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Home My WebLink AboutORD 75-1ENT-ITLED AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCES- SORS, ASSIGNS AND LESSEES, THE -RIGHT AND PRIVI- LEGE.'TO.MAINTAIN AND OPERATE AN INDUSTRY SPUR TRACK NO. 90 ACROSS.BLANCHETTE STREET -AND NECHES STREET 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 TRACK SERVING COMMERCIAL ENTERPRISE; 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__ ''WOR K-SHALL'.BE DONE AT -THE DIRECTION OF -THE CITY ...ENGINEER; PROVIDING FOR.THE ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAU- MONT AND PROVIDING FOR TERMINATION FOR -FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JANUARY 1, 1976, AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFI'-'': CATION OF THE.CITY OF BEAUMONT. BE IT ORDAINED'BY THE CITY OF BEAUMONT: THAT the 'Atchison, Topeka -:'and Santa Fe Railway Company, its successors and assigns,:. is'hereby.granted-the right, .franchise and privilege to maintain and operate., at its own expense, its standard gauge industry track in,'along, upon, over'and across the aforementioned street, th.e center line of the. „said track No. ,'90.,. being desc-ribed as follows Said center line turns out'of the Atchison,' Topeka and Santa Fe Railway Company's track 85 in Blanchette Street near the -intersection of said track 85 and the north line of B1ah- chette Street, thence extending in an easterly direction- across.said Blanchette Street and Neche.s Street 215.0 feet, more or less, to the intersection of the easterly line of Neches Street and the'southerly line of Blanchette Street: The location of said. Track._No. 9,0 is as shown by red line on print AGM_ -E Amarillo - No. E-3-25535 _dated December 4, 1973) hereto attached, marked "Exhibit- All, and made 'a part.,of-this .ordinance. 1 7, Lit 7-S' shall be''.used only ,for th'e`,purpose. `of loading,, unloading and/or switch- ing to industrial -tracks turning , out.. of s aid . 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, 'Rind shall -be allowed to .stand -on'. any .portion of 'said track located, within a public street of the City': o,f Beaumont; and.:p.rovided- further, that all engines; trains. and cars.op.e.rated 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 the.reof;..and.except insofar as is reasonably necessary in, the movement and..handa,ing of cars on ,said street, same .shall be kept clear.. The Atchison, Topeka and�Santa Fe Railway-Coinpany.shall, at its own expense, maintain''_and operate said.railroad track in accordance with.th6 Charter and Ordinances.of the City;of Beaumont, now enacted or,., hereafter to be''en.acted."'Furthermore, said Railway.Company shall main- tain such drainage facilities and, -do such other work at the direction. of the C ty, ngine.er, in' connectio.n'.with the'franchise herein granted, ..as, shall in the.opinion of the City Engineer. _be desi-rable. Allstreet work .provided for herein shall be done under. the direction of the City Eng ineer;''and'Grantee shall. maintain said 'railroad' track at the same` grade or.l'eve.l as the established grade or level of therespective street; so as ,not` in .anyway to obstruct the' use of said street by: the public. Section 4. The .foregoing rights` arid,,pr.iv-ileg.es are granted upon the express condition that the Grantee= shall.; within thirty (30), days after. the pas- s.age and; approval"o f .this, ordinance, file with the. Clerk of the City of . Beaumont its-.writteh acceptance 'hereof and upon further condition that _2" the Grantee. shal"1. pay to. he .City; of Beaumont, upon-' acceptance. hereof, and upon-:fuirther.conditi.oin that the. Grantee -shall pay to thea. City of Beaumont .upon acceptance- hereof; . the sum of -Fifty and No/100 ($50.00) Dollars pe,r annum so -'long-: as.this. ordinance shall. -remain in full. force Wand effect., the payment to _b e; made, upon',acceptance as aforesaid to. constitute' -payment' for. the '.fi-rst year 'or part -.thereof" remaining: when this ordinance shall becoine;.''effective.. I,f -such -sums. be: not paid when due and if default in payment thereof,. continues -'for. thirty..( -30.) days thereafter,• 'therights and -.privileges herein granted' shall .cease and terminate: '`Section`'.5..' This franchise is granted -sub3'e_ct :to all of'.the provisions of the Charter and Ordinances of the City of -Beaumont nowin effect or hereafter' -to be adopted or -enacted:. Secti.oii 6'..,-. IfFthe-Atchinson, Topeka: and Sarita°Fe Railway Company shall* 5 fail to use; maintain and/.or operate said track .for any .period of six (6) months this ordinance; `s'hall'become null and.'void and fully termi- nated. Section.. 7. This' ordinance sha'1=:,'go into., force -.and effect from and-. afte,r' the 24.th';day of February; 1974, and this, franchise shall- term nate 'on Januar 1 1976 unless sooner terminated as provided herein provided Y , � P �. 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 in volved - n ..this franchise upon s'ix'. (0) months' notice in writing given to Grantee .by Grantor of, its intention to .cancel same, and.'pro.vided further that the City of B.eaumont,may, in;'furtherance of the';plan§ and recommendations of the City Planning Commission, or, the City Planning and Zoning Commission o,f:.the, City of Beaumont, cancel the franchise herein granted upon like notice, to Grantee as aforesaid... Up --on the termination of this 'franchi se-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 respective street in the nearby vicinity. S'ectiori "8. Grantee shall indemnify, save and hold harmless the City of Beaumont from any and all liabilities, claims, judgments, damages, costs and expenses whatsoever growing out of or resulting in any way 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 out of or resulting .in any manner from the use, mainte- nance 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,'then Grantee agrees to pay and satisfy said judgment before and without said City's doing SO. Sectiori '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 here- after having trackage rights over the track covered hereby, or any part ;thereof. PASSED BY THE CITY COUNCIL of the City of Beaumont this the �� h day of, 197 Wt-