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AN ORDINANCE
2Y' J�ENTITLED AN ORDINANCE GRANTING THE GULF AND INTER-
uSTATE RAILWAY COMPANY OF TEXAS A FRANCHISE RIGHT
• TO MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK
OVER AND ACROSS BOWIE STREET TO SERVE THE JOSEY-
MILLER COMPANY IN THE, CITY OF BEAUMONT IN
ACCOR-DANCE WITH EXHIBIT; PROVIDING ALSO THAT SAID TRACK
IS AND SHALL BE USED ONLY AS AN INDUSTRIAL SPUR
TRACK- PROVIDING FORFEITURE FOR FAILURE TO USE,
MAINRIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS;
PROVIDING CANCELLATION CLAUSES AND REQUIRING
GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS,
TIES AND OTHER CONSTRUCTION OR MATERIALS WITHIN
NINETY (90) DAYS AFTER TERMINATION AND THE PLACING
OF SUCH PROPERTIES AND STREETS IN FIRST CLASS
CONDITION• AND PROVIDING FURTHER THAT THE RIGHTS
AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED
IN WRITING BY THE GULF AND INTER -STATE RAILWAY
COMPANY OF TEXAS WITHIN THIRTY (30) DAYS AFTER THE
PASSAGE AND APPROVAL OF THIS ORDINANCE• ALSO PRO-
VIDING THAT THE GULF AND INTER -STATE iUILWAY
COMPANY OF TEXAS SHALL PAY TO THE CITY OF BEAUMONT
ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR THE
SUM OF FIFTY AND N0/100 ($50.00) DOLLARS AS REASON-
ABLE COMPENSATION FOR THE PRIVILEGE AND FRANCHISE
HEREBY GRANTED, AND PROVIDING FURTHER THAT THE
FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CON-
DITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT
AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS
FROM AND AFTER MARCH 14TH, 1957.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
The Gulf and Inter -State Railway Company of Texas, its
successors, assigns and lessees, is hereby granted the right and
franchise to maintain and operate at its own expense a standard gauge
industrial railroad spur track over and across Bowie Street, to
serve the Josey -Miller Company, as shown by the red line on map
hereto attached and made a part hereof and designated "Exhibit A",
the centerline of said track being described as follows:
Beginning at a point in the northwesterly
line of Bowie Street said point being sixty-two
and two-tenths (62.23 feet southwesterly from the
northeasterly corner of Block Number Fifty-five
(55), Van Wormer Addition to the City of Beaumont -;-
thence along the centerline of proposed Texas
Industry Track Number Five (5), Gulf and Inter -
State Railway Company of Texas, in a southeasterly
direction along a curve of twenty-three degrees
twenty-five minutes (230 251) to the right, for a
distance of thirteen (13) feet to the end of said
- 1 -
curve; thence continuing southeas.terly on tangent
along said centerline, crossing the centerline of
Bowie Street on an angle of seventy-seven degrees
forty-two minutes (770 421), a distance of forty-
three and seven tenths (43.7) feet to the begin-
ning of an eleven degree fifty-eight minute (110
581) curve to the right in said centerline; thence
continuing on an eleven degree fifty-eight minute
(110 581) curve to the right a distance of six
feet to a point where said centerline crosses the
southeasterly line of Bowie Street forty-nine and
three tenths (49.3) feet southwesterly from the
northwesterly corner of Block Number Fifty-six (56)
of said Van Wormer Addition.
Section 2.
The track now on said right of -way which is to be main-
tained and operated under the terms and conditions of this ordinance,
shall be used only as an -,industrial spur track; that is, for the
purpose of affording 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, provided that
no engines or cars of any kind shall be allowed to stand on any por-
tion of said track located upon the property of the City of Beaumont
or located within a public street of the City of Beaumont, and,
provided further, that all engines and cars operated over said public
streets shall be operated thereover in such manner as not to un-
reasonably interfere with public traffic upon and along or 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 �.
The foregoing rights and privileges are granted upon the
expressed condition that the said grantee shall, within thirty (30)
days after the passage and approval of this ordinance, file with the
City Clerk of the City of Beaumont its written acceptance of this
ordinance.
- 2 -
Section 4.
If The Gulf and Inter -State Railway Company of Texas shall
fail to use, maintain and operate said track for any period of six
months this ordinance shall become null and void and fully terminated.
Section 5,
This ordinance and the rights and privileges therein
granted are subject to all of the terms and provisions of the
Charter of the City of Beaumont, and said privileges and franchise
hereby granted shall continue in force for a period of ten (10)
years from and after the 14th day of March, 1957, unless sooner
terminated as provided herein, provided that the City of Beaumont
may cancel this franchise at any time that the City of Beaumont
desires to use that portion of its properties involved in this
franchise upon six (6) months notice in writing given to grantee
by grantor of its intention to cancel same, and provided.further
that the City of Beaumont may, in furtherance of the plans and
recommendations of the City Planning Commission, or the City
Planning and Zoning Commission of the City of Beaumont,.cancel the
franchise herein granted upon like notice to grantee as aforesaid.
Upon the termination of this franchise for any reason grantee shall
within ninety (90) days thereafter remove from the properties and
streets involved herein, all rails, ties and other construction or
materials and place such properties and streets in first class
condition.
Section 6.
As reasonable compensation for the rights and privileges
granted by this ordinance, grantee agrees and obligates itself and
its successors, assigns and lessees, to pay to the City of Beaumont
on or before the first day of July of each year after the taking
effect of this ordinance, the sum of Fifty and No/100 Dollars ($50.00).
- 3 -
PASSED by the City Council, this the 23rd day of
April , 1957.
9 A
- rl x i v n -
I, ,-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 in session held ,
1957.
GIVEN UNDER MY HAND AND SEAL OF THE CITY OF BEAUMONT,
this the day of
1957.
City Clerk
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BEAUMON, JEFFERSON COUNTY, TEXAS
G,C a, 0A1-VE5TOIYTEXAS, FEBRUARY 28,1957 .
SCALE l•- /00'
CE.G. N° C-22-22022•
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TO ORDINANCE FROM
CITYOF BEA UMON T, TEXAS
TO
THE GULFANOlNTERSTATE,.eq/LWgYCOMPAJYYoFTEX.9J
FOR
FRANCH/SF.R/GMTS FOR INDU5Ti4Y TRACK
AT
BEAUMON, JEFFERSON COUNTY, TEXAS
G,C a, 0A1-VE5TOIYTEXAS, FEBRUARY 28,1957 .
SCALE l•- /00'
CE.G. N° C-22-22022•
APPROVED: /DENT/F/ED BY
__ FOR CHIEF ENGINEER i