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HomeMy WebLinkAboutORD 38-AAAN ORDINANCE AN ORDINANCE GRANTING TO GTMF COLORADO M -M SANTA FE RAIMJAY CODIPAMY? AND THE GULF ANID ITITER-STATE RAILWAY COMIANY OF TEXAS A FRANCHISE RIGHT TO LAY TLTILDS CONSTRUCT MAINTAINS AND OPERATE AN INDUSTRY TRACK 1N, UPON EVER ANTI ACROSS A CERTAIN POPITION OF VICTORIA Ai EI NUE, ORANGE AVENUE HIND AVENUE "A11, AND A �MANICEISE. RIGHT TO LAY MILD, CONSTRUCT, MAINTAIN AND OPEDATE AN INDUSTRY TRACK IN, UPON, OVER AWD ALONG TRE ALLEY iN BLOCKS 44 AND 45 Or THE VAN WOPI'M ADDITION TO THE CITY OF B AUNIORT, TEXAS, IN ACCORDANCE WITH EXHIBIT; PROVIDING RE- GULATIONS AND RESTRICTIONS FOR THE USE OF SAID INDUSTRY TRACK; PROVIDIM THAT SUCH wora BE IN ACCORDANCE WITH CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT, TEXAS AND IN ACCORDANCE WITH EXHIBIT; A''saD RE TIEING SUCH OTHER DPAIN AGE FACILITIES AIM WORK TO BE DOVE .AS THE CITY ENGINEER: of THE CITY OF 3EADMONT, TEXAS MAY , DTRECT; REQUIRING ACCEP - TABCE 13Y GRANTRES EdiTIHIN THIRTY (30) DAYS OF PASSAGE ADD APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNATING MiEN THE SANE SMALL BE PAID A14D SETTING FORTH FORFEITURE PROVISION; MAKING SAID FRMICHISE SUBJECT TO TM CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT, TEXAS NOW IK FORCE AND HEREAFTER TO BE ENACTED OR ADUTED; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN OR OPEPITE FOR A PERIOD OF SI; (6) MODT110; PRESCRIBING EFFECTIVE DATE AND MRATI019 OF SAID FWCHISE, PEOVIDING CANCELLATION CLAUSES AND REQUIPINiG GRANTEES UPOW SUCH CAY4CELLATION TO RFMOVE FAILS TIES AND/OR OMER CONSTRUCTION OR MATERiALs tialNi- IN N iNvtETY (90) DAYS AFTER TERMINATION, AND RESTORE, SAID STREETS AND ALLEY TO SUBSTANTIALLY TIE SAME CONDITION IN 14HICE THEY WERE AT THE TIME SAID INDUSTRY TRACK WAS CONSTEUCTED; AND PROVIDING INDEAMITY CLAUSES. BE IT ORDAINED BY THE CITY COM41SSIOU CE' THE CITY OF BEAUMIONT, TEXAS ;�ON 1. 3 tip 1 /71 That Gulfq Colorado and Santa, Fe Railway Company and The Gulf and inter -State Railway 'Company of Texas are hereby granted the right, franchise and privilege to lay, build, construct, maintain and operate, at their own expense, a standard guage industry spur track, including switch and all other appurtenances in, upon, over and across Victori& Avenue, Orange Avenue, Avenue "A", and to lay, build, construct, maintain and operate said standard guage industry track in,, upon over and along the alley of Blocks 44 and 45 of the Van Wormer Adlition to the City of Beaumont, Texas, as shown in red on map C. E. G. No. C".-20-21^54, dated May 41 1956, hereto attached, designated E�diibit "A" and made a part hereof, the centerline of said industry spur track being described as follows: Said centerline enters the Easterly line of Vic- toria Avenue at a point 26 feet, more or Less, Northwesterly from the Southwest corner of Block 43, Van Wormer Addition to the City of L'eaunont, - 1 - Texas, said point also being 10 feet, more or less, distant frori its point of switch out of The Gulf and Inter -State Railway Company of Texas' Yard Track No. 4; thence across Victoria Avenue along a curve to the left having a radius of 397.9 feet, a distance of 42.7 feet to.the beginning of another curve to the left; thence continuing across Victoria. Avenue and along last montioned curve to the left having a radius of 287.9 feet a distance of 44,0 feet, more or less, to a pont in the 14resterly line of Vic- toria Avenue said point being 51.0 feet, more or less, Southeasterly from the Northeast corner of Lot 12, Block 44 of aforementioned Van Wormer Addition; thence continuing along last mentioned curve to the left, and across all of lots 12 and 11, and across a portion of Lot 10, all in said Block 44, a distance of 114 feet more or less$ to a point of entry into the Southerly line of the alley in said Block 44; thence into and along said alley in said Blocks 44 and continu- ing along last curve to the left a distance of 63.8 feet more or less, to the end of said curve, said point being 7.1 feet perpendicularly distant Porthwesterly from a point in the afore- mentioned Southerly line of said alley which is 170,7 feet Southwesterly distant from the West- erly line of Victoria Avenue as measured along said Southerly line; thence Southwesterly tan- gent to last referred to curve, parallel to and 7.1 feet _Northwesterly from- the Southerly line of said alley to a point in the westerly line of Avenue "ll and across all intervening streets. -SECTIPY 2, That the track to be laid, built, constructed, main- tained and operated under this ordinance shall be used only as an industrial track, that is, for loading, unloading and switching facilities to commercial and industrial enterprises now or here- after located in the vicinity of said industrial track. The Grantees shall have the right to operate engines and cars over. said industrial track, when completed, so as to further the in- terest for which this grant is given, provided that no engines or cars of any kind shall be allowed to stand on any portion of said industrial track located within a public street,of the City of Beaumont, Texas, but Grantees shall have the right to allow cars to stand on any pqrtion of said industrial track located within the alley of Blocks and 45 of Van Wvormer Addition to the city of