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turning out of Gulf, Beaumont and Kansas City
Railway Company's yard tract No. 24, and 326.4
feet measured along the south line of said Long
Avenue, from the point of intersection at the
south line of Long Avenue and the west line of
Gulf Street in. said_ City of Beaumont; thence in
a northerly direction along a 9 degree 30 min-
ute curve to the right, 68.8 feet to point of
tangency in the centerline of said Jirou Street;
at track chaining station 3 x 62.4;.thence in
a northerly direction and in the centerline of
Jirou Street a distance of 1371.6 feet to a -
point in the south line of Louisiana Avenue for
the end of said Industry Track."
Section 2.
The track to be laid, built, constructed, maintained
and operated under this ordinance shall be used only as an in-
dustrial 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 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 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 and cars operated over said
public streets shall be operated thereover in such a manner
as not to unreasonably interfere 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 End
handling of cars on said streets, same shall 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 accordance
- 2 -
F'y
with the charter and ordinances of the City of Beaumont now
enacted or hereafter to be enacted,, and in accordance with the
exhibits attached hereto and made a part 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,
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 here-
of'. 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 advance 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 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
® 3
effect or hereafter to be adopted or enacted.
Section 6.
If the Gulf, Colorado and Santa Fe Railway Company and
the Gulf, Beaumont and Kansas City Railway 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
ternn inat ed.
Section 7.
This ordinance shall go into force and effect ten (10)
days after its adoption and approval and shall continue for a
period ce ten (10) years thereafter, unless sooner terminated
as provided herein, provided that the City of Beaumont may, in
furtherance of the plans or recommendations of the City Planning
Commission or the City Planning and Zoxiing Commission of the
City of Beaumont,
cancel this franchise
upon six
(6) months?
notice in writing
given to grantees by
grantor of
its intention
to cancel same. Upon the termination of this franchise for any
reason, grantee shall within ninety (90) days thereafter remove
from the streets herein involved, all rails, ties and other con-
struction material, and restore said streets to substantially
the condition in which they were at the time the said track was
constructed; or if said street has been substantially changed
since the time said track was constructed, thens aid 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 Beau-
mont harmless from any and all liabilities, claims, judgments,
damages, costs and expenses whatsoever growing out of or result-
ing in any way from the laying, building, construction, -
maintenance or operation of said railroad track, or the fail-
ure 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 rendered against
said City for any cause growing out of or resulting in any man-
ner 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,
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
17th day of February , A.D. 1948.
PASSED by the City Commission, second reading on the
2- 4th-- day of February , A.D. 1948.
PASSED by the City Commission, third reading on the
23rd day of March , A.D. 1948.
® Mayor -
- 5 -
Gulf, Colorado and Santa Fe Railway Company
4G. E. SCHULER, LAND AND TAX DEPARTMENT
Land and Tax Commissioner
S. A. WRIGHT,
Asst. Land and Tax Commissioner
T. J. MAGEE,
Tax Investigator
D. L. LACKEY, Galveston, Texas, April .6, 1948
Tax Investigator
REGISTERED IPAIL
Beaumont Ordinance - rights for track ,
on Jirou Street and Long Ave.
Mrs. Willie J. Brockman,
City Clerk,
Beaumont, Texas.
Dear ?madam:
I hand you herewith written acceptance by
Gulf,, Colorado and Santa Fe Ry. C o . and Gulf, Beaumont &
Kansas City Ry. Co. of ordinance passed by the City Commi.asi on
of Beaumont on March 23, 1948, granting the above Railway
Companies rights for track across Long Avenue and on Jirou
Street in McFaddin Addition to Beaumont'.
Please acknowledge receipt of the accept-
ance.
Ile are enclosing voucher in favor of Don
Terry, City Tax Collector, Beaumont, to cover acceptance pay-
ment of $50 required under Section 4 of the ordinance.
We note from the new -charter in re ordi-
nances that the City requires four copies of ordinances seek-
ing new franchises. Do you.have these four copies?
