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Home My WebLink AboutORD 70-42ORDINANCE NO.- AN O: 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 INDUSTRY TRACK FROM A POINT IN BLANCHETTE STREET SOUTHEASTERLY OF BLOCK 69, OF THE OLD TOWN OF BEAUMONT CONNECTING WITH AND PARALLEL. -TO THE MAIN TRACK OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY NOW CONSTRUCTED IN SAID STREET AND RUNNING DOWN SAID BLANCHETTE STREET TO A POINT OPPOSITE LOT NO. 357 IN SAID BLOCK 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; PROVID- ING 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 ENGI- NEER; PROVIDING FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVID ING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDI- NANCES 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 14, 1977 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYSTHEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BE 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 streets, the center line of the said track being described as follows: From a point in the main line track of.The Atchison, Topeka and Santa Fe Railway Company in Blanchette Street at Track - Chaining Station 25 + 59.2 to a point opposite Lot No. 357 in Block No. 69, a distance of approximately 317 feet. The location of said track is as shown by red line on print C.E.O. Galveston, C.E.G. No. C-19-23360 dated May 16, 1972,hereto attached, marked "Exhibit A", and made a part of this ordinance. GRrTTnl\T 9 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 D- �,z- �IA. �- a - �a 1� 3 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 un- reasonably 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. QTi rTTnhT 1 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 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 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.aforesaid to constitute payment for the first year or part thereof remaining when this Page 2 of 4 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 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 6i, 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 five (5) years from and after the day.of and this franchise shall.terminate on June 14,1977, 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 4r 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 recom— mendations 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 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 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 Page 3 of 4 • 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 cons.trued to include said The Atchison, Topeka and Santa Fe Railway Company, its successors, assigns, lessees and other Railway Companies, now or hereafter having track- age rights over the track covered hereby, or any part thereof. PASSED by the City Council, this 1 day of , A. D. /q%,:�, Page 4 of 4 yor -