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HomeMy WebLinkAboutORD 2-CCJLII 0. AN ORDINANCE AN ORDINANCE GRANTING TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY, A -TEXAS CORPORATION, -ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO..MAIN- TAIN AND . OPERATE THE NORTH BRANCH -- OF ITS_ IVIAIN LINE. TRACK.OF STANDARD GAUGE, 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-11AINTAIN AND OPERATE.ITS_SOUTH BRANCH OF.MAIN LINE TRACK.OF. . STANDARD GAUGE -IN, ALONG, UPON, OVER AND ACROSS RAIL- ROAD.AVENUE, COLLEGE -.AND GILBERT STREETS, HOLMES AVENUE, MILAM..S^1REET, ARCHIE AVENUE, FRANKI,IN,.BLANCHETTE, NECHES, PARK, ORLEANS,.PEARL,..1JIAIN AND MARKET STREETS, OVER AND ACROSS A -PUBLIC ROAD OR STREET, AN.EXTENSION.OF FRANKLIN STREET,..AND A.PUBLIC ROAD OR STREET, AN EXTENSION OF-MILAM STREET, IN_SAID CITY, PROVIDING REGULATIONS AND RESTRIC- TIONS.FOR THE -USE -OF SAID.TRACKS; PROVIDING THAT SUCH. MAINTENANCE -AND -OPERATION BE IN ACCORDANCE WITH THE CHARTER.AND ORDINANCES_OF THE.CITY AND_IN ACCORDANCE WITH EXHIBITS, AND.REQUIRING_SUCH OTHER DRAINAGE FACILITIES. AND . WORK TO BE .DONE .AS THE - CITY- ENGINEER , AY .DIRECT; RE- QUIRING.ACCEPTANCE.BY..GRANTEE.WITHIN THIRTY (30) DAYS OF PASSAGE AND -APPROVAL; PRESCRIBING.FEE.TO BE PAID AND - DESIGNATING WHEN THE SUM SHALL . BE PAID. AND SETTING FORTH FORFEITURE PROVISION;.MAKING_SUCH FRANCHISE ,SUBJECT.TO.. THE -CHARTER AND.ORDINANC_ES 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)-MONTHS3 PRESCRIBING EFFECTIVE DATE AND DURATION OF.SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON.SUCH CANCELLATION, TO REMOVE -RAILS, TIES, OTHER CONSTRUCTION_ OR.MATERIALS.WITHIN NINETY (90). DAYS AFTER TERMINATION, AND THE PLACING.OF.SUCH STREETS -IN SUBSTANTIALLY THEIR .PRESENT CONDITION, AND PROVIDING IN-. DEMNITY CLAUSE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1. That the Gulf, Colorado and Santa Fe Railway Company is hereby granted the right, franchise and privilege to maintain and operate at its own expense, its north and south branches of its main line track of standard gauge in, along, upon, over and across the aforementioned streets, avenues, and/or public roads, the center line of the north and south branches being described as follows: MW Said centerline of the north brance thereof enters the West line of Magnolia Avenue at said Company's Track Chaining Station 32+72.3; thence in an easterlyand southeasterly direction over and across Magnolia Avenue, in, upon and along Long Avenue, over and across Grand Avenue, Willow and Pearl -Streets, in, upon, along, over and across Pine Street, and over and across a public road or street, leading to the City Dump in said City to a point where the north branch of.said main line track leaves said public road or street and enters private property at said Company's Track Chaining Station 51+78.6. Said centerline of the south branch of said Company's main line track begins at its connection in Railroad Avenue, opposite Lot 6 of Block 8 of Van Wormer's Addition to said City, with the main line track. -of Gulf, Colorado and Santa Fe Railway Company at said Railway Company's Track Chaining Station 4+11.0, which point of connection is 143.8 feet northwest- erly from the centerline of the East Texas Traction Company's crossing, as now or formerly located in the center of College Street of said City, and runs thence in a general southeasterly, easterly, north— easterly, northerly and northwesterly direction, in, upon, and along Railroad Avenue, over and across College and Gilbert Streets, Holmes Avenue, Milam Street, Archie Avenue, Franklin Street, in, upon, and along Blanchette Street,. over and across Neches, Park, Orleans, Pearl, Main and Market Streets, over and across a public road or street, an extension of Frank- lin Street, and a public road or street, an extension of Nilam Street, where the south branch of said main line leaves said road or street at said Company's Track Chaining Station 49+80.7 and enters the property of The -City of