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Home My WebLink AboutORD 20-S91 ---=-w AN ORDINANCE AN ORDINANCE GRANTING TO THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY AND THE GULF, BEAUMONT AND KANSAS CITY.RAILWAY COMPANY THE RIGHT TO LAY., BUILD, CONSTRUCT, MAINTAIN AND OPERATE AN INDUS- TRIAL TRACK.IN'UPON,'OVER AND ACROSS GLADYS AVE- NUE IN MCFADDINIS FIRST ADDITION TO THE CITY OF BEAUMONT IN ACCORDANCE WITH EXHIBITS; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT. -SUCH WORK BE IN ACCORDANCE WITH CHARTER .AND ORDINANCES -OF- THE . CITY AND IN AC CORDANCE WITH EXHIBITS, AND REQUIRING SUCH OTHER DRAINAGE FACILITIES AND WORK TO BE DONE AS THE .CITY ENGINEERS MAY DIRECT; REQUIRING.ACCEPTANCE BY GRANTEES WITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNAT- ING WHEN THE SAME SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION;.MAKING SAID FRANCHISE SUB - TO THE CHARTER AND ORDINANCES OF THE CITY NOW IN.FORCE AND HEREAFTER TO BE ENACTED OR ADOPTED; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN OR OPERATE FOR A PERIOD:.OF SIX (6) MONTHS; PRE- SCRIBING EFFECTIVE -DATE AND DURATION OF SAID_FRAN- CHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEES, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES, OTHER CONSTRUCTION OR MATERIALS WITHIN NINETY (90)_DAYS AFTER TERMINATION, AND RESTORE SAID AVE-. NUE TO.SUBSTANTIALLY THE CONDITION IN WHICH IT WAS" AT THE TIME SAID TRACK WAS CONSTRUCTED, AND PROVID- ING INDEMNITY CLAUSES. BE IT ORDAINED -BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1. That -the Gulf, Colorado and Santa Fe Railway Company and the Gulf, Beaumont and. Kansas City Railway Company are hereby granted the right, franchise and privilege to lay, build,,con" struct, maintain and operate at 'their own expense, a single-guage .industrial -railroad spur track upon and across'Gladys-Avenue, as shown by red line on map hereto attached.and made a part hereof, and designated as "Exhibit A.", the centerline of said track being described as follows; "Centerline of said industry track crosses the South- erly'line of Gladys Avenue at a point 285:9 feet Westerly from the Northeasterly corner of Block Num- ber Five (5) in McFaddin'First Addition to the City of Beaumont, and runs thence Northerly on a 14' 261, curve to the right in said centerline across Gladys Avenue 60.2 feet -to a point in the Northerly line of said street which is. 291.4 feet Westerly from the Southeasterly corner of Block Number -Ten -(10) in said McFaddin First Addition." Section 2. The .track :_to be, lai a,. 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„enterpris_es now,or hereafter located in the vicinity of.said track. The grantees shall have the right to operate.engines and -cars -over said track when completed -so as to _ •further:: the interest "for which this grant is given, provided that no engines or ears of any kind - shall be -allowed to stand -on any -por- tion ofsaid track located within a public 'stre-et of the. City of Beaumont, and provided further,that all engines and cars operated over said public -streets shall be operated thereover in such a man- ner as not to unreasonably interfer6.,'with public traffic upon and along or across said streets or any portion thereof, and except•in, so "far as is reasonably necessary in the movement and handling -of .cars on said streets, same ahall.be kept clear. ,Section -3. The -Gulf, Colorado and Santa Fe Railway Company.and the Gulf, Beaumont and Kansas City -Railway Company shall, at their own. expense, lay, build, construct,. maintain and operate said railroad track and adjacent areas. -herein Involved, in.accorddhee