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Home My WebLink AboutORD 77-41ORDINANCE NO. 77-3 / AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES; THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE INDUSTRIAL SPUR TRACK NO. -.5 FROM A POINT IN THE SOUTHEASTERLY LINE OF BLOCK NO. 55 OF THE VAN WORMER ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN, OVER, UPON AND ACROSS BOWIE STREET TO THE NORTHWESTERLY LINE OF BLOCK 56 OF THE SAID VAN WORMER ADDITION, IN ACCORD -WITH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PUR= POSE OF LOADING, UNLOADING, AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL ENTERPRISES; PROVIDING REGULA- TIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PRO- VIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORD- ANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPT- ANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE 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 THE TERMINATION OF THIS FRANCHISE ON MARCH 15, 1982 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: SECTION 1. That'.The Atchison, Topeka and Santa Fe Railway Company, its successors 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 street, the center line of said industrial spur track No. 5 being described as follows: Said .center line enters the northwesterly line of Bowie Street -at a point -62.2 feet southwesterly from the east corner of Block No...55 of the Van Wormer Addition to the City of Beaumont, as measured along said block's southeasterly line; thence south- easterly and'on a curve to the right a distance of 13 feet, more or less, to point of tangency; thence con- tinuing.southeasterly crossing the center line of Bowie Street on an angle of 77°_42',.a distance of '43.7 -.feet, more or less, to the beginning of a curve to the right; thence continuing southeasterly on said 41/ 11,J141 curve a distance of 6.0 feet, more or less, to the southeasterly line of Bowie Street located 49.3 . feet southwesterly from the north corner of Block No. 56 of said Van Wormer Addition. The location of said track is as shown by red line on print AGM -E No. E-5-26167 dated.January:17, 1977, hereto attached, marked "Exhibit A", and made a part of this ordinance. 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 reasonably 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 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- - 2 - 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 hereof, the sum of Fifty and No/100 Dollars ($50.00) per annum so long 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. c,.,;,.;,.,.. C This franchise is granted subject to all of the provisions of the .Charter and Ordinances of .the City of.B.eaumont now in effect or -hereafter to.be'adopted or enacted. 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. Section. T. This ordinance shall go into force and effect for a period of f ive.(5) years from and.after the:15th day of March, 1977, and this franchise.shall.terminate on March 15, 1982, unless sooner terminated as provided -herein, provided that the City of .Beaumont may cancel this L=M 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 further- ance 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 respective streets in the nearby vicinity. Section 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 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.othex Railway Companies, -now or - 4 - hereafter having trackage -rights over the track covered hereby or any part'thereof.' PASSED by the City Council, this day of , owl= - Mayor - �!/ T 'u4• �q ry � S�1J� S �1 1 . • F a20.1 HB N O. I,.lip f B TrIMNo.71= { 4t A HMIR -h87.7 B 1?a-9° Lf 14+98-101 Gas" I ne, II ♦; r x - •'� i ,�+ 'N�,� I3 � t r ygrrppyy o �.:ao Al . 1 CQ �� ": • r t t , NO :13 J KyV}'r`�} P y,4 k •.A • _ ,- F4,. .- P '. •� B .K�..-JJ,�+ L _ �. T j 1. - �� jifa�l►•v-�. C 3 +�-� .k"' '4,.��, n - Ir ss p.- r.a i �1 `'t�S v , T' �. It's• ` a,r •.�,y ' 'tt' EXHIBIT A1� 114k_ ATTACHED TO A FRANCHISE FROM _ CITY OF BEAUMONT TO 54— THE A. T. & S. F. RY• CO. of 0 FOR { : �'� : {3 ` # �`�� ` ^R ® TRACK NO.5 IN BOWIE STREET , A T {�r ; '- BEAUMONT, JEFFERSON COUNTY, TEXAS Amarillo, Texas January 17,1977 Scale 1 fr 1� 1001 ? F ° ♦r �q L-5-26167 e , gal I >: 4 .iFiiijW . . NO: Z-7 44` M: I f tS • -��L •i -1 • t 1 . i�` 3 . NO.I. �, NO . Z. . Trk. No: 4 I is 981.2 .... _ I.�.J .I --- 5 RK"•NO.� 444 r _—• r k• I401 0. 4f 10 .21 • ..:- :fir �, 3 ' 4 �� ": • r t t , NO :13 J KyV}'r`�} P y,4 k •.A • _ ,- F4,. .- P '. •� B .K�..-JJ,�+ L _ �. T j 1. - �� jifa�l►•v-�. C 3 +�-� .k"' '4,.��, n - Ir ss p.- r.a i �1 `'t�S v , T' �. It's• ` a,r •.�,y ' 'tt' EXHIBIT A1� 114k_ ATTACHED TO A FRANCHISE FROM _ CITY OF BEAUMONT TO 54— THE A. T. & S. F. RY• CO. of 0 FOR { : �'� : {3 ` # �`�� ` ^R ® TRACK NO.5 IN BOWIE STREET , A T {�r ; '- BEAUMONT, JEFFERSON COUNTY, TEXAS Amarillo, Texas January 17,1977 Scale 1 fr 1� 1001 ? F ° ♦r �q L-5-26167 e