Beaumont, Texas, the location of said north and south branches of the main line track of said Railway Company are as shown by red line on print C.E.G. No. C-22-22416, dated February 24, 1958, hereto attached, marked ttExhibit All and made a part of this ordinance. Section 2. The tracks to be maintained and operated under this ordinance shall be used only for the purpose of loading, un- loading and/or switching to industrial tracks turning out of said north and south branches of said main line track serving commercial and industrial enterprises now or hereafter located in the vicinity of said tracks. The Grantee shall have the right to operate engines, trains and cars over said tracks so - 2 - as to further the interest for vdni ch this grant is given, pro- vided that no engines, trains or cars of any kind shall be allowed to stand on any portion of said tracks located within a public street of the City of Beaumont, and provided further that all engines, trains and cars operated over said public streets shall be operated thereover in such a manner as not to unreasonably interfere with public traffic in, upon, along, over and across said streets or any portion thereof, and ex- cept insofar as is reasonably necessary in the movement and handling of cars on said streets, same shall be kept clear-. Section 3. Gulf, Colorado and Santa Fe Railway Company shall, at its own expense, maintain and operate said railroad tracks in accordance with the Charter and Ordinances of the City of Beaumont, now enacted or hereafter to be enacted. Furthermore, said Gulf, Colorado and Santa Fe Railway Company shall maintain such drainage facilities and do such other work at the direction of the City Engineer, in connection with the franchise herein granted, as shall in the opinion of the City Engineer be desir- able. Section 4. The foregoing rights and privileges are granted upon the express condition that the grantee shall within '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 No/100 Dollars (�50.00) per annum so long as this ordinance shall remain - 3 - 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 there- of continues for thirty (30) days thereafter, the rights and priv- ileges 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 ef- fect or hereafter to be adopted or enacted.. Section 6. If the Gulf, Colorado and Santa Fe Railway Company shall fail to use, maintain and operate said tracks for any period of six (6) months this ordinance shall become null and void and ful- ly terminated.. Section Z. This ordinance shall go into force and effect for a period of ten (10) years from and after the 25 day of June, 1958, unless sooner terminated as provided herein, provided that the City of Beaumont may, in furtherance of plans regarding railroads with- in the City cancel this franchise upon six (6) months notice in writing given to grantee 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 construction material and place such streets in substantially their present condition. Section 8. Grantee shall indemnify, save and hold the City of Beau- mont harmless from any and all liabilities, claims, judgments, — 4 " damages, costs and expenses whatsoever growing out of or resulting in any way from the maintenance or operation_of said railroad tracks, 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 render- ed against said City for any cause growing out of or resulting in any manner from the maintenance or operation of said railroad tracks, 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 satis- fy said judgment before and without said City doing so. Section 9. The term ttGranteett, as used in this ordinance .shall be construed to include said Gulf_, Colorado and Santa Fe Railway Company, its successors, assigns, lessees and other Railway Com- panies, now or hereafter having trackage rights over any of the tracks covered hereby. PASSED by the CitC until, .A. D. 1958. I, Jas, T. Garrard , City Clerk of the City of Beaumont, Texas, do hereby certify that the above and