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Home My WebLink AboutORD 16-RAN ORDINANCE -\ Ij AN ORDINANCE GRANTING TO THE GULF AND INTERSTATE RAIL- WAY COMPANY OF TEXAS THE RIGHT TO LAY, BUILD, CONSTRUCT, MAINTAIN AND OPERATE AN INDUSTRIAL SPUR .TRACK OVER CERTAIN PROPERTIES OF THE CITY OF BEATa11ONT AND OVER AND ACROSS BOWIE STREET TO SERVE THE JOSEY-MILLER COI52PANY IN THE CITY OF BEAUMONT IN ACCORDANCE WITH XHE IBITS;_Pf.O- VIDING REGULATIONS AND RESTRICTIONS FOR THE USE -OF SAID TRACK; PROVIDING THAT SUCH. WORK BE DONE IN ACCORDANCE WITH THE CHARTER AND.ORDINANCES OF THE CITY, AND UNDER TI3E DIRECTION.AND SUPERVISION OF THE CITY.ENGINEER OF THE CITY OF BEAUI4ONT .Aff- D REQUIRING SUCH OTHER DRAINAGE FACILI- TIES AND WORK TO BE DONE AS THE CITY ENGINEER I0AY DIRECT; REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY (30).DAYS. AFTER PASSAGE AND APPROVAL;.PRESCRIBING FEE.TO BE -PAID AND DESIGNATING WHEN SANE SHALL BE -PAID AND SETTING FORTH FORFEITURE PROVISIONS; MAKING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NOW IN FORCE -OR HEREAFTER TO BE ENACTED OR ADOPTED;.PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN-OR,OPERATE FOR A PERIOD, OF SIX (6).MONTHS; PRESCRIBING EFr CTIVE.DATE AND DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND RE- QUIRING GRANTEE, UPON SUCH CANCELT.ATION, T0. REMIOVE RAILS, TIES . AND OTHER CONSTRUCTION OR IvIaTERIALS WITHIN NINETY (90) DAYS AFTER TERMINATION AND THE PLACING. .OF SUCH PRO- PERTIES AND STREETS IN FIRST CLASS CONDITION AND PROVIDING INDEiMNITY CLAUSE., BE IT ORDAINED BY TIME CITY COMMiISSION OF THE CITY OF BEATMIONT; RAni.inn l That the Gulf and Interstate_ Railway Company -of -Texas - is here- by granted the right, franchise and privilege to lay, build, construct, maintain and operate at its own expense a single standard gauge indus- trial railroad spur track upon and across Bowie Street to serve the Josey -Miller Company, as shown by the red line on map hereto attached and made a part hereof and designated "Exhibit A", the center line of said track being described as follows; Beginning at a point in the northwesterly line of Bowie Street, said point being sixty-two and two tenths (62.2) feet southwesterly from the northeasterly corner of Block Number Fifty-five (55), Van Wormer Addition to the City of Beaumont; thence along the center line of proposed Texas Industry !'rack Number Five (5 ), Gulf and Inter- state Railway Company of Texas, in a southeasterly direction along a curve of twenty-three degrees twenty-five minutes "(230 251) to the right,. for a distance of thirteen (13) feet to the end. of said curve; thence continuing southeasterly on tangent along said centerline, crossing the centerline of Bowie Street on an angle of seventy=seven degree"s forty-two minutes (770 42t), a distance of: forty- three and seven tenths . ( 43.'7) feet to- the beginning of a eleven degree fifty-eight minute (110 581) curve to the right in said centerline;,thence con- tinuing on a eleven degree fifty-eight minute (110 581) curve to the right a distance of ;9ix feet to a point where said centerline crosses the south- easterly line of Bowie Street forty-nine and three tenths (49.3) feet southwesterly from the north- westerly corner of Block Number Fifty-six (56) of said Van Wormer Addition, Section 2 The track to be laid, built, constructed, maintained and operated under this ordinance shall be used only as an industrial track; that is, for loading, unloading and switching facilities to commercial and industrial enterprises now or hereafter located in the vicinity of said track. The grantee shall have the right to operate engines and cars over said track-v,dhenc ompleted so as to further the interest for which this grant is given, provided that no engines or cars of any kind shall be allowed to stand on any portion of said track located upon the property of the City of Beaumont or located within a public street of the City of Beaumont, and, provided further, that all engines and cars operated over said public