with'the - . charter and ordinances -of the City -of Beaumont -=now enacted or here- after to be enacted, and in.accordahce with. -the exhibits attached hereto and made apart hereof. Furthermore, the said -Gulf,- Colorado and Santa Fe.,Railway Company.' and the Gulf, _Beaumont and.Kansas City Railway- Company shall, install such- drainage”. facilities and do such other.work at _the- time, or at -a later date, 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 provided- for herein _shall .'be .done under -the direction of the City Engineer:. 0-0 Section 4.. The foregoing rights and privileges are granted upon the express condition that the grantees shall within thirty (30) days after the passage and approval of this ordinance; file with the Clerk of the City of Beaumont their written acceptance hereof, and upon further condition that the grantees shall.pay to the City of Beaumont upon acceptance hereof the sum of Fifty ($50.00) Dollars, and in addition thereto shall pay to the City annually and -in ad- vance on the -first day of July the sum of Fifty ($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 con- stitute 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. Section. 6. If the " Gulf,. Colorrado' and- Santa Fe Railway Company and the Gulf, Beaumont and'Kansas City Ra,ilway..Company shall fail to use, maintain and operate said track for any period of six (6) months this ordinance shall -become null and void and. fully -termi,nated. Section -7. This ordinance shall go into force and effect ten (10) days after its adoption and, approval and shall continue for a. period of ten (10) years thereafter, -unless sooner terminated as -provided_ herein,•' provided that the City of. Beaumont may, in_ furtherance of the, plans -or recommendat.i-ons :of .the City' Planning Commission or the City Planning and Zoning -Commission of the -City of.Beaumont,.cancel- -3- this franchise upon six (6) months' notice in writing given to grantees by grantor of its intention to cancel same. Upon the term- ination 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 restore said street to substantially the condition in which it was at the time the said track was constructed; or if said street has been substan- tially changed since the time said track was constructed, then said street shall be restored in keeping with the general condition of the street in the blocks affected. Section 8. Grantees 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 grantees.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 ren - tiered against said City for any cause, growing out of or resulting in any manner from the la.ng.,`� buildi=ng', ";construction, maintenance or operation of said railroad track, or the failure of the said grantees to do and perform any of the same or in any manner growing out of or resulting from the granting of this franchise, then grantees agree to pay and satisfy said judgment before and without said City doing so. PASSED by the City Commission, first reading on the 2_ 3.j, day of _ 'w7 a,.,P .J , A. D. 1948. PASSED by the City Commission, second reading on the 3� day of _ �J A. D. 1948. PASSED by the City Commission, third reading on the day of A. 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O v i � o Z I o 0 EX,vreiT � "� �EAU��ONT ✓EFFE/2SO/YCOU1W>,- 7-- -XAS GULF, 91-A OMIT AX�AA1SAS C/Ty,PA/LAINY CO. FIcANCh'/SE F,6647 C/T' OF BE.9U1)10/YT FOP 11VOL/52-,PY l7lel4C.(-, r.POSs/NG GLAOX5 Al/FiVI/E" OEO GWZk,Z-STO/Y, TEXAS - "CZ46PUA/2Y 24 /99'8 SCAL E / " /00' l/�L Z -/V TIME SEE 1 51� D .5 T. I ' o p. �l4"Oy o IW I I � 'J 60.2' Al/E,Q/L L sT afi � J 5� Z BEAU��ONT ✓EFFE/2SON <OUNTY, T�X,,9S GULF; gi-AOMIT AX-AI?