Yours truly,
--"- L'and & Tax Commissioner
Enc
GALVESTON, TEXAS, April 3, 1948
To the
Honorable Mayor and
Board of Commissioners of the
City of Beaumont, Texas.
. The GULF, COLORADO AND SANTA FE RAILIJAY COMPANY and
GULF, BEAU11ONT & KANSAS CITY.RAIWAY COMPANY hereby signify and file
in writing their acceptance of an ordinance passed by your honorable
body on the 23rd day of March, 1948, and recorded in Volume 8, page 212,
of the V&nutes of Ordinances of the City of Beaumont, Texas, which
ordinance is entitled -
"AN ORDINANCE GRANTING TO THE GULF, COLORADO AND SANTA FE
RAIL,1IAY COLTANY AND THE GULF, BEAUMONT. AND KANSAS CITY
RAILVI*1Y CCF9PANY THE RIGHT TO LAY, BUILD, CONSTRUCT, MAIN-
TAIN AND OPERATE AN INDUSTRIAL TRACK IN, UPON, OVER AND
ACROSS LONG AVENUE AND JIROU STREET IN McFADDIN'S FIRST
ADDITION TO THE CITY OF EE;AUMONT IN ACCORDANCE 1�,ITH
EXHIBITS; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE
USE OF SAID TRACK; PROVIDING THAT SUCH WORK BE IN ACCORD-
ANCE ;WITH CHAR ZR AND ORDINANCES OF THE CITY AND IN ACCORD-
ANCE WITH EXHIBITS, AND REQUIRING SUCH OTHER DRAINAGE
FACILITIES AO 110RK TO BE DONE AS THE CITY ENGINEERS MAY
DIRECT; REQUIRING ACCEPTANCE BY GRANTEES 1.71ITHIN THIRTY
(30) DAYS OF PASSAGE AND APPROVAL; PR01SCRIBING FEE TO BE PAID
AND DESIGNATINGMi N THE SAME SHALL BE PAID AND SETTING FORTH
• FORFEITURE PROVISION; YAKING SAID FRANCHISE SUBJECT TO THE+'
CHARTER AND ORDINANCES OF THE; CITY NOW IN FORCE AND 1EREAF1ER
TO BE ENACTED OR ADOPTED; 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 GRANTEES, UPON
SUCH CANCELLATION TO REMOVE RAILS, TIES, OTHER CONSTRUCTION OR
MATERIALS 11-,'I THIN NINETY (90) DAYS AFTER TERtMI NATI ON, AND
RESTORE SAID STREETS TO SUBSTANTIIALY THE CONDITION IN 11119CH
THEY 1z;TERE AT THE TIME SAID TRACKS WERE CONSTRUCTED, AND
PROVIDING INDEMINITY CLAUSES.. Of
GULF, COLORADO AND SANTA FE RAILTJAY COMPANY,
By-� r® 0 —�
_- - I/t�Land and Tax Commissioner
V
GULF, BEAUMONT & KANSAS CITY RAILNWAY COMPANY,
Its d and Tax Commissioner
500-6-45
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
Before me, the undersigned authority, personally appeared
R. A. Bean
lvho, being by me duly sworn, says that the f o r e g o i n g and
attached Legal Notzc
v:as published on the following dates: March 29;
A. D., 19 M$
in the BEAUMONTJOurnal , a daily newspaper
printed and published at Beaumont, Jefferson County, Texas.
SUBSCRIBED and sworn to before me, this thec Iday
/Z/ -�
AN ORDINANCE -'!
AN ORDINANCE GRANTING TO THE
j GULF, COLORADO AND SANTA FE
RAILWAY COMPANY AND THE GULF
BEAUMONT AND KANSAS CITY RAIL-
WAY COMPANY THE RIGHT TO LAY,
BUILD, CONSTRUCT, MAINTAIN AND
OPERATE AN INDUSTRIAL TRACK IN,
(UPON, OVER AND ACROSS LONG AVE-.
