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HomeMy WebLinkAboutORD 36-EEAN ORDINANCE ENTITLED AN'ORDINANCE GRANTING GULF, COLORADO AND SANTA FE RAILWAY C01v1PANY AND THE. GULF AND INTER -STATE RAILWAY COT%1PANY OF TEXAS A FRANCHISE RIGHT .TO MAINTAIN AND OPER- ATE AN INDUSTRY TRACK FROM A POINT ON THEIR MAIN LINE TRACK AT CHAINING STATION 3697+58.2 IN BLOCK NO. 44 OF THE VAN WORMIER ADDITION TO THE CITY OF BEAUMONT, RUNNING NORTHEASTERLY ACROSS VICTORIA AVENUE DOWN WHAT IS COM- MONLY KNOWN AND . DESIGNATED AS tf JEFFERSON ALLEY", ENTER- ING SAID ALLEY.AT THE NORTHEASTERLY LINE OF VICTORIA AVENUE BETWEEN BONHAT,I AND CROCKETT STREETS AND CONTINU- ING DOWN JEFFERSON- ALLEY .ACROSS RAIT,ROAD AVENUE AND HOLIUIES AVENUE TO THE SOUTHWESTERLY LINE -OF ARCHIE AVE- NUE, A DISTANCE OF 1179 FEET IN ALL, AS IS SHOWN BY THE PRINT ATTACHED TO THE ORDINANCE i PROVIDING ALSO THAT SAID TRACK_ IS AND SHALL .BE USED ONLY AS AN IN- DUSTRY.*_TRACK; PROVIDING FORFEITURE.FOR FAILURE TO USE, -MAINTAIN OR OPERATE FORA PERIOD OF SIX (6) MONTHS; PROVIDING CANCELLATION CLAUSES AND -REQUIRING GRANTEES, UPON SUCH CANCELLATION, TO REMOVE RAILS,. TIES AND OTHER CONSTRUCTION, OR MATERIALS i ITHIN NINETY (90) DAYS AFTER TERMINATION AND.THE PLACING OF SUCH.PROPERTIES AND STREETS IN FIRST CLASS CON- DITION; AND PROVIDING.FURT ER THAT THE RIGHTS AND PRIVILEGES.HEREIN.GRANTED SHALL BE ACCEPTED IN WRIT- ING BY GULF, COLORADO AND SANTA FE RAILNTAY _ COMPANY AND THE GULF AND INTER -STATE RAILWAY CO12ANY OF TEXAS WITHIN THIRTY (30) DAYS AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE; ALSO PROVIDING THAT GULF, COLORADO AND SANTA FE RAILWAY COMPANY AND TIE GULF AND INTER- . STATE RAILWAY COMPANY OF TEXAS SHALL PAY TO THE CITY OF BEAUMONT ANNUALLY ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM OF FIFTY AND NO/100 DOLLARS ($50.00) AS. REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRAN- CHISE HEREBY GRANTED, AND PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUBJECT TO THE TER1,15 AND CONDITIONS OF THE CITY CHARTER OF.THE CITY OF BEAUMONT AND.SHALL EXIST FORA PERIOD OF TEN (10) YEARS FROM AND AFTER_. JUNE 14THs 1962. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Gulf, Colorado and Santa Fe Railway Company and The Gi'ilf and Inter -State Railway Company of Texas, its and their successors and assigns, are hereby granted the right and franchise to maintain and operate at their own expense a standard gauge railroad track across Victoria Avenue and over, along and upon Jefferson Alley in said City of Beaumont, beginning at a point on the main track of The Gulf and Inter -State Railway Company of Texas at Track Chain- ing Station 3697+58.2 in Block 44, Van Wormer Addition to the City of Beaumont, Texas, and running Northeasterly on a 20 degree curve to the left, 188.0 feet to the end of said curve, crossing Victoria Avenue and entering said alley at the Northeasterly line of Victoria q 62- Avenue between Bonham and Crockett Streets, continuing tangent down the center line of said alley 991 feet. across Railroad Avenue and Holmes Avenue to the Southwesterly line of Archie -Avenue, 1179 feet in all, as shown on print attached hereto, marked ttExhibit A" and made a part hereof, the line of said railroad track being indicated by red line drawn, -on said print. Section 2. The track now on said -right of way which is to be maintained and operated under the terms. and conditions of this Ordinance, shall be used only as an industrial track; that is, for the purpose of affording loading, unloading and switching facilities to commercial and industrial enterprises now locat- ed or hereafter to be located in the vicinity of said track. The Grantees shall have the right to operate engines and cars over said track 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 locat- ed upon the prop:er-ty of the City of