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HomeMy WebLinkAbout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hat The Atchison, Topeka and Santa Fe Railway Company is hereby granted the right, franchise and privilege to maintain and operate, at its own expense, its industry lead Track No. 85 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 property line of Blanchette Street, distant 107.5 feet, more or less, southwesterly from its point of intersection with the north- easterly line of Main Street; thence in a northeasterly dir- ection a distance.of 110 feet, more or less, to a point in said northeasterly line.of Main Street, distant 24feet, more or less, northwesterly from said point of intersection with the southeasterly line of Blanchette Street. The location of said Track No. 85 is as shown by red. line on print CEO Amarillo No. C-24-24905 dated July 9,. 1970, hereto attached, marked "Exhibit A", and made a part of this ordinance. Section 2. The track to be maintained and operated under this ordinance shall be used only for the.purpose of loading, unloading and/or -switching to industrial tracks turning out of said Track No. 85 serving commercial and «,I'��r�,L��z� 16s 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 streets 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. Section 3. 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 here- after 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 desirable. All street work pro- vided 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 wise to obstruct the use of said streets by the -public. Section 4. The foregoing rights and privileges are granted upon the express condition that the grantee shall, within thirty (30) days after the pass- age and approval of this ordinance, file with the Clerk of the City of Beaumont its written acceptance hereof, and upon further condition that the grantee shall pay to the City of Beaumont upon acceptance hereof, the sum of Fifty and No/100 Dollars ($50.00), the payment to be made upon acceptance as aforesaid to constitute payment for the term of this franchise. - 2 - If such sum be not paid when due and if default in payment thereof con- tinues 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 now in effect or hereafter to be adopted or enacted. Section 6. 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 terminated. Section 7. This ordinance shall go into force and effect for a period of one (1) year from and after the 25th day of June, 1972, and this franchise shall terminate on June 24, 1973. Upon the termination of 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.. Section 8. 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 per- form any of the same or in any manner growing out of or resulting from the granting of this franchise, then grantee agrees to pay and satisfy said judgment before and without said City's doing so. - 3 - Section 9. The term "grantee" as used in this ordinance shall be construed 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. 1972. - Mayor - THE STATE OF TEXAS I COUNTY OF JEFFERSON X 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... L. 1972, the original of which is recorded in Volume '_, Page/d/34/in the minutes of ordinances in the office of the City Clerk of The City of Beaumont. GIVEN under my hand and seal of The City,of Beaumont, Texas, this the day of SP L Z... .. , A. D., 1972.- 6r- ............... 972.. .... ........... .. City Clerk, The City of Beaumont, Texas - 4 - ORDINANCE NO. �j J 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 IN, ALONG, UPON OVER AND ACROSS BLANCHETTE AND MAIN STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, INCACCORD 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 AND INDUSTRIAL ENTER- PRISES; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE j OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPERATION J BE IN ACCORDANCE 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 ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRAN- CHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 24, 1973, AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICA- TION OF THE CITY OF BEAUMONT. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: co iL;Ai,1 That The Atchison, Topeka and Santa Fe Railway Company is hereby granted the right, franchise and privilege to maintain and operate, at its own expense, its industry lead Track No. 85 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 property line of Blanchette Street, distant 107.5.feet, more or less, southwesterly from .its point of intersection with the north- easterly line of Main Street; thence in a northeasterly dir- ection a distance.of 110 feet, more or less, to a point -in said northeasterly line of Main Street, distant 24 feet, more or less, northwesterly from said point.of intersection with the southeasterly line of Blanchette Street. The location of said Track No. 85 is as shown by red. line on print CEO Amarillo No. C -24 -24905 -dated July 9,. ✓'' 1:970, hereto attached, marked "Exhibit A°°, and made a part of this ordinance. Section 2.. The track to be maintained and operated under this ordinance shall be used only for the.purpose of loading, unloading and/or -switching to industrial tracks turning out of said Track No. 85 serving commercial and CT) 7-1/-72- 4 - 4- 3.5 7-// - 7 A_ 163 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 streets 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. Section 3. 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 here- after 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 desirable. All street work pro- vided 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 wise to obstruct the use of said streets by the .public. Section 4.. The foregoing rights and privileges are granted upon the express condition that the grantee shall, within thirty (30) days after the pass- age and approval of this ordinance, file with the Clerk of the City of Beaumont its written acceptance hereof, and upon further condition that the grantee shall pay to the City of Beaumont upon acceptance hereof, the sum of Fifty and No/100 Dollars ($50.00), the payment to be made upon acceptance as aforesaid to constitute payment for the term of this franchise. - 2 - If such sum be not paid when due and if default in payment thereof con- tinues 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 now in effect or hereafter to be adopted or enacted. Section 6. 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 terminated. Section 7. This ordinance shall go into force and effect for a period of one (1) year from and after the 25th day of June, 1972, and this franchise shall terminate on June 24, 1973. Upon the termination of 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.. Section 8. 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 per- form any of the same or in any manner growing out of or resulting from the granting of this franchise, then grantee agrees to pay and satisfy said judgment before and without said City's doing so. - 3 - Section 9. The term "grantee" as used in this ordinance shall be construed 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. 1972. — Mayor — THE STATE OF TEXAS . I COUNTY OF JEFFERSON 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... �. 1972, the original of which is recorded in Volume'Page/6/,3 n the minutes of ordinances in the•office,of the City Clerk of The City of Beaumont. GIVEN under my hand and seal of The City,of Beaumont, Texas, this the day of S L1,fL-(� A. D., 1972.. City Clerk, The City of Beaumont, Texas =0