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Home My WebLink AboutORD 72-41ORDINANCE NO. AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK FROM A POINT IN JIROU STREET IN McFADDIN'S FIRST ADDITION TURNING OUT OF TRACK NO. 65 OF THE-ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY NOW CONSTRUCTED IN SAID STREET AND RUNNING NORTHEASTERLY ACROSS THE EAST ONE-HALF OF SAID STREET, AND ENTERING RAILWAY COMPANY'S PROPERTY IN LOT 6, BLOCK 3 OF SAID ADDITION, IN THE CITY OF BEAUMONT, JEFFER- SON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO: PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PUR- POSE OF LOADING, UNLOADING AND SWITCHING TO INDUSTRIAL TRACK SERVING COMMERCIAL ENTERPRISE; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK: PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE .CITY AND THAT CERTAIN MAIN- TENANCE WORK SHALL BE DONE AT THE DIRECTION 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 FRANCHISED HERE- UNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JULY 22, 1977 AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNI- FICATION OF THE CITY OF BEAUMONT. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: SECTION 1. 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 street, the center line of the said track being described as follows: Said centerline turns out of said Railway Company's present industry track No. 65 which runs along the center- line of Jirou Street at a point approximately 20 feet North of the North line of Ashley Street and runs thence Northeasterly on a curve to the right, crossing the East- erly one-half of said Jirou Street, and enters Railway Company's property in Lot 6, Block 3 of McFaddin's First Addition at a point approximately 10 feet North of the Southwest corner of said Lot 6, which is also the Easterly line of said Jirou Street. The location of said track is as shown by red line on print C.E.O. Amarillo, C.E.A. No. C-19-23363 dated May 16, 1972, hereto attached, marked "Exhibit A", and made a part of this ordinance. D- 7,a - zlt y -aa— 7a /10-3 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 indus- trial 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 streets or any portion thereof, and except insofar as is reason- ably 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 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 desirable. 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 express condi- tion that the Grantee shall, within thirty.(30) days after the passage and Page 2 of 4 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) per annum so long as this ordinance shall remain in full force and effect, the payment to be made upon acceptance as,afore said 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 is granted subject toaall 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 ordi- nance shall become null and void and fully terminated. Section 7. This ordinance shall go into force and effect for a period of five (5) years from and.after the ' day of , 19 - , and this franchise shall terminate on July 22, 1977, unless sooner terminated as provided herein, provided that the City of Beaumont may cancel this fran- chise 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 intention to cancel same, and provided further that the City of Beaumont may, in furtherance of the plans and recommendations of the City Planning Commission, or the City Planning and Zoning Commission of the City.of Beaumont, cancel the franchise.herein granted upon like notice to Grantee as aforesaid. Upon the termination of this franchise for any reason, Grantee shall within ninety (90) days there- after remove from the streets herein involved all rails, ties and.0ther Page 3 of 4 construction construction material, and place such streets in substantially the general condition of the respective streets 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 perform 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. Section 9. The term "Grantee" as used in this ordinance shall.be.construed to in- clude 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, orany part thereof. PASSED by the City Council, this do -i -/"^i day of , A.D. -Ma or - Page 4 of 4 e)._