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Home My WebLink AboutORD 69-31ORDINANCE NO. AN ORDINANCE GRANTING TO THE ATCHISON TOPEKA �lLyl�Y z AND SANTA FE RAILWAY COMPANY, A KANSAS CORPORA- TION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 72 IN, ALONG, UPON, OVER AND ACROSS MAGNOLIA, LONG AND GRAND AVENUES, WILLOW, PEARL AND PINE STREETS, AND A PUBLIC ROAD OR S TREE T LEADING TO THE CITY D UMP , IN THE j CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND i THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 85 IN, ALONG, UPON, OVER AND ACROSS GILBERT STREET, HOLMES AVENUE, MILAM STREET, ARCHIE AVENUE, FRANKLIN, BLANCHETTE AND NECHES STREETS, IN SAID CITY, ALL IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACKS 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 OF SAID TRACKS; PROVIDING THAT SUCH j MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE 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 TERMI- NATION FOR FAILURE TO USE THE TRACKS FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 24, 19792 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION 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. is hereby granted the right,. franchise and privilege to maintain and operate at its own expense, its industry lead Tracks Nos. 72 and 85 in, along, upon, over and across the aforementioned streets, avenues, and/or public roads, the center lines of the said Tracks Nos. 72 and 85 being described as follows: ✓Track No. 72 The center line of said Track'No. 72 enters the leaves said public road or street and enters private property at said Company's Track Chain- ing Station 51 + 78.6. Track No. 85 The center line of said Track No. 85enters the west line of Gilbert Street at a point 120 feet, more or less, north of the north line of Railroad Avenue, said point being at approximately -Track Chaining Station 0 + 75; thence in a general easterly and northeasterly direction, over and across Gilbert Street, Holmes Avenue, Milam Street, Archie Avenue, and Franklin Street; in, upon and along Blanchette Street; and over and across Neches to a point 100 feet, more or less, west of the west line -of Park Street, at approxi- mately Track Chaining Station 28 + 50. The locations of said Tracks Nos. 72 and 85 are as shown by red lines on print C.E.O. Amarillo ,No. C-22-22416, dated May 7, 1969, hereto attached, marked "Exhibit A", and made a part of this ordinance. Section 2 The tracks 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 Tracks Nos. 72 and 85 serving commercial and industrial enterprises now or hereafter located in the vicinity of said tracks. The grantee shall have the right to operate engines, trains and cars over said tracks 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 tracks 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 thereover 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. - 2 - Section 3 The Atchison, Topeka and Santa Fe Railway Company shall, at its own expense, maintain and operate said railroad tracks 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 pro- vided for herein shall be done under the direction of the City Engineer, and grantee shall maintain said railroad tracks 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 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 re- main 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 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. This franchise is granted subject to all the provisions of -the Charter and Ordinances of the City of Beaumont now in effect -or hereafter to be adopted or enacted.. If The Atchison, Topeka and Santa Fe Railway �✓ e,.-uw tet. �c✓ f v Company shall fail to use-, maintain and operate said tracks 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, 1969, and this franchise shall terminate on June 24, 1979.. 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 con- struction 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 the City of Beaumont harmless from any and all liabilities, claims, judg- ments, damages, costs and expenses whatsoever growing out of or resulting in any way from the use, maintenance or operation of said railroad tracks, 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 growing out of.or resulting in any manner from the use, maintenance or operation -of said railroad tracks, or the failure of the said grantee oto 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 doing so. 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 tracks covered hereby, or any part' thereof. PASSED by the City Council, this the 2th day of June , A.D. 1969. Mayor THE S TATE OF TEXAS ) COUNTY OF JEFFERSON ) I, Jas. T. Garrard , City Clerk o f 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 584 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 2 th day of June A.D., 1969. City Clerk, The City of Beaumont, Texas {terAa + 6