Beaumont or located with- in a public street of the City of Beaumont, and, provided fur- ther, 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 inso- far as is reasonably -necessary in the movement and handling of cars on said -streets, same shall be kept clear. Section 3. If Gulf, Colorado and Santa Fe Railway Company and The -Gulf and Inter -State Railway Company of Texas shall fail to use,.maintain and operate said ,track for any period of six (6) months, this Ordinance shall.become null and void and ful- ly_. erminatedm Section 4. This Ordinance and the rights and privileges therein granted are subject to all of the terms and provisions.of the Charter of the City of Beaumont., and said privileges and fran- chise hereby granted shall continue in force and effect for a period of ten (10) years from -and after the 14th day of .June, 1962, wzless'sooner terminated 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 Grantees by Grantor of,.its inten- tion to cancel same, and provided further that the City of Beaumont may, in furtherance of the plans and recommendations of the City Planning Commission, or the City Planning and Zoning Commission of the City of Beaumont; cancel the fran- chise herein granted upon like notice to Grantees -as aforesaid. Upon the termination of this franchise for any reason Grantees shall within ninety (90) days thereafter remove from the prop- erties and streets involved herein, all rails, ties and other construction or materials and place such properties and streets., in first class condition. Section 5. The foregoing.rights and privileges are granted upon the expressed condition that the said Grantees shall,.within- thirty (30) days after the passage and,approval of this Ordi- nance', -file with the City Clerk of the City of Beaumont their written acceptance of_.this.,Ordinance.- Section 6. As reasonable compensation for the rights and privi- leges granted by this Ordinance, Grantees agree and obligate themselves and their successor's and assigns, to pay to the City of Beaumont. on or before the first day of July of each year after the taking. effect of this Ordinance, .the sum of Fifty and No/100 Dollars ($50.00). PASSED by the City Council, this the day of d 1962. - MAYOR - P. -P? City Clerk of the City of Beaumont, Texas, do hereby certify that the above and fore- going is a true and correct copy of an ordinance passed by the City Council of the City of Beaumont in session held 1962. GIVEN UNDER MY HAND AND SEAS, OF THE CITY OF BEAUMONT, this the day of , 1962. City Clerk. R R :AV E. r � 1 ems. jti� per,•' ��; r. 717 n �� �L 3.�_: �•� l� E " r .,[.�v _,tr..n' _1JL1. F DS - .r;��f to h AC r^ ��1 t P. ti•.y �> td•°J�...�,¢m�<µ .IPA, t `J GREit v 'E F brick El corr. meiolvrl-,Ie f LO ✓' . ✓' LUAriHER t; O FI! 1 1 MOW j GLIF 5-7 10 r% 6� • 9 ;.moo.:__.. % • . J � �,� � �r.. �_ N.8. C014�PAlwY � •s:: ' I I 24 A A G H . b f-SUPPLY _ i -- - ---- ! . • , - _- - - - �i I � � _ " 1i ; irk p' .•i,a•• <� r � c � I I . 1 4f. CROCKETT ST. rn rn - I Ea� { I � j i A I I CV 7 { 7 '- M i irn ,� !J►�o,C/��,�'� j`����i Tian D M C m 2 ;t (Ji p+ GA �P...' ��', (/�, .a+wr�f^- i---o...�-+w+----^..w �.. .— Cr• ]�- C � -, _�-- F'iv.�.. •:r�+.+,+:.s*.•�..wvs...a --c-- 17 1 p_ I 'Mtvt�t?1W..�a1�.y�Ma%.�� .ra�:r_�waryr-sr_JL':..JG f q;V ..:ti1Cl ,o4-a,® .e ..--.- _—_ !J p �y;� ,�•C - hvsanFNw 4biTayssaos � wtnM�lFa +.i�pNc.r4.µi a� � m _.+.u-_. a -.- - .� �- � r �.— - � _ _•"`O_ .5 l �.!..1.i'.. 11 it ff EXHIBIT A ATTACHED TO FRANCHISE FROM z5� GI`fY OF BEAD MONT I TO GULF COLORADOAND SANTA FE RAILWAY COMPANY AND THE GULF AND INTER -STATE RAILWAY COMPANY OF TEXAS \ �= FOR ii,1D1-1 S71 RY 'AF-ACK iN JEFF ERSON ALLEY m AT l3EAUMONT. JE.FFE� SON COUNTY, TEXAS C.E.O-GALVESTON,TEXAS SGALE' It'=i00' ! MAY 16, 1962 APPROVED IDENTIFIED, - •"-� FOR CHIEF ENGINEER " , .a C.E.G, No. C-19 - 2 3 3 61