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Home My WebLink AboutORD 74-44ORDINANCE NO. 74:44. �i hs_�r m,• „ r� tis YP -,^\ .r.g7 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 85 FROM A POINT IN THE SOUTHEASTERLY LINE OF BLANCHETTE STREET TO A POINT IN THE NORTHEASTERLY LINE OF MAIN STREET AT A DISTANCE OF 110 FEET, MORE OR LESS, IN, OVER AND ACROSS SAID STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO: PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL ENTERPRISES; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIREC- TION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPT- ANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRAN- CHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 24, 1975 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: QV0TTnTT 1 That The Atchison, Topeka and Santa Fe Railway Company, its suc- cessors and assigns, is hereby granted the right, franchise and privi- lege to maintain and operate, at its own expense, its standard gauge industry track in, along, upon, over and across the aforementioned streets, the center line of the said Track No. 85, being described as follows: Beginning at a point in the southeasterly prop- erty line of Blanchette Street, distant 107.5 feet, more or less, southwesterly from its point of inter- section with the northeasterly line of Main Street; thence in a northeasterly direction a distance of 110 feet, more or less, to a point in the northeast- erly line of Main Street, distant 24 feet, more or less, northwesterly from its intersection with the southeasterly line of Blanchette Street. The location of said Track No. 85 is as shown by red line on print C.E.O. Amarillo, CEA No. C-24-24905 dated July 9, 1970, hereto attached, marked "Exhibit A", and made a part of this ordinance. -7 Section 2 The track to be maintained and operated under this ordinance shall be used only for the purpose of loading,'unloading and/or switching to industrial tracks turning out of said track serving commercial and industrial enterprises now or hereafter located in -the vicinity of said track. The grantee shall have the right to operate engines, trains and cars over said track so as to further the interest for which this grant is given, provided that no engines, trains 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, trains and cars operated over said public street shall be operated there -over in such a manner as not to unreasonably interfere with public traffic in, upon, along, over and across said street or any portion thereof,and except insofar as is reason- ably necessary in the movement and handling of cars on said street, same shall be kept clear. Section 3. The Atchison, Topeka and Santa Fe Railway Company shall, at its own expense, maintain and operate said railroad track in accordance with the Charter and Ordi- nances of the City of Beaumont, now enacted or hereafter to be enacted. Further- more, said Railway Company shall maintain such drainage facilities and do such other work 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 En- gineer, and Grantee shall maintain said railroad track at the same grade or level as the established grade or level of the respective street, so as not in anyway to obstruct the use of said street by the public. Section 4. The foregoing rights and privileges are granted upon the express condition that 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 accept- ance hereof, and upon further condition that the Grantee shall pay to the City of Beaumont upon acceptance.hereof, the sum of Fifty and No/100'Dollars ($50.00), the payment to be made upon acceptance as aforesaid to constitute payment for the term of this franchise. If such sum be not paid when due and if default in pay- - 2 - V_ ment thereof continues for thirty (30) days thereafter, the rights and privileges herein granted shall cease and terminate. Continn ri This franchise is granted subject to all of the provisions of the Charter and Ordinances of the City of Beaumont now in effect or hereafter to be adopted or en- acted. Coni-; nn N If The Atchinson, Topeka and Santa Fe Railway Company shall fail to use, main- tain and/or 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 for a period of 1 year from and after the 25 day of June, 1974, and this franchise shall terminate on June 24, 1975, unless sooner terminated as provided herein, provided that the City of Beaumont may cancel this franchise at any time that the City of Beau- mont 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 inten- tion to cancel same, and provided further that the City of Beaumont may, in fur- therance 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 street herein involved all rails, ties and other construction material, and place such street in substantially the general condition of the re- spective street in the nearby vicinity. Grantee shall indemnify, save and hold harmless the City of Beaumont from any and all liabilities, claims, judgments, damages, costs and expenses whatsoever grow- ing out of or resulting in anyway from the use, 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 fran- chise, and should any judgment be rendered against said City for any cause growing - 3 - out of or resulting in any manner from the use, 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 fran- chise, then Grantee agrees to pay and satisfy said judgment before and without said City's doing so. Section 9. The term "Grantee" as used in this ordinance shall be construed to include said The Atchison, Topeka and Santa Fe Railway Company, its successors, assigns, lessees and other Railway Companies, now or hereafter having trackage rights over the track covered hereby, or any part thereof. PASSED by the City Council, this day of d, - Mayor - 0 - 4 - '0 00000000,1IF:7. IRV (a 43 7 In rG° �z 16 RK 4 p A� N t. .5 PAO 82 24 H B Mmwr aN ack of Curb. t% e+-92 Prope y L!ne 4, CITY T L 01 61.11 ire E EARL" Cb • 6 TO ORDINANCE OF 0R is C.ITY,OF BEAUMONVEXAS, Granting to THE • ATCHISONJOANA. AN SANTA FE RAILWA Y COMPANY - S "7 ST,' C+32- `5 Franchise. r ghts for tracks in - Main and Blanchette Stree.0 in'the City of Beaumont Te'xos"-" 'C -E0 Amorillo, Texas Scale:l"VIOV r- J u.11 _?3A&nK1970 z,;'