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HomeMy WebLinkAboutORD 26-Sa l AN ORDINANCE AN ORDINANCE GRANTING TO THE GULF, C OLORADO AND SANTA .FE RAILWAY COMPANY AND THE _GULF, BEAUMONT AND , KANSAS CI - TY RAILWAY C OMPANY' THE. RIGHT- 'TO LAY, . BUILD, CONSTRUCT, MAINTAIN AND OPERATE AN INDUSTRIAL TRACK. IN, , UPON, - OVER AND ACROSS LONG AVENUE. AND JIROU.STREET IN McFADDIN►S-FIRST-.AD- DITION TO _ THE C ITY. OF BEAUMONT IN ACCORDANCE WITH EXHIBITS;'PROVIDING REGULATIONS -AND RESTRIC- TIONS FOR THE , USE OF . SAID TRACK; PROVIDING THAT SUCH WORK BE IN ACCORDANCE_ WITH CHARTER . AND ORDI- NANCES OF THE .CITY AND IN ACCORDANCE. WITH EXHIBITS, AND REQUIRING SUCH OTHER DRAINAGE FACILITIES AND. WORK TO BE DONE AS THE CITY ENGINEERS . MAY. DIREC T; REQUIRING ACCEPTANCE BY GRANTEES WITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL;.PRESCRIBING FEE TO BE PAID AND DESIGNATING WHEN THE SANE SHALL BE PAID AND SETTING FORTH FORFEITURE PRO- VISION; MAKING SAID FRANCHISE. SUBJECT.TO THE CHARTER AND.ORDINANCES OF THE CITY NOW IN, FORCE AND HEREAFTER TO BE ENACTED OR,ADOPTED;.PROVIDING F-ORFEITURE.FOR.FAILURE TO -USE, MAINTAIN OR OPERm ATE 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 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 PROVIDING INDEMNITY CLAUSES. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEA.UIVIONT; Section to 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 Long Avenue and Jirou Street, as shown by red line on map hereto attached and made a part hereof, and designated a's 41Exhibit At°, the cen- terline of said track being described as follows; "Said centerline enters the south boundary line of Long Avenue at a point which is at said track's chaining station 2 x 93.6, measured along the k, centerline of said tracfrom its head block i :. 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 anal 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 Railw;9y Company shall, at their own expense, lay, build, construct, maintain and operate said railroad track and adjacent areas herein involved, in accordance 2 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 forthirtyy (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 terminated. 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 recommendations of the City Planning Commission or the City Planning and Zoning Commission of the City of Beaumont, cancel this franchise upon six (6) months, notice in writing given to grm tees 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, then s 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 - wont 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, - 4 - 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 24th day of February , A.D. 1948. .PASSED by the City Commission, third reading on the 2 rd day of March , A.D. 1948. - Mayor - - 5 - A H 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 NAIL Beaumont Ordinance - rights for track , on Jirou Street and Long Ave. Mrs. Willie J. Brockman, City Clerk, Beaumont, Texas. Dear bIadam: I hand you herewith written acceptance by Gulf, Colorado and Santa Fe Ry. Co. and Gulf, Beaumont & Kansas City Ry. Co. of ordinance passed by the City Commission 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. We 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. . ?'de 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, - " 2 - Land & Tax Commissioner Eno r 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 RAILWAY COMPANY and GULF, BEAUMONT & KANSAS CITY.RAIIPJ`AY 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 Y&nutes of Ordinances of the City of Beaumont, Texas, which ordinance is entitled - "AN ORDINANCE GRANTING TO TIE GULF, COLORADO AND SANTA FE RAI LIWAY C OITANY AND THE GULF, BEAUMONT, AND KANSAS CITY RAIL,IAY COMPANY 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 BEAUMONT IN ACCORDANCE 1,ITH EXHIBITS; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH 111ORK BE IN ACCORD- ANCE 41TH CHARZER AND ORDINANCES OF THE CITY AND IN ACCORD- ANCE WITH EXHIBITS, AND REQUIRING SUCH OTHER DRAINAGE FACILITIES A-0 1;IORK TO BE DONE AS THE CITY ENGINEERS MAY DIRECT; REQUIRING ACCEPTANCE BY GRANTEES IJITBIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNATING TiMN THE SAME SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION; MAKING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NW IN FORCE AND HEREAFTER TO BE ENACTED OR ADOPTED; PROVIDING FORFEITURE FOR : F_4ILURF, 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 151THIN 1,1NETY (90) DAYS AFTER TERMINATION, AID RESTORE SAID STREETS TO SUBSTANTIIALY THE CONDITION IN 111BIGH THEY VJWLE AT THE TIME SAID TRACKS WERE CONSTRUCTED, AND PROVIDING INDEMNITY CLAUSES. " GULF, COLORADO AND SANTA FE RAILIJAY COMPANY, �_ .- - Its -Land and Tax Commissioa�er V GULF, BEAUMONT & KANSAS CITY RAILWWAY COMPANY, �\ Its d and Tax Commissioner 500-4-45 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared R. A. Bean �vho, being by me duly sworn, says that the f o r e g o i n g and attached Legal Notice vas published on the following dates: March 29, A. D., 19 A "in the BEAUMONTJournal , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. !!SUBSCRIBED and sworn O fj G` X o ' . J/-r to before me, this they% day 4)- S F• AN ORDINANCE 7 AN ORDINANCE GRANTING TO THE 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- 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 .FORFEITURE PROVISION; MAKING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NOW IN FORCE AND HEREAFT- ER 'TO BE ENACTED OR ADOPTED; IPROVIDING FORFEITURE FOR FAIL- ( URE TO USE, MAINTAIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS; PRESCRIBING EFFECTIVE• DATE AND DURATION OF SAID FRANCHISE; PRO- VIDING CANCELLATION CLAUSES AND REQUIRING GRANTEES, UPON SUCH CANCELLATION TO REMOVE RAILS, TIES, OTHER CONSTRUCTION OR MA- 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 which is at said track's chaining 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'Jirou 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 lot cated in the vicinity of said track. The (grantees shall have the right to operate engines and cars over said track when I 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 there - over in such a manner as not to unreason-, ably interfere with public traffic upon and�l along or across said streets or any nor-` tion thereof, and except in so far as is i 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 4 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. part hereof. Furthermore, the said Gulf, Colorado 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 thE7 time, or at a later date, at the direc- tion of the City Engineer in connection, with -the franchise herein granted as shall] in the opinion of the City Engineer be de- sirable. 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 or- dinance, file with the Clerk of the City of 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 a;n.00) Dollars, and in addition thereto Land effect.-the-payifien£'i'b"b�-maaeIn ad-� -orit forcthesfirst=year or pa=tsthereopay- a- - �llslns when thisnrdinnnr� a 49 G B � k.0 /ridustrr fi I ` I Ouif I > I s r • rT i I iCy'OcKe Cry IJ o G l / l Xl-//B/T J% f31---/:-)L//"/ 0 A/T �/EFFE,PSON CoU/✓TY TEXAS Gl/LF B�h'ur/OMT f �HNSI�S C /T Y iPR/L.11VI-7YCO1lPh�.1vY F.PRNCf-; /SE F,�oNI C/TY OF BERUr;rOA/T FOR /niOusTRY T2ACK /N t-1/ROU STiPE",ET D.E O. GRI- vEs ro /v 1p vzjr9R r / 7 /9 48 Scfa/ - / /00,