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Home My WebLink AboutORD 38-EEGar v P & 10 _ 38 EE AN ORDINANCE -ENTITLED AN ORDINANCE GRANTING GULF, COLORADO AND SANTA.FE RAILWAY COMPANY A FRANCHISE RIGHT TO MAIN- TAIN AND OPERATE AN INDUSTRIAL SPUR TRACK IN, UPONS _ OVER -AND- .ACROSS' JIROU STREET IN McFADDIN t S FIRST ADDITION TO THE CITY..OF.BEAUMONT, AS -SHOWN -BY EXHIBIT ATTACHED TO THE ORDINANCE; PROVIDING ALSO THAT SAID TRACK IS AND SHALL -BE USED ONLY AS AN INDUSTRIAL SPUR TRACK; -PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS; PROVIDING CANCELLATION CLAUSES AND REQUIR- ING GRANTEE:, UPON SUCH ;CANCELLATION,. TO REMOVE RAILS, TIES AND OTHER. CONSTRUCTION OR MATERIALS WITHIN NINETY (90). DAYS AFTER.TER14INATION AND THE PLACING OF SUCH'PROPERTIES AND STREETS IN FIRST- CLAS& CONDITION; AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE_ ACCEPTED , IN NRITING BY. GULF, COLORADO AND. SANTA FE RAILWAY COMPANY I,1ITHIN THIRTY (30) DAYS - AFTER THE PASSAGE .AND APPROVAL OF_THIS ORDINANCE•'ALSO PROVIDING THAT -GULF, COLORADO.AND SANTA FERAILWAY C01V11PANY SHALL PAY. TO THE CITY OF .BEAUMONT ANNUALLY ON THE FIRST- DAY OF JULY 0 F EACH YEAR THE SUM OF_ FIFTY AND N0/100 DOLLARS ($50.00) AS REASONABLE COT,12ENSATION FOR THE PRIVILEGE AND FRANCHISE HERE-, BY GRANTED, AND PROVIDING FURTHER -THAT THE FRAN- CHISE SHALT, BE SUBJECT TO THE TERMS AND CONDITIONS. OF THE CITY CHARTER OF THE CITY OF BEAUMONT.AND SHALL EXIST -FOR A PERIOD. OF TEN (10) YEARS FROM AND AFTER July 22, 1962., BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1-.- That-the Gulf, Colorado and Santa Fe Railway Company, its successors and assigns, is hereby granted the right, fran- chise and privilege to maintain and operate at its own expense, a standard guage..industrial railroad spur track upon and across Jirou Street, as -'-shown by red line on map hereto attached and made a part :.hereof, and designated as '?Exhibit All, the center- line of said track being described as follows: _ ??Said centerline turns out of said Railway Company's present industry track No. 65 which runs along the centerline of Jirou Street at a point approximately 20 feet North of the North line of Ashley Street and runs thence Northeasterly on a curve to the right, crossing the Easterly one half of said Jirou Street, and enters said Railway Companyts property in Lot 6, Block 3 of McFaddin°s.•First Addition..at a point approximately.•10...feet North of the South- west corner of said Lot 6, i.vhi ch is also the Easterly -line of -said Jirou Streetff-. 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 spur track; . that is', for the purpose of affording loading, unloading and switching facilities to,commercial and industrial enterprises now located or hereafter. to be located in the vicinity of said track. The Grantee 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 located upon the p roperty ;of the City of Beaumont or located within a publi.c,street of -the -City of Bleaumont, and, provided further, that -all engines and cars operated over said public streets shah. be operated thereover in such man® net as not to.unreasonably interfere with public traffic upon and along or across said streets or any portion thereof, and, except insofar as is reasonably necessary in the movement and handling of cars on said streets, same shall be kept clearo- Section 3.. If Gulf, Colorado and Santa Fe Raiff -way 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 lE . 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 22nd day of July, 1962, unless 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 Grantee by Grantor of its intention 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 ( G(. 3 (f 6 c.. "I--�7-1��-Z. of the City of Beaumont, cancel the franchise herein granted upon like notice to Grantee as aforesaid. Upon the termina- tion of this franchise for any reason Grantee shall within ninety (90) days thereafter remove -from the properties and streets involved herein, all rails, ties and other construc- tion 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 Grantee shall, within thirty (30) days after the passage and approval of this Ordinance, file with the City clerk of the City of Beaumont its written acceptance of this Ordinance. Section.6. As reasonable compensation for the rights and privi- leges granted by this Ordinance, Grantee agrees and obligates itself and its successors and assigns, to pay to the City of Beaumont on or before the first day of July of each 'year after the takin§ effect of this Ordinance, the sum of Fifty and No/100 Dollars (00.00). PASSED by the City Council, this the day of 1962. - MAYOR - MUM a � E City Clerk of the City of Beaumont, Texas, do hereby certify that the above and foregoing 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 SEAL OF THE CITY OF BEAUMONT, this the day of 1962i A City Clerk. ® 4 we ►net. i II � 11 e N ° 15 I _ i —�� ►� r ?' Q ' 00 -MAR 1 N G T & o LOWER z ��.,?N24 I t "7D- tq._�A?VCr81Nui [p 17 +65.7 16S J I RO 11 STR E ET_ �r��• �� f.�A� X2Y'' M I 1 \ / to N —Its 6"San Srtve, C .,Ir. 3/491. V /1-1 �V_?_o / N01. / C:: I 1!0� 1 1. f 81 N_DRY _ �p ro Met. i rJ + J 00 } � - P► Shoe} Mef� -. x ! o rc �. . . _e'v C Sal/ L x O O \ w .o g CD t3 x E G.C. 5 NF N n or. J ' Y ----- ARCIN.Ci ,(� =176_. cJ-zJ{ Stceraga .AEA Na300 ,8 'sz_:. e .. k�. LOTTO 9 C9 O \ 8 r' PRESS03 y.� -- i � o T \� •.fix. a 4,,>' _ - - . � � hqo �P ��D 3-4628 /'!"••'. �. CNN lvd 465.7 J.. 40. Jr G - / 1 5 • it 11 �:. EXHIBIT A ` ATTACHED TO A FRANCHISE FROM / CITY OF BEAUMONT TO �.a GULF, COLORADO AND SAN IA FE RAILWAY COMPANY j 00 FOR 0w INDUSTRY TRACK IN JIROU STREET QD« AT z BEAUM0NT,JEFFERSONCOUNTY,TEXAS Li o C.E.O.GALVESTON,TEXAS SCALE:I"=100 (r MAY 16,1962 - e~ APPROVED IDENTIFIED FOR CHIEF ENGINEER a `r L: ' U m G -19-23363 C.E.G.No.0 a ,