streets shall be operated thereover in such manner as not to unreasonably interfere with public traffic upon and along or across said streets or any portion thereof, and, except insofar as is reasonably necessary in the movement and handling of cars on said streets, same shall be kept clear. Section 3 The Gulf and Interstate Railway Company of Texas shall at its own expense lay, build, construct, maintain and operate said railroad track and adjacent areas herein involved in accordance with the charter and ordinances -of the City of Beaumont now enact- ed or hereafter to be enacted, and in accordance with the exhibits attached hereto and made a part hereof and labeled "standard cross- ing" and "plan". Furthermore, the said Gulf and Interstate Railway Company of Texas shall install such drainage facilities and do such other work at this time or at a later date at the discretion of the City Engineer in connection with the franchise herein granted as shall, in the opinion of the City Engineer, be desirable. All of the work provided for herein shall be done under the direction of -2- the City Engineer of the City of Beaumont, and should a dispute arise over said construction or proper maintenance the Gulf Md Interstate Railway Company of Texas agrees to refrain from doing said work or any part thereof until the matter of dispute has been settled by the City Commission of the City of Beaumont. The foregoinCD g rights and privileges are granted upon the express condition that the grantee shallwithin 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 condition that the grantee shall pay to the City of Beaumont upon acceptance hereof the sum of Fifty and Ivo/100 (050.00) Dollars, and in addition thereto shall pay to the City annually and in advance on the first day of July the sum of .Fifty and No/100 ($50.00) Dollars 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. Section 5 This franchise is granted subject to all the provisions of the charter and ordinances of the City of Beaumont now in effect or hereafter to be adopted or enacted. If the Gulf and.Interstate Railway Company of Texas shall fail to use, maintain and operate said tract for any period of six months this ordinance shall become null and void and fully terminated. Ccn+; n" 7 This ordinance shall go into force and effect sixty (60) days after its adoption and approval and only then upon the filing of written acceptance as provided in Section 4 hereof, and shall con- -3- 6J)Cst, /�-/C 1 -/ q --/p �L� tinue for a period of ten (10) years thereafter unless sooner ter- minated 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 CD intention to cancel same, and provided further that the city of Beau- mont may, in furtherance of the plans and recommendations of the City Planning Commission, or the City Planning and Zoning..Cor_imission of the City of Beaumont, cancel the franchise herein granted upon like notice to grantee as aforesaid. Upon the termination of this fran- chise for any reason grantee shall within ninety (90) days there- after remove from the properties and streets involved herein, all rails, ties and other construction or materials and place such pro- perties and streets in first class condition. Section 8 Grantee shall indemnify, save and hold the City of Beaumont harmless from any and all liabilities, claims, judgments, damages, costs and expenses whatsoever growing out of or resulting in any way from the laying, building, construction, maintenance or operation of said railroad track, or the failure of the said grantee to do and per -- form er - form any of the same, or in any manner growing out of or resulting from the granting of this franchise, and should any judgment be render- ed against said City for any cause growing out of or resulting in any manner from the laying, building, construction, maintenance or opera- tion 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 result- ing from the granting of this franchise, then grantee agrees to pay and satisfy said judgment before and without said