HomeMy WebLinkAboutORD 76-76ORDINANCE NO. �.
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, 1977 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:
CP, r TTnTT 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
les.s, 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.
l%" %w Ito -1-6-76
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 trackserving 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 saidtrack 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 reasonably necessary in the movement and handling of
cars on said .street, same shall be kept clear.
coif -;n" I
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 Ordinances of the City of Beaumont, now enacted or here-
after to be enacted. Furthermore, 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 pro-
vided'for.herein shall be done'under the direction of the City Engineer,
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
any way 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 acceptance hereof, and upon further condi-
tion that the Grantee shall pay to the City of Beaumont upon acceptance
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hereof, the sum of Fifty and N0/100 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-
ment thereof continues for thirty (30) days thereafter, the rights and
privileges herein granted shall cease and terminate.
Ccrf-inn S
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 enacted.
Section 6.
If The Atchinson,.Topeka and Santa Fe Railway Company shall
fail to use, maintain and/or operate said track for any period of six
(6) months, this ordinance shall become null and void and fully:termi-
nated.
Cortin" 7
This ordinance shall go into force and effect for a period
of l.year from and after the 25 day of June, 1976, and this franchise
shall terminate on June -24, 1977, 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 franchiseherein 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 in-
volved all rails, ties and other construction material, and place such
street in substantially the general condition of the .respective .street
in the nearby vicinity.
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`tom °7�-��
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 franchise, and
should any judgment be rendered against said City for any cause growing
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 franchise, then Grantee agrees to pay and
satisfy said judgment before and without said City's doing so.
Section 9.
The.term "Grantee" as is used in this ordinance shall be con-
strued.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 1p -day of Q,
19�.
Mayor -
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