forego- ing copy is a true and correct copy of an Ordinance passed by the City Commission of the City of Beaumont on April 29 i958. GIVEN UNDER MY HAND AND SEAL OF THE CITY OF BEAUMONT, this the �1'day of April A.D.. 1958 City Clerk 4 .. Gulf, Colorado and Santa Fe Railway Company P. f --(1- G. E. SCHULER, Land and Tax Commissioner S..t WRIGHT, Asst. Land and Tax Commissioner T. J. MAGEE, Tax Agent Tax Agent J. G. LAWLER, JR., Tax Agent , p LAND AND TAX DEPARTMENT P. 0. Box 629 Galveston, Texas, May 29, 1958 Mr. James T. Garrard, City Clerk, City of Beaumont., Beaumont, Texas. Dear Sir: I have you herewith written acceptance of the Gulf, Colorado and Santa Fe Railway Company for ordinance passed by the City Council of the City of Beaumont in session held April 29, 1958, granting the Gulf, Colorado and Santa Fe Railway Company the right to use, maintain and operate tracks in, along upon, over and across certain streets in Beaumont, Texas. Voucher in payment of the $50.00 re- quired in Section 4 of the Ordinance is also at- tached. Yours truly, d & Tax Commissioner mkl Encls. cc - Messrs. L. M. Olson (Ct 10789) J: W. Murphy (Ct 3655) J. A. Nanning /S McLeod, Mills, Shirley & Alexander J � 6-Av. 2 --ee q_ /9's- F GALVESTON, TEW, Ihy 29, 19588 To the Honorable Mayor and City Council of the CITY OF BEAUMONT, TEXAS. The GULF', COLORADO AND SANTA FE RAILWAY 0014PANY hereby signi- fies and files in writing their acceptance of an ordinance passed by your honorable body on the 29th day of April, 1958: AN ORDINANCE GRANTING TO GULF, COLORADO AND SANTA FE RLU, WAY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE THE NORTH BRANCH OF ITS MAIN LINE TRACK OF STANDARD GAUGE, 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, TEAS, AND THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS SOUTH BRANCH OF MAIN LINE TRACK OF STANDARD GAUGE IN, ALONG, UPON, OVER AND ACROSS RAILROAD AVENUE, COLLEGE AND GILBER^1 STREETS, HOLMES AVENUE, MILLI STREET, ARCHIE AVENUE, FRANKLIN, BLANCHETTEq NECHES, PARK, ORLEANS, PEARL,. MAIN AND MARKET STREETS, OVER AND ACROSS A PUBLIC ROAD OR STREET.., AN EXTENSION OF FRANKLIN STREET, AND A PUBLIC ROAD OR STREET, AN: EXTENSION OF MILAM STREET, IN SAID C=, 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 IN ACCORDANCE WITH INHIBITS, AND REQUIRING SUCH OTHER DRAINAGE FACILITIFS`.AND WORK TO BE DONE AS THE ':CITY WGINEER MAY DIRECT; REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL, PRESCRIBING FEE TO BE PAID AND DESIGNATIlM WHEN THE SUM SHALL BE g'AID AND SETTING FORTH FORFEITURE PROVISION; MAKING SUCH FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NOW IN FORCE OR HEREAFTER TO BE ENACTED OR ADOPTED; PROVIDING FOR- FEITURE FOR FAILURE TO USE, MAINTAIN, OR OPERATE FOR A PER- IOD OF SIK (6) MONTHS, PRESCRIBING EFFECTIVE DATE AND DURA- TION OF.SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES, OTHER CONSTRUCTION OR MATERIALS WITHIN NINETY (90) DAYS AFTER. TEPJAINATION, AND THE PLACING OF SUCH STREETS IN SUBSTANTIALLY THEIR PRESENT CONDITION, AND PROVIDING IN- DEMNI^lY CLAUSE.": GULF, COLORADO AND SANTA FE RAIL14AY COMPANY :._ _ ,,; By -Tax Commissioner AN ORDINANCE AN ORDINANCE GRANTING TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY, A TES CORPORATION, ITS SUCCESSOR,'; 9 ASSIGNS AND LESSEES. THE RIGHT AND PRIVILEGE" TO MAIN- TAIN AND OPERATE THE NORTH BRANCH OF ITS MAIN LINE TRACK OF STANDARD GAUGE, IN, ALONG UPON, OVER AND ACROSS MAGNOLIA, LONG AND GRAND AV�NUES DTELLOW, PEARL AND PINE STREETS, AND A PUBLIC ROAD OR STREET WADING TO . THE CITY DUAL', IN THE CITY .OF BEAUMONT, JEFFERSON COUNTY, TEX.A.S, =D THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS . SOUTH BRANCH OF.MAIN LINE TRACK OF STANDARD GAUGE IN, ALONG, UPON, OVER AND ACROSS RAIL- ROAD AVENUE COLLEGE A.ND _GILBERT STREETS HOLMES AVENUE 14II.AM SMEE,� ARCHIE AVENUE FRAKIT-1i, BLAHHETTE 9 NCH S, PARK OR.LEAN6, PEARL, MAIN ...ND T STi TS OVER ANb ACR06S A PUBLIC ROAD OR STREET, AN EXTENSION 6F FUNK= STREET, AND A PUBLIC ROAD OR STREET, AN EXTENSION