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Home My WebLink AboutORD 69-29�� z7 --.6 ORDINANCE NO. �1 ENTITLED AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA 1E RAILI'TAY COMPANY A FRANCHISE RIGHT TO CON- TINUE TO USE, MAINTAIN AND OPERATE AN INDUSTRIAL.SPUR TRACK,. IN, UPON, OVER AND ACROSS GLADYS AVENUE IN MCFADDIN'S FIRST ADDITION TO THE CITY OF_BEAUMONT, TEX- AS, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING ALSO THAT SAID TRACI{ IS AND SHALL BE USED ONLY AS AN INDUSTRIAL SPUR TRACK; PROVIDING FORFEITURE FOR FAILURE TO .USE, MAINTAIN.AND OPERATE FOR A PERIOD OF SIX (6) MONTHS; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO'REMOVE RAILS, TIES AND/OR OTHER RAILROAD FACILITIES OR MATERIALS APPURTEN- ANT TO SAID TRACK WITHIN NINETY (90) DAYS AFTER TERMIN- ATION, AND TO RESTORE SAID STREET TO SUBSTANTIALLY THE SAME CONDITION.IN WHICH IT WAS AT TIME SAID INDUSTRIAL SPUR TRACK WAS..CONSTRU.CTED OR TO A. 'CONDITION HARMONIOUS WITH THE CONDITION, AT TIME OF REMOVAL, OF OTHER POR- TIONS OF SAID STREET IN THE NEARBY VICINITY; PROVIDING FEE TO BE PAIDCITY AS REASONABLE COMPENSATION FOR THE FRANCHISE AND PRIVILEGE HEREBY GRANTED; PROVIDING THAT THE RIGHTS, PRIVILEGE AND FRANCHISE HEREBY GRANTED SHALL BE ACCEPTED BY GRANTEE WITHIN THIRTY (30) DAYS AFTER PASSING AND APPROVAL, OF THIS ORDINANCE;. AND PRO- VIDING FURTHER THAT THIS FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER AND ORDIN- ANCES OF THE .',CITY OF BEAUMONT, TEXAS, AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER THE 24TII DAY OF JUNE, 1969. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1.� That The Atchison, Topeka and Santa Fe Railway Company, its suc- cessors and assigns; is hereby granted the right, franchise and privilege to continue to use, maintain and operate, at its own expense, a standard gauge industry spur track in, upon, over and across Gladys Avenue in McFad- din's First Addition to the City of Beaumont, Texas, as. shown in red on map C-20-24635, dated February 28, 1968, hereto attached, designated Exhibit. "A" and made part hereof, the center line. of said industry spur track being described as follows: •Center line -of said industry track crosses the southerly line of Gladys Avenue at a point 285.9 feet westerly from the northeasterly corner of Block Number Five (5) in McF'addin's First"Addition to the City of Beaumont, and runs thence northerly on a 14026' curve to the right across. Gladys.Avenue 60.2 fPP+ +n n renin+ in +bP nnr+ht?r1v lint-. of grid street e cu t r. i — f Section 2. That the track now on said right of way, and which is to be main- tained and operated under the terms and conditions of this Ordinance,,shall be .used only as industrial spur track; that is., for the purpose of afford- ing loading, unloading and switching facilities to commercial and industrial enterprises now located.or hereafter to be located in the vicinity of said track. The Grantee shall have the right to operate engines and cars over said track so as to further the interest for which this grant is given, pro- vided that no engines 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, Texas, and provided further that all engines and cars operated .over said in- dustrial track located within or across. a public street of the :City of Beau- mont,- Texas, shall be operated thereover in such a manner as not to unreason- ably interfere with public traffic along and upon or across said street or any portion thereof, and except insofar.as is reasonably necessary to the movement and handling of cars on said street, same shall be kept clear. Section 3. That Grantee, its successors or assigns, shall, at its own expense, use, maintain and operate said railroad track in accordance with the charter and ordinances of the ;City of Beaumont, Texas,now enacted or hereafter to be enacted, and in accordance with.the exhibit attached hereto and made a part hereof. Furthermore, said Grantee shall install 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 direc- tion of the City Engineer, and Grantee shall maintain said railroad track at the same grade or level as the established grade or level of said street, so as not in any wise to obstruct the use of said street by the public. Section 4. That the foregoing rights and privileges are granted upon the ex- press condition that Grantee shall within thirty (30) days after the pass- Texas, its written acceptance hereof,. and upon further condition that Grantee shall pay to The ""City of Beaumont, Texas, upon acceptance hereof, the sum of Fifty ($50.00) Dollars, and in addition thereto shall pay to The City of Beaumont, Texas, annually and in advance of the first day of July the sum of Fifty ($50.00) Dollars per annum so long as.this.ordin- ance 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 ordinance shall become effective. If such, stuns be not paid when due and if default in payment thereof continues for thirty (30) days thereafter,- the rights and privilegesherein granted shall cease and terminate. Section 5. That this franchise is granted subject to all of the provisions of the Charter and ordinances of The City of Beaumont, Texas, now in effect or hereafter to be adopted or enacted. Section 6., That if Grantee, its "successors or assigns, shall fail to use., maintain and operate said track for any period of six (6) months_, this or- dinance shall become null and void and fully terminated. Section 7. That this ordinance and the franchise hereby granted shall con- tinue for a period of ten (10) years from and after the 24th day of June, 1969, unless sooner terminated as provided herein, provided that The City of Beaumont, Texas, may, in furtherance of plans regarding railroads with- in the "City or in furtherance of the plans or recommendations of the .City Planning -Commission or the 'City Planning and Zoning ,"Commission of said City of Beaumont, Texas,cancel this franchise upon six (6) months notice in writing given to Grantee by Grantor of its intention to cancel same; Upon the termination of this franchise Grantee shall within ninety (90) days thereafter remove from the street herein involved,- all rails,, ties and other construction material_,, and restore said street to substantially the condi- tion ondition in which it was at the time the said track was constructed; or if said street has been substantially changed since the time said track was con- structed, then said street shall be restored in keeping with the general condition of the streets in the nearby vicinity. Section 8. That Grantee shall indemnify, save and hold The :City of Beaumont, Texas, harmless 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 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 Grantee to doand 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 doing so. PASSED by the City -Vouncil this the 2 th day of June , 1969. Mayor - THE STATE OF TEXAS COUNTY .OF JEF++ SON I, Jas. T. Garrard , 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 24th day of June ,. 1969, the original of which is, recorded in Volume 10 , Page 579 ; in.the minutes.of ordi- nances in the office of the City .Clerk of The City of Beaumont, Texas. GIVEN under. my hand and seal of The :City of Beaumont, Texas, this the 24th day of June ,. A. D. 1969. F