HomeMy WebLinkAboutORD 66-AAKI
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AN ORDINANCE
ENTITLED AN ORDINANCE GRANTING TO GULF, COLORADO
AND SANTA FE RAILWAY COMPANY A FRANCHISE RIGHT TO
LAY, BUILD, CONSTRUCT, MAINTAIN -AND OPERATE AN
INDUSTRIAL TRACK IN,.UPON, OVER AND ACROSS THE
TWENTY (20) FOOT ALLEY RUNNING EAST AND WEST THROUGH
BLOCK 8-OF-_McFADDIN!S FIRST -ADDITION TO THE CITY OF
BEAUMONT IN ACCORDANCE WITH EXHIBITS; PROVIDING
REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID
TRACK; PROVIDING THAT -SUCH WORK BE IN ACCORDANCE
WITH- CHARTER . AND ORDINANCES OF -THE CITY AND IN
ACCORDANCE WITH -EXHIBITS) AND -REQUIRING SUCH.OTHER,
DRAINAGE FACILITIES . AI1TD WORK . TO BE . DONE AS THE CITY
ENGINEERS ,MAY- DIRECT; REQUIRING ACCEPTANCE BY GRANTEE
WITHIN THIRTY (30) DAYS OF.PASSAGE AND APPROVAL; PRE-
SCRIBING.FEE TO BE PAID AND DESIGNATING WHEN THE SAME
SHALL.BE PA ID.AND SETTING FOR TH.FORFEITURE PROVISION;
MAKING_ SAID . FRANCHISE SUBJECT TO _THE CHARTER AND
ORDIRANCES_OF THE.CITY NOW IN FORCE AND HEREAFTER TO
BE -ENACTED OR ADOPTED; PROVIDING FORFEITURE FOR
FAILURE TO USE, MAINTAIN OR -OPERATE FOR A PERIOD OF
SIX (6) MONTHS; PRESCRIBING EFFECTIVE DATE AND DURA-
TION -OF SAID -FRANCHISE; PROVIDING CANCELLATION CLAUSES
AND REQUIRING_GRANTEE, UPON SUCH CANCELLATION, TO
REMOVE RAILS, TIES, OTHER CONSTRUCTION -OR MATERIALS
WITHIN NINETY (90) DAYS AFTER TERMINATION, AND RESTORE
SAID.ALLEY TO SUBSTANTIALLY THE CONDITION IN WHICH IT
WAS_AT_THE TIME SAID TRACK WAS CONSTRUCTED, AND PRO-
VIDING INDEMNITY CLAUSES,
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the Gulf, Colorado and Santq.Fe Railway Company, its
successors and assigns, is hereby granted the right, franchise
and privilege to lay, build, construct, maintain and operate at
its own expense, a standard guage industrial railroad spur track
upon and across the twenty (20) foot alley running East and West
through Block 8 of McFaddin!s First Addition to the City of
Beaumont, as shown by -red line -on map hereto attached and made a
part hereof, and designated as Exhibit "A", the centerline of
said track being described as follows: -
"Said centerline, being an extension of the
centerline of said Railway Company's industry
track No. 68, now existing in Lot 7, Block 8
of McFannin's First Addition, enters the South
line of said 20 foot alley running East and
West through said.Block 8, 10.0 feet East of
the Northwest corner of said Lot 7, Block 8,
and -runs thence Northerly, 20.0 feet to a
point in the North line of said 20 foot alley."
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Section 2.
The track to be laid, built, constructed, maintained 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 hereafter located
in the vicinity of said track. The grantee shall have the right
to operate engines and cars over said track when completed so as
to further the interest 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 track located within said public alley in
the City of Beaumont, and provided further that all engines and
cars operated over said public alley shall be operated thereover
in such a manner as not to unreasonably interfere with natural
traffic upon and along or across said alley or any portion thereof,
and except in so far as is reasonably necessary in the movement and
handling of cars on said alley, same shall be kept clear.
Section 3.
The Gulf, Colorado and Santa Fe Railway Company shall at
its awn expense, lay, build, construct, maintain and operate said
railroad track and adjacent areas herein involved, in accordance
with the charter and ordinances of the'City of Beaumont now en-
acted or hereafter to be enacted, and in accordance with the
exhibits attached hereto and made a part hereof. Furthermore,
the said Gulf, Colorado and Santa Fe Railway Company shall install
such drainage facilities and.do such other work at the time, or at
a later date, 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.
Section �.
The foregoing rights and privileges are granted -upon the
express condition 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 Twenty-five ($25.00)
Dollars, and in addition thereto shall pay to the City annually
and in advance of the first day of July the sum of Twenty-five
($25.00) Dollars 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 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.
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Section 5.
This franchise is granted subject to
of the charter and ordinances of the City of
effect or hereafter to be adopted or enacted.
Section 6.
all the provisions
Beaumont now in
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If the Gulf, Colorado and Santa Fe Railway Company 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.
Section %.
This ordinance shall go into force and effect ten (10)
days after its adoption and approval and shall continue for a_
period of ten (10) years thereafter, unless sooner terminated
as provided herein, provided that the.City of Beaumont may, in
furtherance of the plans or recommendations of -the City Planning
Commission or the City Planning and Zoning Commission of the
City of Beaumont, 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 for any
reason, grantee shall within ninety (90) days thereafter remove
from the alley herein involved, all rails, ties and other con-
struction material, and restore said alley to substantially the
condition in which it was at the time the said track was con-
structed; or if said alley has been substantially changed since
the time said track was constructed, then said alley shall be
restored in keeping with the general condition of the alley in
the blocks affected.
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 vrowing out of
or resulting in any way from the laying, building, construction,
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 be rendered against said city
for any cause growing out of or resulting in any manner from the
laying, building, construction, 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 re-
sulting from the granting of this franchise, then grantee agrees
to pay and satisfy said judgment before and without said city
doing so.
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PASSED by the City Council, this the 8th day of
January , 195 ? •
-NIA Y 0 R -
City Clerk of the City
of Beaumont, Texas, do hereby certify that the above and fore-
going is a true and correct copy of an ordinance passed by the
City Council of the City of Beaumont in session held
' 195
GIVEN UNDER IVIY HAND AND SEAL OF THE CITY OF BEAUMONT,
this the day of , 195
City Clerk
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1_71' ?0017_)ON
EX/NISIT 'A go
-To Ordinance From
CITY OF BEAUMONT, TEXA5
TO
Gu/f, color-odo .13nd ja'nta 1,-e Railway Componv
FOR
Franchisc Rights For lndusfry Track
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/'I�lc9DilN'
1_71' ?0017_)ON
EX/NISIT 'A go
-To Ordinance From
CITY OF BEAUMONT, TEXA5
TO
Gu/f, color-odo .13nd ja'nta 1,-e Railway Componv
FOR
Franchisc Rights For lndusfry Track
A�
f eourno/7 f, .T P f'fe rs o n Cour) fy, Teras
CZ -0, Galveston, TeX as , November 13, f 956
.Scor /e / "=/00
�1,opio wed.-
fo r GhieFL`q 9inee r
10(er)11/7 ed by:
C-1 -21929
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