, shall be used only as industrial spur tracks, that is,
for the purpose of affording transportation to and from, loading,
unloading and switching facilities, to commercial and industrial enter-
prises now located, or hereafter to be located, in the vicinity of said
tracks. Grantee shall have the right to operate engines and cars over
said tracks so as to further the interests 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 tracks located upon the franchise area above described,
and, provided further, that all engines and cars operated over said Lavaca
Street by virtue of this franchise shall be operated thereover in such
manner as not to unreasonably interfere with public traffic upon, along or
across said street, and, except insofar as is reasonably necessary in the
movement and handling of cars on said street, same shall be kept clear.
Section 3.
If The Kansas City Southern Railway Company shall fail to use,
maintain and operate said tracks upon said franchise area for any period
of six (6) consecutive months, this ordinance shall become null and�Ivoid
and fully terminated.
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Section 4.
This ordinance and the rights and privileges therein granted are
subject to all the terms and provisions of the Charter of the City of
Beaumont.
Section 5.
This franchise shall continue in force and effect, subject to
the provisions of Section 3 hereof, for a period of thirty-five (35) years
from and after the first day of March, A. D. 1965,unless sooner termi-
nated as provided herein. By notice given six (6) months in advance,
this franchise may be terminated by the City of Beaumont on March 1,
1975, and by similar notice it may be terminated at the end of any ten
(10) year period thereafter during the period of this franchise. Further,
upon six (6) months prior notice, the City of Beaumont may, if necessary
to permit it to conform to the plans and recommendations of the City
Planning Commission, or the City Planning and Zoning Commission of
the City of Beaumont, cancel this franchise herein granted. Upon the
termination of this franchise for any reason, Grantee shall, within
ninety (90) days thereafter, remove from said franchise area all rails,
ties and other construction and materials, and place such properties and
area of the street where it was located in first class condition.
Section 6-.
The foregoing rights and privileges are granted upon the express
condition that 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 7.
As reasonable compensation for the rights and privileges granted
by this ordinance, Grantee, by the acceptance. hereof as provided in
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173- ' x;
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Section
4-Section 6 above, agrees and obligates itself, its successors and assigns,
to pay to the City of Beaumont, on or before the first day of March of
each year after the taking effect of this ordinance, including the first day
of March, 1965, the sum of Fifty and no/100 Dollars ($50.00) .
Section 8.
The full text of this ordinance shall be, after final passage,
published once in a newspaper of general circulation, published in the
City of Beaumont, at the expense of the Grantee.
PASSED, upon third and final reading, by the City Council of
the City of Beaumont, this the -Z 4d day of February, A. D. 1965.
Mayor
t�
First reading of this ordinance was the Iq day of
2,&Z 4'.?J,— second reading was the'day of
day of
; and third and final reading was the
1965; and thereafter this
ordinance was published as required by the City Charter of the City of
Beaumont. Grantee, within 30 days after the passage and approval of
this ordinance, filed its written acceptance thereof with the City Clerk
of Beaumont.
PASSED by affirmative votes of members of the City
Council on the j'�'day o _ �ut
1965. This ordinance
shall take effect and be in force from and after March 1, 1965, for a
period of thirty-five (35) years, subject to the expiration. and termina-
tion provisions therein provided.
CITY OF BEAUMONT
B d 'D'
City Clerk