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Home My WebLink AboutORD 63-Yot I.: - , . 'r AN ORDINANCE ENTITLED AN ORDINANCE GRANTING TO GULF COLORADO AND SANTA FE RAILWAY COMPANY'A FRANCHIaE RIGHT TO LAYS BUILD CONSTRUCT, MAINTAIN AND OPERATE AN STREET NLMcFADDIN'�S� FIRS ADON DITION TO THE CACROSS ITY OF BEAUMONT IN ACCORDANCE WITH EXHIBITS; PROVID- ING 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 E)ZIBITS, AND REQUIR- ING SUCH OTHER DRAINAGE FACILITIES AND WORK TO BE DONE AS THE CITY ENGINEERS MAY DIRECT; REQUIRING ACCEPTANCE BY -GRANTEE WITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL; PRESCRIBING FEE -TO BE PAID AND DESIGNATING WHEN THE SAME. SHALL BE PAID AND SETTING FORTH'FORFEITURE PROVISION; MAKING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NOW IN FORCE AND HEREAFTER TO BE ENACTED OR ADOPTED; PROVIDING FORFEITURE FOR FAILURE TO USE:, MAINTAIN OR OPERATE FCR A PERIOD OF SIX (6) MONTHS.; PRESCRIBING EFFECTIVE DATE AND DURATION OF.SAID FRANCHISE; -PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE. UPON SUCH CANCELLA- TION, TO REMOVE RAILS TIES aTHER CONSTRUCTION OR MATERIALS WITHIN NHNETY ?90) DAYS AFTER TERMI- NATION, AND RESTORE SAID STREET TO SUBSTANTIALLY. THE CONDITION:: IN WHICH IT WAS AT THE TIME SAID TRACK WAS CONSTRUCTED, AND PROVIDING INDEMNITY CLAUSES. BE IT ORDAINED BY.THE-.CITY OF BEAUMONT: Section 1. That the Gulf,_Colorado and Santa 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 Jirou Street, as shown by red line on m p°r- attached and made a part hereof and designated as "Exhibit A", the centerline of said track bung described as follows: "Said centerline turns out of said Railway Company's present industry track No. 65 which runs along the centerline of Jirou Street, at a point approximately 57 feet North of the.North.line of Long Avenue and runs thence Northeasterly on a curve to the right crossing the Easterly one-half of said Hrou Street and enters said Rail- way Company's property in Lot 6, Block 2 of McFaddin's First Addition at a point approx-. imately, 25 . feet' North of the Southwest. corner of said Lot 61'which is also the Easterly line of said Jirou Street." Section gig. The track to .be laid, built, constructed, maintained and operated under this ordinance shall be used only as an in- dustrial track, that is for loading unloading and switchin facilities to commercial and industri-al .enterprises not 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 a public street of the City of Beaumont, and provided further that all engines and cars operated over said public street shall be operated thereover in'such a manner as not to unreasonably interfere with public traffic upon and along, or across said street -or- any portion -thereof, and -except in so far as is reasonably necessary in the movement and ha""A ing of cars on said street, same shall be -kept clear. Section 3. The Gulf, Colorado and Santa .Fe Railway..Company shall, at its own expense lay, build, construct, maintain and operate said railroad traci-and adjacent areas herein involved, in accordance -with the charter and ordinances of the City.of.Beau- mont now enacted 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 Com- pany 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 direc- tion of the City Engineer. sectio 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 stun of Twenty-five ($25.00) Dollars, and in addition thereto shall pay to the City annually and in advance on - the first day of the sum of Twenty-five $25.00) Dollars per annum so to 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. .. 2 .. 7M-6.1IS-4- Section 5. 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. Section 6. 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 7. 