Beaumont, Texas, _for the purpose of serving commercial or industrial enterprises now or hereafter located in the vicinity of said in- dustrial track, and provided further that all en,ines and cars operated over said industrial track located within or across a public street o' the City of Beaumont, Texas, shall be operated thereover in such a manner as not to unreasonably interfere with public traffic upon and along or across said streets or any portion thereof, aurid except in so far as is reasonably necessary to the movement and handling of cars on said streets, same shall be kept clear. SECTION 3. What Gulf, Colorado and Santa Te ,railway Company and she Gulf and Inter -State Railway Company of Texas shall., at their own - 2 expense, lay, build, construct maintain and operate said rail- road track in accordance with the charter and ordinances of the City of Beaumont, Texas &w enacted or hereafter to be enacted, and :Ln accordance. with the exhibit attached hereto and made 'a pant hereof. Furthemore, the said Gulf Calorado.and Santa Fe Railway Company and The Gulf and inter -Sate Railway Company of Texas shall install such drainage facilities and do such other work at the time, or at a later elate, at the direction of the City Engineer in connection with the franchise herein granted as shall in the opinion of the City Engineer be desirably;. All: street wore provided.for:here?n shall be done under the direction of the Cit -r Engineer® sErgla 40 That the foregoing rights and privileges are granted upon the express condition the Grantees shall within thirty (30) days after the passage and approval of this ordinance, file with the Clerk of the City of Beaumont, Texas their trritten acceptance hereof, and upon further condition that the Grantees shah: pay to. the Cit of Beaumont, Texas, upon acceptance hereof, th© sum of Fifty (.5'0.00) Dollars, and in addition th reto shall pay to the City of Beaumont 9 Teras y annually and ire advance on' the first day of July the sum of Fifty 050600) Dollars per annum so long as this ordinance shall remain in full force and effbe' t, the payment to be made upon acceptance as aforesaid to constitute payment for the first year or part therdof remaining when this ordinance shall become effective.. 2f such sums be not paid when die and if default in payment . thereof continues for .thirty . (30) days thereafter the rights and privileges herein granted shall cease and te=inaie. mSECTI2V 5. This franchise is granted subject to all the provisions of the charter',nd ordinances of the City of Beatmonty.Texas, now in effect or hereafter to.be adopted or enactede That if Gulf, Colorado and Santa lie Railway Company and The Gulf and inter -State Bail«ay Company of Teras shall fail to use, maintain and operate said track for any period of six (6) months, this ordinance shall become null and void and fully terminated.. EC119 14 7 ® That this ordinance shall go into force and effect ten. (10) days after its adaption; and approval, and shall continue for a period of ten (1.0) years thereafter, unless sooner terminated as provided herein, provided that the City of Beaumontg Texas may, in furtherance of the .plans or recommendations of the City Planning Commission or the City Planning and Zoning Coamis8ion of said City of Beaumont* Teras, cancel. this franchise ttpon six, (6) months notice in writing given to Granteos by Grantor of its intention to cancel same. Uton the termination of this franchise for any reason, Grantees shall within ninety (90) days thereafter remove from.the streets 3 °- a , d , and alley herein involved, all rails, ties and other construc- tion material, and restore said streets and alley to substan- tially the condition in which they were at the:time the said track was constructed;.or if said -street and/or alley have been, substantially changed since the time said track was constructed, then said streets and/or alley shall be restored in keeping with the general cotdition of the streets and/or alley in the blocks affected., SF.CTIOIN S, That Grantees 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 laying, building, construction, maintenance or operation of said railroadtrack, or the failure of the said Grantees to do and perform any of the satae, 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 laying, building, cohstructian, maintenance or operation of said ,railroad tragi, or the failure of the said Grantees to do. arid perform any of the same or in any manner growing out of or re- sulting from the granting of this franchise, then Grantees agree to pay and satisfy said judgment before and without said City doing .sir PASSED by the City Commission, first reading on the ,2 ;. day o f .�. �.. .. 19560, PASSED by the City Commission, second reading on the day of 1956w PASSED by the City COMMission, third reading on the day of 0'1__�� , 1956. - H A Y 0 B THE STATE OF TEXAS COUNTY OF jEF,FERSOR � 19 , City Clerk of the City, of Beaumont, Te as, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Commis- sion of the City of Beaumont, T.exas9 on the clay of , 1956, as recorded in Volume .............9 Page ._____�, of the Minutes of Ordinances of the City of Beaumont, Texas,* GIVEN under my hand and seal of the City of Beaumont, Texas, this theday- of 9 1956. City Clerk City of Beaumont, Texas CA 4 a.