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HomeMy WebLinkAboutORD 73-44&t G_C., 13-il 4- -7-3 ORDINANCE N0. 73.44 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 85 FROM A POINT IN THE SOUTHEASTERLY LINE OF BLANCHETTE STREET TO A POINT IN THE NORTHEASTERLY LINE OF MAIN STREET AT A DISTANCE OF 110 FEET, MORE OR LESS, IN, OVER AND ACROSS SAID STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO: PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF..LOADING, UNLOADING AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL ENTERPRISES; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE ti WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIREC- TION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEP- TANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRAN- CHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 24, 1974 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: QFCTTnNT l That The Atchison, Topeka and Santa.Fe Railway Company, its successors and assigns, is hereby, granted the right, franchise and privilege to maintain and operate, at its own expense, its standard gauge industry track in, along, upon, over and across the aforementioned streets, the center line of the said Track No. 85, being described as follows. Beginning at a point in the southeasterly prop- erty line of Blanchette Street, distant 107.5 feet, more or less, southwesterly from its point of inter- section with the northeasterly line of Main Street; thence in a northeasterly direction a distance of 110 feet, more or less, to a point in the northeast- erly line of Main Street, distant 24 feet, more or less, northwesterly from its intersection with the southeasterly line of Blanchette Street. The location of said Track No. 85 is as shown by red line on print C.E.O. Amarillo, CEA No. C-24-24905 dated July 9, 1970, .hereto attached, marked "Exhibit A", and made a part of this ordinance. The track to be maintained and operated under this ordinance shall be used only for the purpose of loading, unloading and/or Page 1 of 4 &Q4' switching to industrial tracks turning out of said track, serving commercial and industrial enterprises now or hereafter located in the vicinity of said track. The Grantee shall have the right to operate engines, trains and cars over said track so as to further the interest for which this grant is given, provided that no engines, trains 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, and provided further that all engines, trains and cars operated over said public streets shall be operated there -over in such a manner as not to unreasonably interfere with public traffic in, upon, along, over and across said street or any portion thereof, and except insofar as is reasonably necessary in the movement and handling of cars on said streets, same shall be kept clear. The Atchison, Topeka and Santa Fe Railway Company shall, at its own expense, maintain and operate said railroad track in accordance with the Charter and Ordinances of the City of Beaumont, now enacted or hereafter to be enacted. Furthermore, said Railway Company shall maintain 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 de- sirable. All street work provided for herein shall be done under the direction of the City Engineer, and,Grantee shall maintain said railroad track at the same grade or level as the established grade or level of the respective street, so as not in any way to obstruct the use of said streets by the public. Section 4. The foregoing rights and privileges are granted upon the ex- press condition that the Grantee shall, within thirty (30) days after the passage and approval of this ordinance, file with the Clerk of the City of Beaumont its written -acceptance hereof, and Page 2 of 4 upon further condition that the Grantee shall pay to the City of Beaumont upon acceptance hereof, the sum of Fifty and N0/100 Dollars ($50.00), the payment to be made upon acceptance as aforesaid to constitute payment for the term of this franchise. If such sum 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 is granted subject to all of the provisions of the Charter and Ordinances of the City of Beaumont nolo in effect or hereafter to be adopted or enacted. If The Atchison, Topeka and Santa Fe Railway Company shall fail to use, maintain and/or operate said track for any period of'six (6) months this ordinance shall become null and void and fully ter - urinated. S.ectiori 7. This ordinance shall go into.force and effect for a period of 1 year from and after the 25 day of June, 1973,'and this franchise shall terminate on June 24, 1974, unless sooner'teriminated as pro- vided herein, provided 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 inten- tion to cancel same, and provided further that the City of Beau- zmont -may, in furtherance of the plans and recommendations of the City Planning Commission, or the City Planning and Zoning Commis- sion.of the City of Beaumont, cancel the franchise herein granted upon like notice to Grantee as.aforesaid. Upon the termination of Page 3 of 4 this franchise for any reason, Grantee shall within ninety (90) days thereafter remove from the streets herein involved all rails, ties and other construction material, and place such streets in substantially the general condition of the respective street in the nearby vicinity. C!-- -4 A- 4 Grantee shall indemnify, save and hold harmless the City,of Beaumont 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 Grantee 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 Grantee to do and perform any of the same or in anymmanner growing out of or resulting from the granting of this franchise, then Grantee agrees to pay and satisfy said judgment be- fore and without said City's doing so. e-. , *-" n The term"Grantee" as used in .this ordinance shall beconstrued to include said The Atchison, Topeka and Santa Fe Railway Company, its successors, assigns, lessees and other Railway Companies, now or hereafter having trackage rights over the track covered hereby, or any part thereof. PASSED by the City Council, this day of , A.D.' -Maor- Page 4 of 4