OF MILAM STREET, IN SAID CITY, PROVIDING REGULATIONS AND RESTRIC TIONS FOR THE USE OF SAID TRACKS; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND IN ACCORDANCE WITH EXHIBITS, AND REQUIRING SUCH OTHER DRAINAGE, FACILITIES AND WORK TO BE DONE AS THE CITY ENGINEER T,iAY DTRECT • RE- QUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) YDAfi OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNATING WHEN THE SUNS SHALL BE PAID AND SETTING FORTH FORFEITURE,, PROVISION, �MING SUCH FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NOW IN FORCE OR HER&UTER TO BE ENACTED OR, ADOPTED; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAINS OR OPERATE FOR A PERIOD OF six (6) MONTHS 9 PRESCRIBING EFFECTIVE DATE AND DURATION. OF SAID FRANCHISE; PROVIDING CANC.3LT ATIUN CLAUSES AND LA REQUIRING GRANTEE, UPON SUCH CANCELLATION TO REMOVE RAILS, TrES, OTHER OONSTRUCTI ON OR MATERIALS WITHIN NINETY (90 ) DAYS AFTER TERMINATION, AND THE PLACING OF SUCH STREETS IN SUBSTANTIALLY THEIR PRESENT CONDITION-, AND PROVIDING IN-- D:HITY CLAUSE, BE, IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF' BEAUMONT: Section to That the Gulf, Colorado and Santa Fe Railway Company ip hereby grantedthe right, franchise and privilege to maintain and operate at its own expense, its north and south branches of its main line track of standard gauge in, along, upon, over and across the aforementioned streets, avenues, and/or public roads, the center line of the north and south branches being described as follows: Said centerline of the north brance thereof enters the West line of Magnolia Avenue 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 and Pearl Streets, in, upon, along, over and across Pine Street, and over and across a public road or street, leading to the City Dump in said City to a point where the north branch of.said main line track leaves said public road or street and enters private property at said Company's Track Chaining Station 51+78.b.- Said centerline of the south branch of said Company's main line track begins at its connection in Railroad Avenue, opposite Lot b of Block 8 of Van :dormer's Addition to said City, with the main line track of Gulf, Colorado and Santa Fe Railway Company at said Railway Company's Track Chaining Station 4+11.0, which point of connection is 143.8 feet northwest- erly from the centerline of the East Texas Traction Company's crossing, as now or formerly located in the center of College Street of said City, and runs thence in a general southeasterly, easterly, north- easterly, northerly and northwesterly direction, in, upon, and along Railroad Avenue, over and across College and Gilbert Streets, Holmes Avenue, Milam Street, Archie Avenue, Franklin Street, in, upon, and along Blanchette.Street, over and across Neches Park Orleans, Pearl, Main and Market Streets, over and � across a public road or street, an extension of Frank- lin Street, and a public road or street, an extension of Milam Street, where the south branch of said main line leaves said road or street at said Company's - Track Chaining Station 49+80.7 and enters the property of The City of Beaumont, Texas, the location of said north and south branches of the wain line track of said Railway Company are as shown by red line on print C.E?G. No. C-22-22416, dated February 24, 19582 hereto attached, marked "Exhibit A" and made a part of this ordinance® Section 2. The tracks to be maintained and operated under this ordinance shall be used only for the purpose of loading, un- loading and/or switching to industrial tracks turning out of said north and south branches of said main line track serving commercial and industrial enterprises now or hereafter located in the vicinity of said tracks. The Grantee shall have the right to operate engines, trains and cars over said tracks so - 2 - as to further the interest for -vhi ch this grant is given, pro- vided that no engines, trains or cars of any kind shall be allowed to stand on any portion of said tracks located within a public