HomeMy WebLinkAboutORD 71-31industrial 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 C30) . days. after the pass-
age.and approval of this ordinance, file with the Clerk,of the City of
Beaumont its writtenacceptance 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 b.e.made upon
acceptance. as: aforesaid to constitute payment for the term of this.franchise.
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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.
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.
This ordinance shall go into force and effect fora period of
one (1) year from and after the 25th day of June, 1971, and this franchise
shall terminate on June 24, 1972. 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 b.e 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.
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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 ofi(�L
, A. D., 1971.
THE STATE OF TEXAS
COUNTY OF JEFFERSON.
- Mayor -
Z, Jas.. T. -Garrard City Clerk of
The City of Beaumont, Texas., do hereby certify that the ah.oveand foregoing
is a true and correct copy of an Ordinance passed'by the City Council of The
City of Beaumont on the 13th day of July , 1971, the original
of which is recorded in Volume l l Page 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 14th -day
of July
A.
D.,
1971.
iu a �o x �,, /`te,z`'L`��
IX
City Clerk, The City of Beaumont,
Texas
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