/SAS C/T,',PA' 1ZW4YCO. FIc�1vc11/SE F,POM C/T�' OF BEAU/'1O/YT FOP /NDUST�PY T.Pti'C'4� (-.Pass/NG GLADYS AVENUE OEO GALl�ESTON,TEXAS - FEBPU/9RY 24 /9�8 SEALS -- -------------- V1,9 Z V1,9Z Z -/V TIA 57- 02 i 8 7r �0 l,gVZ /L L D, I 2 � 2b GK s I�SgEE. -fp 5 /.3,�01'vl rNT ✓EFFE/256NC-O41/Y7Y, TEXf9S GULF 9EA010A/T e� X�W51195 C1l"- ,,41zwAY CO. C/T�' OF BE,9U/'10/YT FOP /NDUST.PY T,Pf'C.� �,POSS/NG GLADYS A l/E/YU E OEO 6AgZ k Z STO/Y TEXAS - FEBiPURIP1 2¢ 1,9,5f 0 S AI_ E / " /00' �! Gulf, Colorado and Santa Fe Railway Company G. E. SCHULER, Land and Tax Commissioner S. A. WRIGHT, Asst. Land and Tax Commissioner T. J. MAGEE, Tax Investigator D. L. LACKEY, Tax Investigator LAND AND TAX DEPARTMENT Galveston, Texas, May 14, 1948 Beaumont -Ordinance - rights for industry track across Gladys Street - Mrs. Willie J. Brockmang, City Clerks Beaumont. Texas, Dear Madams Z hand you herewith written acceptance. by Gulf, Colorado and Santa Fe Railway Company zAd Gulf, Beaumont & Kansas City Railway Company of ordinance passed by the City Commission of Beaumont on the 27th day of April, 1948, granting the above Railway Companies rights for industry tracts across Gladys Street in McFaddin`s Addition to Beaumont. Please acknowledge receipt of the acceptance and advise book and page number where the ordinance is recorded in the Ordinance Records. We are enclosing voucher in favor of Don Terry, City Tax Collector, Beaumont, to cover acceptance payment of $50 required under Section 4 of the ordinance. Yours truly, -hand &Tax Commissioner Enc 9 c c Mr.J.P. Cowley Mr-.C.S. Neal Mr.W.F.Donoho Mr.K.M.Fogg Mr.W.K.Meard GALVESTON, TEXAS, May 14, 1948 To the Honorable Mayor and Board of Commissioners _�of.the City of Beaumont, Texas, GULF, COLORADO AND SANTA_FE RAILWAY COMPANY and GULF, BEAUMONT ' & KANSAS CITY RAILAIAY" COMPANY hereby signify and file in writing their acceptance of an -ordinance passed -by your honorable body on the 27th,dap of April, 1948,.which ordinance is entitleds "AN ORDINANCE GPANTING, T,O THE GULF, COLORADO AND SANTA FE RAIMAY COMPANY and the GULF, BEAUMONT-AND.KANSAS:CITY RAILWAY COMPANY THE RIGHT" TO LAY, BUILD, CONSTRUCT, VAIN` TAIN.'.AND OPERATE AN INDUSTRIAL .TRACK IN, UPON, OVER AND ACROSS GLADYS AVENUE IN. McFADDIN'S FIRST ADDITION TO THE CITY OF BEAUMONP` IN .ACCORDANCE 71ITH'.EXHIBI.TS; PROVIDING REGULATIONS AND RESTRICTIONS,FOR THE USE OF SAID TRACK; PROVIDING . THAT . SUCH IJORK BE IN ACCORDANCE NI TH CHARTER AND- ORDINANCES OF THE CITY AND IN_ACCORDANCE 1111TH EXHIBITS, AND REQUIRING. SUCH OTHER: DRAINAGE, FACILITIES AND WORK .TO BE DONE, AS" THE CITY ENGIMERS• MAY DIRECT; REQUIRING ACCEPTANCE ' BY. "GRANTEES. �`imN. THIRTY ,(:30) DAYS OF PASSAGE AND APPROVAL; PRESCRI E3ING, FEE TO BE PAID AND DESIGNATING IMN .THE SAME SHALL -BE PAID AND, SETTING. FORTH FORFEITURE. PROVISION; MMNG SAID FRANCHISE.. SUBJECT TO THE CHARTER ..AND.. ORDI NANCES. OF'" THE CITY NOV IN FORCE AND HERE AFTER TO BE ENACTED OR ADOPTED; PROVIDING. FORFEITURE FOR FAILURE TO USE, MAINTAIN OR OPERATE FOR A PERIOD. .OF SIX (6) MON^1HS;. PRESCRIBING EFFECTIVE .DATE. AND DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION. CLAUSE& AND;.REQUIRING GRANTEES, UPON SUCH CANCELLATIONt,.TO REMOVE,RASLS', TIES, OTHER :CONSTRUCTION. OR MATERIALS v ITHIN NINETY'.(.90) DAYS AFTER TERMINATION, AND RESTORE SAID AVENUE .TO SUBSTANTIALLY THE CONDITION IN %M -CH IT WAS AT THE .TIM& SAID' TRACK WAS CONSTRUCTED, AND PROVIDING INDEhGUTY CLAUSES.10 GULF, COLORADO AND SANTA FE RAILWAY COMPANY, Bye —Its 9nd and Tax Commissioner GULF, BEAUMONT & KANSAS CITY RAILWAY COMPANY, It "Land and Tax Commissioner