street of the City of Beaumont, and provided further that all engines, trains and cars operated over said public streets shall be operated thereover in such a runner as not to unreasonably interfere with public traffic in, upon, along, over and across said streets or any portion thereof, and ex- cept insofar as is reasonably necessary in the movement and handling of cars on said streets, same shall be kept clear. Section 3. Gulf, Colorado and Santa Fe Railway Company shall, at its own expense, maintain and operate said railroad tracks in accordance with -the Charter and Ordinances of the City of Beaumont, now enacted or hereafter to be enacted. Furthermore, said Gulf, Colorado and Santa Fe Railway Company shall maintain such drainage facilities and do such other work at the direction of the City Engineer, in connection with the franchise herein granted, as shall in the opinion of the City- Engineer be desir- able. Section 4. The foregoing rights and privileges are granted upon the express condition that the grantee shall within 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 No/.100 Dollars ($50000) per antrum so long as this ordinance shall remain ® 3 in full force and effect, the payment to be made upon acc.epteance as aforesaid to cona'titute 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 there- of continues for thirty (30) day, thereafter, the rights and prir- ileges herein granted shall cease and terminate, Section This franchise is granted subject to all the provisions Of the charter and ordinances of the City of Beaumont now in ef- fect or hereafter to be adopted or enacted.. Section 6' If the Gulf, Colorado and Santa Fe Rail -way Company shall fail to use, maintain and operate said tracks for any period of six (61) months this ordinance shall become null and void and ful- 1y terminated.. Section 7. This ordinance shall go into force and effect .for a period of ten (10) years from and after the 25 day of June, 1958, pnl.ess Sooner terminated as provided herein, provided that the City of Beaumont may, in furtherance of plans regarding railroads with- in the City cancel this franchise upon six (6) months notice in writing given to grantee by grantpr of its intention to cancel same. Upon the termination of this franchise for any reason, grantee shall within ninety (;Ap) days thereafter remove from the Ptreets herein involved, all rails, ties and other construction Material and place such streets in substantially their present condition. Section $® Grantee shall indemnify, save and hold the City of Beau- mont harmless from any and all liabilities claims, Judgments, am , ens, costs Euld expenses whatsoever groi.,ring.; out of or resulting in any WaY from the Maintenance or operation of said railroad tracksn or the failure of the sa' d grantee to do and perform any of the same, or in any manager growing out of or resulting from the granting of this franchise, and should any judgwent be render- ed against said City for any cause growing out of or resulting tn any mAnner from the maintenance or operation of said railroad tracks, or the .failure of the said grantee to do and perform any of the same or in aqy manner growing, out of or resulting from the granting of this franchise, then grantee agrees to pay and satis- fy said judgment before and without said City doing so. Section e t®rui �PGrantee?'z �s usad in this ordinance shall be Construed to include said Gulf p Colorado and Santa ?e Railway Company, its successors, assigns, lessees and other Railvmy Com- panies, now or hereafter having trackage rights over any of the tracks covered hereby. PASSED by the City C¢uricil, tbs the�� dad- of .� A. D. 1958. °ayor T, ,Jas. T. Garrard , City Clerk Of the City of Beaumont, Texas, do hereby certify that the above and forego- ing copy is a tree and correct copy of an Ordinance passedby the CitY Commission of the City of Beaumont on April 29 - 1958. GIVEN UNDER MY HAND AIdD SEAL OF THE CITY OF BEAUMONT, this the 29thday Of April , A X. 1958 a 4Z:Lty- - 5 ",