I! NUE AND JIROU STREET IN MCFAD-
DIN'S 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 ACCORDANCE WITH EX-
HIBITS, AND REQUIRING SUCH OTHER
DRAINAGE FACILITIES AND WORK TO
BE DONE AS THE CITY ENGINEERS
MAY DIRECT; REQUIRING ACCEPT-
ANCE BY GRANTEES WITHIN THIRTY
(30) DAYS OF PASSAGE AND APPROV-
AL; PRESCRIBING FEE TO BE PAID
AND DESIGNATING WHEN THE SAME
SHALL BE PAID AND SETTING FORTH
I. FORFEITURE PROVISION; MAKING 1
1 SAID FRANCHISE SUBJECT TO THE
NOW IN FORCE AND BEE
.'O BE ENACTED OR ADC
.DING FORFEITURE FOR
TO USE, MAINTAIN OR OP
A PERIOD OF SIX (6) MC
TERIALS WITHIN NINETY (90) DAYS
AFTER TERMINATION, AND RESTORE
SAID STREETS TO SUBSTANTIALLY
THE CONDITION IN - WHICH THEY
WERE AT THE TIME SAID TRACKS
WERE CONSTRUCTED, AND PROVID-
ING -INDEMNITY CLAUSES.
BE IT. ORDAINED BY THE CITY COM-
MISSION 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, construct, main-
tain and operate at their own expense, a
single-guage industrial railroad spur track
upon and across Long Avenue and Jirou
Street, as shown by red line on map here-
to attached and made a part hereof, and
designated as "Exhibit A", the centerline
of said track being described as follows:
"Said centerline enters, the south
boundary line of Long Avenue at a
point whichis at said track's chaining 1
station 2 x 93.6, measured along the
centerline of said track, from its head
block turning out of Gulf, Beaumont
and Kansas City Railway Company's
Yard tract No. 24, and 326.4 feet meas-
ured along the south line of said Long
Avenue, from the point of intersection
at the south line of Long Avenue and
the west line. of Gulf Street in said
City of Beaumont; thence in a norther-
ly direction along a 9 degree 30 minute
curve to the right, 68.8 feet to point of
tangency in the centerline of said'Jhou
Street: at track chaining station 3 x
62.4 thence in a northerly direction and
in the centerline of Jirou Street a dis-
tance -of 1371.6 feet to a point in the
south line of Louisiana Avenue for the
end of said Industry Track."
-'Section 2.
The track to be laid, built, constructed,
maintained and operated under this or-
dinance shall be used only as an indus-
trial track, that is, for loading, unloading
and switching facilities to commercial and
industrial enterprises now or hereafter lo-
cated in the vicinity of said track. The
engines and shall-carsv over ritrack e aid toperate
completed so as to further the interest for
which this grant isgiven, provided that
no ,engines 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 and cars operated over
said public streets shall be operated there-
over in such a manner as not to unreason -t
ably interfere with public traffic upon and!
along or across said streets or any Por-
tion thereof, and except in so far as iso
reasonably necessary in the movement and
handling of cars on said streets, same;
shall be kept clear.
Section 3.
The Gulf, Colorado and Santa Fe Rail-
way 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 ac-
cordance with the charter and ordinances)
of the City of Beaumont now enacted or
hereafter to be enacted, and in accordance
with the exhibits attached hereto and made
a. parthereof. Furthermore, the said Gulf,
1, Colora,do and Santa Fe Railway Company
and the Gulf, Beaumont and Kansas City
Railway Company shall install such drain-
age -facilities and do such other work at'
the time, or at a later date, at the direc-I
tion of the City Engineer in connection
with the franchise herein granted as shall]
in the opinion of the City Engineerbe de-
Isirable. All street work provided for herein;
Vshall be done under the direction of ,the
City Engineer.
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 or-
dinance, file with the Clerk of the City o1
Beaumont their written acceptance here-
of, and upon further condition that the
graptees shall pay to the City of Beaumont. .
upon acceptance hereof, the sum of Fifty
ceFn:no) _Dollars, and- in addition thereto
and effect..tbc payiiieflrq By and ein
uvu&
anceptan'ce as aforesaid to constitute pay -1
_ment for the first year or partthereof-re-
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