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Home My WebLink AboutORD 31-BBOld, 3 Y8S r i AN ORDINANCE ENTITLED AN ORDINANCE GRANTING GULF, COLO- RADO AND SANTA -FE RAILWAY COMPANY_ AND THE GULF AND INTER -STATE RAILWAY COMPANY -OF. TEXAS A -FRANCHISE RIGHT -TO USE, MAINTAIN AND OPERATE AN.INDUSTRIAL SPUR TRACK ALONG, OVER AND ACRDSS.BONHAM STREET AND AVENUE "A" IN THE CITY OF BEAUMONT IN ACCORDANCE WITH EXHIBIT; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY AS AN .INDUS° TRIAL SPUR TRACK;.PROVIDING FORFEITURE -FOR FAILURE TO USE_MAINTAIN.OR OPERATE FOR A PERIOD OF SIX 16) MONTHS; PROVIDING CANCEL- ATION,CLAUSES AND REQUIRING GRANTEES, UPON SUCH CANCELATION, TO REMOVE RAILS, TIES AND OTHER CONSTRUCTION OR MATERIALS- WITHIN NINETY -(90) DAYS AFTER TERMINATION AND THE PLACING -OF SUCH STREETS IN FIRST CLASS CONDITION; AND -PROVIDING FURTHER THAT THE RIGHTS_AND PRIVILEGES -HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY GULF, COLORADO AND SANTA FE. RAILWAY COMPANY.AND THE GULF AND INTER -STATE RAILWAY COTJTANY . OF- TEXAS - WITHIN THIRTY (30) DAYS AFTER THE PASSAGE AND.APPROVAL OF THIS ORDINANCE; ALSO PRO- VIDING THAT.GULF, COLORAOD AND SANTA FE RAILWAY COMPANY AND THE GULF AND INTER- STATE RAILWAY 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 REASONABLE COMPENSATION FOR THE PRIVILEGE AND. FRANCHISE HEREBY GRANTED, AND PROVID- ING FURTHER THAT THE FRANCHISE SHALL BE SUBJECT, TO THE TERMS AND COI\IDITIONS. OF THE CITY CHARTER OF.THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS FROM..AND.AFTER NOVEMBER.IST, 1957• - BE IT ORDAINED BY THE CITY OF BEAUMONT: Section to That Gulf, Colorado and Santa Fe Railway Company and The Gulf and Inter -State Railway Company of Texas, its and their successors, assigns and lessees, are hereby granted the right and franchise to use, maintain and operate at their .,own -expense., a standard gauge industrial railroad spur track along, over and across Bonham Street and Avenue "A", as shown by the red line - 1 - OL on map hereto attached and made a part hereof and designated "Exhibit A11, the centerline of said track being described as follows: Beginning at a point in the centerline in the present Gulf and Inter -State Railway Company of Texas main track in..Bonham Street, which point.is twelve and five -tenths .(12.5) feet southwesterly from the west line of Avenue "All and thirty-two (32) feet south- easterly.from the north line,of Bonham -Street; Thence in a northerly direction and on a 14'261 curve to the left a distance of 91.81 to a point of tangency; thence on tangent, in. a northerly direction, a distance of 59 feet to a point of curvature; thence in a northerly direction., on a 20°001 curve to the right, a distance of 22.1 feet -to a point in the north line in Bonham.Street, which point is 97.1 feet easterly from the southwest corner of Block Forty (40) of the Van Wormer Addition to the -City of Beaumont, and..at which point the centerline of said industry track leaves Bonham Street. Section 2. The track now on said right of way which is to be maintained 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 switch- ing facilities to commercial and industrial enterprises now located or hereafter to be located in the vicinity of said track. The grantees 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 portion of said track 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 unreasonably interfere with public traffic upon and along or - 2 - ♦ Z ♦ 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 3. The foregoing rights and privileges are granted upon the expressed condition that the said grantees shall, within thirty (30) days after the passage and approval of this ordi- nance, file with the City Clerk of the City of Beaumont its written acceptance of this ordinance. Section 4. If Gulf , Colorado and Santa Fe Railway Company and The Gulf and Inter -State Railway Company of Texas 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 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 1st day of November, 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 grantees by grantor of its intention to cancel same, and provided further that the City of Beaumont may, in furtherance of the plans and - 3 - 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 grantees as aforesaid. Upon the termination of this franchise for any reason, grantees shall within ninety (90) days thereafter re- move from the streets involved herein, all rails, ties and other construction or materials and place such streets in first class condition. Section 6. As reasonable compensation,for the rights and privileges granted by this ordinance, grantees agree and obligate themselves and their 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). PASSED by the City Council, this the 22nd day of October 1957. - M A Y 0 R - 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 in session held October 22 , 1957• GIVEN UNDER MY HAND AND SEAL OF THE CITY OF BEAUMONT, this the 25th day of October , 1957• City Clerk - 4 - v 4 p Z 1 4rx&t. 3 AA 50.8 4 5 I� I t � 1z;1✓ v 4 p Ld 3 t 8 /Y 0 P 1 p 7t7� C 0'r, JE 9Fo -7 z •27 �f�rC �--- - i 3C 4o To O -dl, -7 0,? c e From 14, C/1 01,5e(26/177017 7�' , 7-4:fx a .s . ro Grp/f' j Q/o ro -`o an d Sc a71"Q /e RoIlWo; The c�� n Ing- - �,�'a fe /�Qi/wad`ar,�7 Txc� s Fa /' Fro�chise ,Pi jh,r�s r`oi'li�o�sr�,YToc� Beot��on f Te�fcrso� COU/7 �}% TeXQ s.. D.E: O Go/vesfon, Tek -os. 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