HomeMy WebLinkAboutORD 18-A-1AN ORDINANCE
Whereby the City Council of the City of Beaumont grants
to, THE BE-U-h10.1TT,--SOUR -LAKE--& VIESTERN RAII!!�AY--C-OMP
its successors and assigns, the right to_ lay its
railroad tracks and operate its railroad over, along,
upon and across certain - public streets, alleys,
avenues and highways within the corporate limits of
the City of Beaumont, and imposes certain conditions
in respect thereto.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT:
SECTION I.
That THE BEAUMONT, SOUR LAKE & WESTERN RAILI'IAY
COMPANY in its own right and in right df its successors
and assigns is hereby granted the right of way for thor-
ity to construct, own, maintain and operate its railroad
and railroad tracks over, along, upon and- across the fol-
lowing public streets, alleys, avenues and highways
within the corporate limits of the City -of Beaumont as fol-
lows, to -wit:
1.
For one main line track from the western boundary
line of the city at or near a point on the said west
boundary line 92 7�feet south �o f the r fight_ o f wgy o f _the ___ _
'- Texas -&-New Orleans Railroad Company's railroad. from
_ Beaumont to Houston, running thence in an easterly direc-
tion to the west end of the yards of the Texarkana &
Fort Smith Railway Company.
2.
For one track along the alley which bisects -Blocks
Fifty-two (52) , Fifty-three (53) , Fifty-four (54) and
�. Pifty-five (55) of the Van wormer Addition, from the Tex-
arkana & Fort Smith Railway Company's yards on the west
to a connection Frith' the track of the Gulf ,& Interstate
Railway Company of Texas and the Gulf, Colorado & Santa
Fe Railway Company, opposite Block Twenty-two (22) of the
Van wormer Addition on the east.
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For two tracks along West Bowie Street from the yards
of the Texarkana & Fort Smith Railz=ray Company on the arrest
to the east line of Railroad Avenue on the east.
4.
For one track along the alley bisecting Blocks
Fifty-eight (58), Fifty-seven (57) and Fifty-six (56) of
the Van Wormer Addition from the yards of the Texarkana
& Fort Smith Railway Company on the arrest to the east line
of Railroad Avenue on the east.
5.
For one track on Fannin Street from the yards of the
Texarkana & Fort "Smith Railwgy Company on the _west to the
east line of Railroad Avenue on the east.
6.
1 For one track along East Bowie Street, beginning at
the west boundary line of Sabine Street, running thence
east along Bowie Street to Main Street, across main Street
and across Travis Street and across Cypress Street in the
most practicable manner to the property heretofore known
as the property of -the Texas Tram & Lumber Company on the
Neches River.3 ..
7.
For one track at or about the intersection of Avenue
C with the west end of Crockett Street to a connection
with the tracks of the Texarkana & Fort Smith Railway Com-
pany at the Northwest end of the yards of said Company.
8.
For one track east of and adjoining, and practically
parallel to the northeast boundary line of the yards of
the Texarkana & Fort Smith Railway Company, crossing the
alley which intersects Block Fifty-two (52) and cross-
ing Avenue A and Bowie Street near the intersection there-
of, and crossing the alley which intersects Block Fifty-
eight (58) and crossing Bibb Avenue near where the same
intersects Fannin Street.
9.
For one track on Fannin Street beginning at the East
boundary_ line of Railroad Avenue-;-andrunning thence--e-as-t- - --
along Fannin Street to the east end thereof, and thence
to the Neches River; provided it is not intended hereby to
grant to said Railway Company the right to occupy both
that part of Bowie Street described in paragraph six
above, and also that Part of Fannin Street described in
this paragraph, and the said Railway Company is required
s to elect between said streets at said pdints,and .file
in the office of the secretary of this city, within ten
months after the final passage of this ordinance, and be-
fore laying its track on either street between the points
mentioned, an instnunent signifying which of the two said
streets kt said points, it elects to occupy, and thereupon
the right of way over the street not so designated shall
be deemed abandoned.
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10.
For one track along the alley
Forty-seven (47) Forty-six (46) and
Van wormer Addition beginning at or
line of Avenue C opposite and west
Avenue B and Avenue A, to the nest
Avenue.
intersecting Blocks
Forty-five (45) of the
near the Nest boundary
of said, alley, crossing
boundary line of Bibb
11.
With the right to-cro,ss and intersect all alley,
streets, avenues and highways over which the rights of way
above described are granted,
SECTION II.
That no or making. up or dividing trains shall.
be done on East Bowie Street or Fannin Street between
Orleans Street and. Miain Street.
SECTION III.
