HomeMy WebLinkAboutORD 77-82r
ORDINANCE 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. 72 IN, ALONG, UPON, OVER AND ACROSS MAGNOLIA,
LONG AND GRAND AVENUES, WILLOW; PEARL AND PINE STREETS,
AND A PUBLIC ROAD OR STREET LEADING TO THE CITY DUMP,
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND
THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS
INDUSTRY LEAD TRACK N0.:85 IN, ALONG, UPON,.OVER AND
ACROSS GILBERT STREET, HOLMES AVENUE, MILAM STREET,
ARCHIE.AVENUE, FRANKLIN, BLANCHETTE, NECHES AND MAIN
STREETS, IN SAID CITY, ALL IN ACCORD WITH EXHIBIT
ATTACHED HERETO; PROVIDING.THAT SAID TRACKS SHALL BE
USED ONLY FOR THE:P,URPOSE OF LOADING, UNLOADING AND
SWITCHING. TO INDUSTRIAL TRACKS SERVING COMMERCIAL
AND INDUSTRIAL ENTER -PRISES;; PROVIDING REGULATIONS
AND RESTRICTIONS.FOR.THE USE OF SAID TRACKS; 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 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 BEAUMONT
AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE
TRACKS FRANCHISED.HEREUNDER; PROVIDING FOR TERMINATION
OF THIS FRANCHISE ON JUNE -24,-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 is .hereby
granted.the right, franchise and privilege to maintain and operate:at.i.ts
own expense, its industry.lead Tracks Nos..72'and.85.in, .along" upon,.over
and across .the aforementioned.streets.,.avenues, and/or .public roads., .the
center line.of the said Tracks Nos. 72 and.85.being.described as follows:
Track NO. -72 .
. The center line of said Track No. '72 enters.the
.west line.of Magnolia.Avenu.e_at said .Company's. Track
.Chaining. Station -32 + 72.3; thence.in an easterly and
.southeasterly direction .over .and.across Magnolia. Avenue,
in, upon.and.along Long.Avenue,.over and across Grand
Avenue, Willow,.Pearl.and Pi.ne.Streets, and .over and
across a.public.road or.street.leading.to the City Dump
.in. said City, to a.point.where said track.leaves said
.public.road or street and enters private property .at
. said Company's Track.Chaining.Station 51 +78.6.
Track. NO" '85
First:
.The.center line of said Track.No..85 enters the
west line of Gilbert. Streetat a. point,120.feet, more.
or.less.,.north,of the north- line.of Railroad Avenue,
9 i 1 •
said.point.being.at-approximately Track Chaining
Station 0 +.75; thence in a.general easterly and
northeasterly direction, over and.across Gilbert
Street, Holmes Avenue, Milam Street, Archie.Avenue,
and Franklin Street; in, upon and along'Blanchette
Street; over and .across .Neches.to a.point 100.0 _feet,
more or.less, west of the west 1ine.of Park .Street,
at approximately Track Chaining Station 28 +.50; -
Second: 50;
Second:
The .center line of said Track. No..85.enters.the
southeasterly line of Blanchette.Street,.at a.point
107.5.feet, more or.less; southwesterly from.the
southeasterly extension,of.the .northeasterly line of
Main Street;.thence in a northeasterly direction a
distance of 110 .feet, more or.less,.to a.point.in-the
northeasterly line of Main.Street,.located 24.0 .feet,
more or -less, northwesterly from its intersection with
the -southeasterly -line of.Blanchette.Street.
The locations of said Tracks.Nos.•72 and:85 are
as.shown by red -lines on print AGM -E Aiaarillo,.No.
C=22=22416 B dated May.25, 1977,.hereto.attached,
marked "Exhibit A10, 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.turni.n.g.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.s.hall 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.pub.li.c.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: movementand handling of
cars on said .street, same..shall.be.kept.clear..
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-
- 2 -
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 franchiseherein granted, as shall
in.the opinion of .the City Engineer be desirable. All street work pro-
vided for.herein shall be,done,under the
ro-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.
,.The.foregoing rights and privileges are granted upon.the
expresscondition that the Grantee shall, within .thirty (30) days,after
the passage and approval.of.this ordinance, file with .the.Clerk.of.the
Ci.ty,of.Beaumout.its writtenacceptance.hereof,.and upon .further .condi-
tion -.that the
ondi-tion-.that.the Grantee .shall pay .to.the City of.Beaumont upon. acceptance
..hereof, the.sum,of ONE HUNDRED AND N0/100 DOLLARS,($100:00)..per annum
so long.as.this ordinance.shall remain in .full force and effect, .the
payment.to.be�made upon acceptance as.aforesai& 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.
Section 5.
..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.
If..The.Atchinson,.Topeka and Santa .Fe Railway.CoAtpany.shall
fail:to.use, maintain and/or operate said track.for.any.period.of six
(6) months, .this ordinance.shall.become:inull.and-void:and:fully.termi-
nated.
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Section 7.
This ordinance shall go into force and effect for a.period
of five.(5) years from and after the -24th day of .June, 1977, and this
franchise shall terminate on June 24, 1982, 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 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.
- 4 -
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 J_Jday of L,
192.
- Mayor -
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EX14/BI T A
TO ORDIAJANC£ FROM
To
TOPEKA AND SANTA fE RAILWAY COMPANY
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