City doing so. CD PASSED by the City Commission, first reading on the -10 day of , A.D. 1946. PASSED by the City Commission, second reading on the_,_"� day of , A.D. 1944. PASSED by the City Commission, third reading on the day of A.D. 1947. M A Y O R Gulf, Colorado and Santa Fe Railway . Company G. E. SCHtiLER, Land and Tax Commissioner S. A. WRIGHT, Asst. Land and Tax Commissioner T. J. MAGEE, Tax Investigator D. L. LACKEY, Tax Investigator REGI STERFO U.S. MAIL LAND AND TAX DEPARTMENT Mr, Hugh B1 evin s, City Clerk, Beaumont, Texas. Dear Sir; Galveston, Texas, Feb. 6, 1947 I hand you herewith written acceptance by The Gulf and Inter -State Railway Company of Texas of an ordinance passed by the City Commission of Beaumont on Jan. 14, 1947, granting said Company franchise right to maintain and operate an industry track over cer- tain properties of the City of Beaumont and over and across Bowie - Street, to serve Josey -Miller Company. Please acknowledge re- ceipt of the acceptance. Voucher in amount of $50.00 in favor of the City of Beaumont, C. J. Strack, Tax Collector, Beaumont, covering the first payment due under this ordinance is being issued and will -reach Mr. Strack from our'Treasurer's office. ' An effort is being made to amend this ordinance so as to include the lessees, successors and assigns of The Gulf and Inter -State Railway Company of Texas, it being the desire to give the benefit of these trackage rights also to the Gulf, Colorado and Santa Fe RailwpLy Company, which operates under lease the properties of The Gulf and Inter -State Railway Company of Texas, and the ordinance should have been in favor of both The Gulf and Inter -State Railway Company of Texas and the Gulf, Colorado and Santa Fe Railway Company, Yours truly, Land & Tax Commissioner GALVESTCNq TEXAS, Feb. 59 1947 A6_e P/ To the Honorable Mayor and Board of Commissioners of the CITY OF BEAUMONT, TEXAS THE GULF AND INTER -STATE RAILuAY COMPANY OF TEXAS hereby signifies and,file-s in writing its acceptance of an ordinance pazoed by your honorable body on the 14th day of January, 19.47, entitleds "AN ORDINANCE GRANTING TO THE GULF AND INTERSTATE RAILWAY 'COMPANY OF TEXAS THE RIGHT TO LAY, BUILD, CONSTRUCT, MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK OVER CERTAIN PROPERTIES OF THE CITY OF BEAUMONT AND.OVER AND ACROSS BOWIE STREET TO SERVE THE JOSEY-NILLER COMPANY IN THE CITY OF tEAMqONT IN ACCORDANCE -71ITH, EXHIBITS; PROVIDING REGULATIONS AND RESTRIC- TIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH4ORK BE DONE IN ACCORDANCE E VITH THE CHARTER AND ORDINANCES OF ME CITY, AND UNDER THE DIREUTICN AND SUPERVISION OF THE CITY ENGINEER OF THE CITY. -OF BEAUMONT AND - REQUIRING SUCH_ OTHER DRAINAGE FACILITIES AND WORK.TO BE DONE AS TEECITY ENGINEER .MAY DIRECT% REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS AFTER PASSAGE AND "APPROVALg PRESCRIBING FEE TO BE PAID, AND DESIGNATINGMM SAME. SHALL BE PAID. AND SETTING FORTH FORFEITURE PROVISIONS; MAKING SAID FRANCHISE -SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NOT- IN FORCE OR HEREAFTER.M BE ENACTED OR ADOPTEE; PROVIDING FORFEITURE FOR FAILURE'TO USE, MAINTAIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS; PRESCRIBING EFFECTIVE DATE AND DURATION OF SAID - FRANCHISE; PROVIDING CANCELLATION CLAUSES AND. REQUIRING GRANTEEt.UPON SUCH CANTGELLATICN9 TO REMOVE RAILS, TIES AND OTHER CONSTRUCTION. OR WERIALS .6d THIN NINETY (90) DAYS 'AFTER TEP1111NATICN AND THE PLACING OF SUCH -PROPERTIES AND -STREETS IN FIRST CLASS CONDITION AND PROVIDING INDrMITY CLAUSE,* THE GULF AND INTER -STAN. RAIL1dAY COMPANY OF TEXAS By d and Tax Commissioner EXHIBIT "A" 3 3 w l i 0 I Q to I 4 i' ° Q VAN�(VO E ADDITION I 4 +-- 13 ' Ql 8 5 5 1 5 i vi I [01 8 6 ---- - - - - - ------ - - M m RalIroad. NO3 ---� BBKC. ----- To - - - - +--� 0 � r -y 1 -- �Q' 9 GBBKf 1 � i ---- / dial N I.1 I`I 21 ur 2 M� 15 9 I� N- 14 , v 0 1 Gil v- i JFFF,rR,301V.cowvTY, TEXAS THE GULFAND INTERSTATE RAILWRY COMPq, EX HlBI TA FeANCl;l.7ir F,eoM C I T)' OF zfjrf-A