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 street herein involved, all rails, ties and other con- struction material, and restore said street to substantially the condition in which it was at the time the said track was con- structed;.or if said street has been substantially changed since the time said track was constructed, then said street shall be restored in keeping with the general condition of the street in the blocks affected. Section 8. Grantee shall indemnify, save and hold the City of Beaumont 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 railroad track, or the failure ok the said grantee to do and perform any of the same, or in any manner grow- ing 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 rail- road track, or .the faRu:re 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, then grantee agrees to pay and satisfy said judgment before and without said City doing,so -3- cod- 63Y � - 6, 1.9S`El PASSED by the City Council, this the day of V?"",- 1954. - M A Y 0 R - I2 2 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 1954. GIVEN UNDER MY HAND AND SEAL OF THE CITY OF BEAUMONTI this the day of 1954. City Clerk -4- P49 01 l )A4 a/1 6u o 7 o'ati��o,�, d of _�� Z ao o '9 ry0 �\ o'ir 1 ' { I b a.rd fiat W sd �' , , 1 t- gCp M �O �2 �l co i 6 � 1 i i 1 t EX 141BI T ,A To Ordinance From Cl r)'- OF AEAUMOAlrp TEXAS ro GULF, COLORADO AND 9,1NT,4 FE R,41Z4Y,4Y COrL1PANY Foy Frornch,,se Ri9h1s f'o.- Trock Across Jirou 51ree1 Al ,82aUM on f , , &17ers017 Counfy T &xos C. E. o OAG vcs ro Al , TEXAS !NA Y 28, /954 SC.4 L E : / " _ /00 C. E. G. No. C - 2 / - 2 0969 /clanhlieod by :4r, I�z3t= A�oTro vc�d AOR CN/t'F EN611VCER GALVESTCXI y TEXAS, July 13s 1954 To the Honorable Mayor and City Council of the C IT I OF BEAUI1i0N0T s TEXAS The GULF1 COLORADO AND SANTA FE RAILWAY C%JPANY hereby signifies and files in writing its acceptance of an ordinance passed by your honorable body on the 6th day of Julys 1954: 8 AN ORDINANCE ENTITLED AN ORDINANCE GRANTING TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY A FRANCHISE RIGIV TO LAY, BUILD, CONSTRUCT, MAINTAIN AND OPERATE AN INDUSTRIAL TRACK IN UPON OVER AND ACROSS JIROU STREET IN McFADDINIS FIRST ADDITION TO THE CITY OF BEAUTAONT IN ACCORDANCE WITH EXHIBITS; PROVID11Z 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 AND WORK TO BE DONE AS THE CITY ENGINEERS 14AY DIRECT; REQUIRIAr, ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNATING WHEN THE SAME SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION; MAKING SAID FRAN- CHISE SUBJECT TO TIM, CHARTER AND ORDINANCES OF THE CITY NOW IN FORDE 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 DURATION OF SAID FRANCHISE; PRO- VIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH. CANCELLATION � TO REMOVE RAILS, T1ES � OTHER CONSTRUCTION OR MATERIALS WITHIN NINETY (90) DAYS AFTER TERMINATION, AND RESTORE SAID STRUT TO SUBSTANTIALLY THE CONDITION IN WHICH IT WAS AT THE TIME SAID TRACK WAS CONSTRUCTED, AND PROVIDING I1�TMPiTITY CLAUSES . st GULF COLO 0 S TA FE RAILWAY C ON9PANY By Its Land and,Tax Comi:ssioner Gulf, Colorado and Santa Fe Railway Company G. 19.R, LAND AND TAX DEPARTMENT Landd and and Tax Commissioner S. A. WRIGHT, Asst. Land and Tax Commissinner T. J. MAGE, Tax Investigator O. W. MURPHY, Galveston, Texas, Tax Investigator July 13, 1954 Mr. Jas. T. Garrard City Clerk Beaumont., Texas Dear Sir: I hand you written acceptance by Gulf, Colorado and Santa Fe Railway Company of ordinance passed by the City Coa_ncil of Beaumont on July 61 1954, granting certain trackage rights over and across Jirou Street in McFaddin's first addition, Beaumont. Please acknowledge receipt on the attached copy of this letter. js Encl . 7� Yours truly, c Land & Tax Commissioner 6TY CLERK i,U. ;.:%1, , TEXAS