The obligation is hereby imposed upon said Railway
Company from time to time as required by the C-ity Council,
to surface any and -all tracks laid on any of the streets,
alleys, avenues or .public highways, the right of vray over
' which is hereby to the grade leveof the street
� Y � -ranted� r
with sand, crushed rock, shell, brick, or other suitable
t material, as the City Council may direct; and in the event
that at any time the city may undertake to,construct public
"Al sewers underground, intersecting any such track or tracks,
the Rail�ray Company shall be bound to pay for so ima.ch of
said sewerage as underlies such track or tracks intersected
Dy such public sewer, and the Railway Company likewise
shall be liable to construct, build and maintain such ditches
and culverts as may be directed by the City Council. The
pot -tions of such streets, alleys, avenues or public highways
occupied by said iailway Company, and -in respect to which
the foregoing obligations and all other obligations are
hereby imposed, shall be'deemed to mean all that portion of
S the street between the rails of said tracks, and extending
twelve (12) inches beyond theouter edv of the rails of
' __- -sudn- track-s`,f and between main trackd." de -tracks and turn-
outs.
SECTION IV.
The right of way for the tracks above described is
intended to mean and be limited to the right of way for a
single track except where right of way is granted for
double tracks.
Single tracks shall be laid as nearly as practicable
i. to the center of the street, and double tracks shall be
constructed as nearly as practicable on 15 ft. centers
equidistant from the center of the street; provided it
is nat hereby intended to prohibit the approaching
crossing or departure of tracks on any of said streets,
alleys, avenues or highways on necessary curvatures,
A--`-qo(�
but so soon as said tracks,,attain the point of tangency
thereafter, such tracks on tangents shall be constructed
as nearly as practicable to the center of the street.
SECTION V.
The said Railway Company, its successors or assigns
shall take the rights and franchises herein granted, sub-
ject to the provisions of the present charter of the
City of Beaumont, and of any amendment which. may hereafter
be made thereto, _ and _subject_ _to the_ o_rdinanc es of said
city now in force, or which may hereafter be adopted; pro-
vided_ that upon and after the construction of said rail-
road, its fights, franchises and privileges derived from
this ordinance shall be irrevocable for a period of fifty
years from the final passage of this ordinance, for which
length of time said rights, franchises and privileges are
hereby granted; and provided further that in the event the
City of Beaumont shall decide at any time to pave, repair
or improve the said streets, alleys, avenues or highways
over which the right of way above described has been granted
or any of them, the said Railway Company, its successors
or assigns shall be required to pave, repair or improve
only so much of said street as is'oecupied by the track of
the Railway Company as that space is hereinbefore described.
SECTION VI.
The rights, authorities and privileges hereby ordain-
ed and granted to The Beaumont, Mar Lake & western Railway
Company its successors and assigns shall subsist and be
vested in The Beaumont, Sour Lake & western Railway Com-
pany, its. successors and assigns for a period of fifty
years from the date of its final passag by the Council.
SECTION VII.
The rights, franchises and privileges hereby granted
to the said Railway Company are subject to the following
conditions only;
1. That the said. Railway Company, its successors
or assigns shall construct its said railroad tracks over
and along the st e ts, alleys, avenues and highways, the
right of way^ ieby granted, l,,rithin a period of one year
from the final passage of this ordinance, and in respect to
any street, alley, avenue or public highway, the right of
way over ,,rhich is hereby granted upon and over which the
Railway Company shall not construct its said track within
said period of one year from the date of the final passage
of this ordinance, it shall be deemed that the said right of
way has been aband6ned; provided that the said period of
one year hereby afforded to the Railway Company for the
construction of its tracks along, upon over or across
any of said streets, alleys, avenues or public highways,
shall not include and shall be additional to any period
of time during the course of which the right of -said
Railway Company to occupy or construct its railroad on
said street shall be hindered or prevented or interrupted
by litigation in respect thereto.
2. That- The Beaumont I Sour Lake & western Railway
Company shall within thirty days meter the final pasage
of this ordinano _e,___fa.If— -wi.tL the--s.ec-retar.y of the =City
of Beaumont, an instrwilent in writing accepting the benefits
of this ordinance upon and subject to the terms thereof.
SECTION VIII
The provisions of this ordinance shall take efeet
and be enforced subject to the conditions thereof from
and after its final passage.
Oka 4-4-1
The State of Texas, )
County of Jefferson.) .
Whereas the .City Council of the City
of Beaumont in the County of Jefferson, State of Texas,
has heretofore to -Frit, on January 16th,1906, passed, -or-
dained and enacted a certain ordinance, the same being
"AN ORDINANCE
Whereby the City Council of the City of Beaumont grants
to THE BEAU141ONT, SOUR LAKE & WESTERid RAILWAY COMPANY
its successors and assigns, the right to lay its rail-
road. tracks and operate its railroad over, along,
upon and across certain public streets, alleys, ave-
nues and highways within the corporate limits of the _
City of Beaumnnt, and imposes certain conditions
in respect thereto.',
Now therefore in consideration of the premises and of
,the terms and stipula.t..oPs of said ordinance, The Beaumont;
:Sour Lake & w0stern Railway Company, does:. -hereby -accept the
benefits of the aforesaid ordinance upon and subject to
the terms thereof.
In testimony whereof witness the signature of The
Beaumont, Sour Lake & western Railway Company' by its pres-
ident, attested by its secretary with the corporate seal
attached;,, this 17th day'so'r January, 1906.
�. ' • '_ '_. HE BEAUMONT , SOUR LAKE & WESTERN RAILWAY COMPANY
By
=A 9, President.
_ S eb-fe t ary .x
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