UMO A/ T FOR IIVDU,�TZY TRACK AC)eOJJ Dowle STREET D. E. Q, GA L VESTON, TEXAS, A (1C U -ST 2 `R, / 946 SCALE J-,= 100' who, being by me duly sworn, says that the f o r e g o i n g and attached Ordinance was published on the following dates: Jan 20* 210 2" - A. D., 1947 L�' ... LEGAL NOTICE . in the BEAUMONT Journal , a daily newspaper Fifty -live 55), Van Wormer Addition' s to tne-CitY of Beaumont; thence -along. the . lone ofpexas IndustryterTrack NumberrFivee (5),TGulf and •Interstate 1 Raihvay Company of i printed and published at Beaumont, Jefferson County, Texas. Texas,: in a southeasterly direction along a curve. of, twenty-three degrees twenty-five minutes (23-25'0 to the right, for a distance of thirteen (13) feet to the 'end of said curve; thence continuing southeasterly on tangent 1 along said- centerlinc� crossing the centerline Bowie Street on an angle of seventy-seven degrees forty- , two ininutes (77-42'), a distance of forty-three and seven tenths (43.7) a feet to, the beginning of a eleven degrees fifty-eight minutes - hue a thence econgtinuing ori da center degrees fifty-eight minutes curve ao the right a distance of six - feet to a point where said centerline' SUBSCRIBED and sworn to before me, this the day Ii• crosses the southeasterly line of Bowie Street „fOrt y-nI a and three tenths ,. (4ree feet southwesterly. from the ' northwesterly corner of 'Block Num- ber, F1ftY-six (58) of said Van Wormer of A. D. 19� Addition., Section .2 The track to be laid, built, constructedaa, maintained and operated under this track; that is,llfor load ng,54nloadd g -and switching. facilities to- commercial ,and industrial enterprises now or hereafter located in the vicinity of said. track. The I grantee shall have the right to operate NOTARY PL LIC in and for Jefferson County Texse engines and oars over ,sad track when I completed so as to further the interest for which this grant is given, provided ,. _ l •� `;- that .no engines ar cars of any kind i shall 'be allowed to stand on any' portion _ - - of 'said• track located upon the property of the City of Beaumont or located. within _ Ia public street 0Y• the City of Beaumont, -and provided further, that all . engines --- -- - - r sai shall abe�poneratedrate Vethereov r /iinstsu hl manner as not to unreasonably inter - manner _ fere with public traffic upon and along) or across said streets or any poitfon <T i thereof, and, except insofar as is reason- `ably necessary in the movement and = - - - - handling of cars on said streets, same shall be kept cl $ection S The Gulf and Interstate Railway Com- pang •of Texas shall at, its, own expense lay, build, construct, maintain and operate said railroad track and, adjacent with areas herein involved in. accordane.e with the, charter and ordinances oY the City of! Beaumont now enacted or hereafter to be enacted, and in accordance with the AN ORDINANCE 'AN ORDINANCE GRANTING TO THE_ GULF AND INTERSTATE RAILWAY, COMPANY OF TEXAS THE RIGHT TO LAY, BUILD, CONSTRUCT, MAIN- TAIN AND OPERATE AN INDUST- RIAL SPUR TRACK OVER CERTAIN- 4 PROPERTIES' OF THE CITY OF - BEAUMONT AND OVER AND ACROSS BOWIE: STREET. TO 'SERVE . THE JOSEY=MILLER; COMPANY - IN THE CITY'OF BEAUMONT ,IN ACCORD- ANCE' WITH EXHIBITS; PROVIDING • REGULATIONS AND -RESTRICTIONS ' -FOR ' THE USE OF SAID TRACK; PROVIDING THAT SUCH WORK BE ' IDONE INACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY, AND UNDER THE ' DI- / PUBLISHER AFFIDAVIT RECTION AND SUPERVISION OF I THE CITY ENGINEER OF THE CITY . NT AND REQUIRING 6T 9144 uo_;a cIFA l:Z -poCI •.L •H gaago2i Jq xaom s?q da pa;s?sss aq TT?m ag su012a1 i7 aq4 ul ollgm. pial;e au; 1u?q agvq ep ode s? �aom ST H •o?;aae;uv a.?l qm aqq ;o s}uaul?poquta limnlona;s I THE STATE OF TEXAS I Jayo?gdm2lqua;s 'a?gdel2orSSgd 'T'e?c •a aql ;o pas;;assod moi - a..0pa?m1 COUNTY OF JEFFERSON apj auT. aq oq .10AI30PUO us 0 ;;13;s .oglua?os aq; ;0 Saaqulau -qqo ;o s2ulpu?; aq; a?q?ssod sti.1a -ul dgvlaa-oo o4 aq IlyA 3laom s?7 I •21aom S1q .10; '901.101 10 Aga?oos aq; ui . qutJ2 B seq s?ogo?H aQ a?q?s Before the undersigned authority, personally appeared oq&ou uaiqe; aq Tt?m saTd1 liqqdap me, q p'e .pus saua. 3 mora�;q -si1e.14 ao; saIdulus 2ur4oallw 'sa?p R. Aw Bean who, being by me duly sworn, says that the f o r e g o i n g and attached Ordinance was published on the following dates: Jan 20* 210 2" - A. D., 1947 L�' ... LEGAL NOTICE . in the BEAUMONT Journal , a daily newspaper Fifty -live 55), Van Wormer Addition' s to tne-CitY of Beaumont; thence -along. the . lone ofpexas IndustryterTrack NumberrFivee (5),TGulf and •Interstate 1 Raihvay Company of i printed and published at Beaumont, Jefferson County, Texas. Texas,: in a southeasterly direction along a curve. of, twenty-three degrees twenty-five minutes (23-25'0 to the right, for a distance of thirteen (13) feet to the 'end of said curve; thence continuing southeasterly on tangent 1 along said- centerlinc� crossing the centerline Bowie Street on an angle of seventy-seven degrees forty- , two ininutes (77-42'), a distance of forty-three and seven tenths (43.7) a feet to, the beginning of a eleven degrees fifty-eight minutes - hue a thence econgtinuing ori da center degrees fifty-eight minutes curve ao the right a distance of six - feet to a point where said centerline' SUBSCRIBED and sworn to before me, this the day Ii• crosses the southeasterly line of Bowie Street „fOrt y-nI a and three tenths ,. (4ree feet southwesterly. from the ' northwesterly corner of 'Block Num- ber, F1ftY-six (58) of said Van Wormer of A. D. 19� Addition., Section .2 The track to be laid, built, constructedaa, maintained and operated under this track; that is,llfor load ng,54nloadd g -and switching. facilities to- commercial ,and industrial enterprises now or hereafter located in the vicinity of said. track. The I grantee shall have the right to operate NOTARY PL LIC in and for Jefferson County Texse engines and oars over ,sad track when I completed so as to further the interest for which this grant is given, provided ,. _ l •� `;- that .no engines ar cars of any kind i shall 'be allowed to stand on any' portion _ - - of 'said• track located upon the property of the City of Beaumont or located. within _ Ia public street 0Y• the City of Beaumont, -and provided further, that all . engines --- -- - - r sai shall abe�poneratedrate Vethereov r /iinstsu hl manner as not to unreasonably inter - manner _ fere with public traffic upon and along) or across said streets or any poitfon <T i thereof, and, except insofar as is reason- `ably necessary in the movement and = - - - - handling of cars on said streets, same shall be kept cl $ection S The Gulf and Interstate Railway Com- pang •of Texas shall at, its, own expense lay, build, construct, maintain and operate said railroad track and, adjacent with areas herein involved in. accordane.e with the, charter and ordinances oY the City of! Beaumont now enacted or hereafter to be enacted, and in accordance with the -�-�'•"r'r....a+r e.. - ..--.was...nr.....:..�...r+•r.`....-T_-�,,,.^,...-.y:....,,.,.,,,e-u..M..,e�-..�.e,.�....+-.."rtis�-......�.r.+�-.. �r'+•'+^^...�w�.......:.-.r ."*" - t� ►w..'..•�-nom+-- -.r�-- ,� ' : ��•./ �' �4 � : '`� `moi °'�` �k� �'1 �► J\ � ��`�,.J k �J t ' ••J k_ NN zq � N -�-�'•"r'r....a+r e.. - ..--.was...nr.....:..�...r+•r.`....-T_-�,,,.^,...-.y:....,,.,.,,,e-u..M..,e�-..�.e,.�....+-.."rtis�-......�.r.+�-.. �r'+•'+^^...�w�.......:.-.r ."*" - t� ►w..'..•�-nom+-- -.r�-- ,� ' : ��•./ �' �4 � : '`� `moi °'�` �k� �'1 �► J\ � ��`�,.J k i sofeel %e se -1 /�* cowcrele pff�� • r I d r f! t 6 { � ,�I�.��t' .°•�••Q4�. � � ,� � �• �,aF �•q'•;�'dr(,�` d',n �.� off. +! ��* �►�'• � r�;: `.�y!'�:d�• .d� �:� ` :[a{{P • ;,1��. ;,� .,�� : edt/ [,fir, /*/fir jt ��A � • i� �� V D!/1r 1 �I � r "4" `f4, 'Ask ��f�% y{' •��• • • •�// i � � r • • ♦ • h �' `7 ��{{Y�ryy jay, • • 0��(• ,• •[wLL //��'I • { M '/1�j• { Y -...t.:.�;. ` .4.1 ! No/ over , y8•7 /��Sl�.lee ;I17 ,7r GJ/ 9 46al:S` ff JT'AX PARD (-,R0.5Si1V6- v OFFICE OF C/rY ENGIINag b,CAU)P60 ur, TEx 5 No veM— V-42t�, SCA t E w .6 c { r