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Home My WebLink AboutORD 15-K- Z, AN ORDINANCE qs-g GRANTING TO THE TEXAS AND NEW ORLEANS RAILROAD COMPANY; ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD, -CONSTRUCT AND OPERATE OR T0: CONTINUE TO -OPERATE ITS.PRESENT-INDUSTRY TRACK OVER AND ALONG.LAVACA STREET _=-A LOUISIANA STREET, AS SHOWN ON ATTACHED BLUE PRINT, WHICH TRACK SHALL BE USED -ONLY AS AN INDUSTRY TRACK, WHICH RIGHTS SHALL BE ACCEPTED BY SAID COMPANY IN THIRTY (30) DAYS AFTER.PASSAGE HEREOF, AND PROVIDING THAT FAILURE TO CONSTRUCT THE - TRACK WITHIN THREE (3) M014THS HEREAFTER OR FAILURE T0`--USE-THE SAME FOR A PERIOD OF SIV (6) MONTHS SHALL TERMINATE THIS GRANT; ALSO PROVIDING THAT . THIS -GRANT -SHALL - B.E FOR THE` PERIOD OF TEN (10) YEARS FROM THE PASSAGE HEREOF, -AND-THAT THE:GRANTEE SHALL PAY TO THE'CITY OF BEAUMONT THE SUM OF -TWENTY-FIVE DOLLARS ($25.00) UPON PASSAGE HEREOF AND TWENTY-FIVE DOLLARS ($25-.00) EACH YEAR ON THE FIRST-DAY OF JULY DURING THE EXISTENCE OF THIS ORDINANCE; AND PROVIDING THAT THIS FRANCHISE IS SUBJECT TO ALL THE TERMS AND CON- DITIONS -OF THE BEAUMONT CITY CHARTER. BE IT. ORDAINED BY THE CITYCOMMISSIONOFTHE CITY OF BEAUMONT, TEXAS:: Section -l. . The Texas'and New -Orleans Railroad Company, its successors and assigns,- are hereby granted the right -and franchise'to lay, build, construct, maintain and -operate -at its own expense, a standard guage railroad track over'and-along Lavaca.Street at' Louisiana Street, in the City of Beaumont; Texas, therein as follows: Beginning at the -intersection of the center line of the Texas and New Orleans Railroad Company's track former- ly known as the Wiess Coal and Wood Spur, with the easterly prolongation of the north _line of Louisiana Street in Lavaca Street; Thence northerly.along and over Lavaca Street, four - hundred ninety three (4931) feet to the south boundary of property. -of the Neches Lumber -Company, or assigns, as is shown.by red line -on' -map -hereto attached, and made a part hereof. - Section 2. The track to be laid, built; constructed, maintained, and operated under this ordinance shall be used only as an industrial track, that is, -for loading, unloading. -and -switching facilities - to commercial and..industrial:enterprises now or -hereafter located in the vicinity of said. track. No cars of any kind shall be allowed to stand on any portion of said track which is in a pub- lic street -in said City. Section 3. The Texas and New Orleans Railroad Company shall, at its o_wn expense, construct and maintain suitable ditches and culverts for the purpose of properly draining all streets and alleys along and over which said trackage is authorized to be laid, insofar as�the drainage -thereof may be interferred with by such tracks, embank- ments or other structures hereby_ authorized, and shall, at its own expense whenever required to do.so by the City of Beaumont, pave between the rails'of said track and for a distance of two feet on each side thereof, and construct and maintain, at its own expense at any time desired by the.City of Beaumont, good and sufficient crossings at intersections of all streets crossed thereby, with easy approaches thereof, which crossings, approaches, pavements, etc., shall be done under the.direction.of the City Engineer. Section 4. The foregoing rights. and. privileges are granted upon the ex- pressed condition that'the grantee shall within thirty (30) days after passage -and approval of this ordinance, file with the Clerk of the,City of Beaumont, its written -acceptance hereof. Section 5. .. Onless.the-Texas and New Orleans Railroad Company, its suc- cessors and assigns, shallconstruct, build, lay and complete (if not already 'done) the_ trackage herein contemplated .within three (3) months after final passage and acceptance hereof, or if such Company shall fail to use, maintain -and operate said track for any -period of six (6) months, this Ordinance shall be- come null and void and fully terminated. Section 6. This Ordinance and the rights and privileges herein.gr�2nted are subject to all the terms, provisions and conditions of the Charter of the City of Beaumont, and -said privileges and fran- chises hereby granted shall continue in force for a period of ten (10)r;=years from and after the date of acceptance hereof and upon the conditions herein stated. Section 1. As a condition of securing and maintaining the rights herein granted, the grantee, its successors and assigns, shall in addi-. tion to the other requirements hereof,'pay to the City'of Beaumont upon the taking effect of this ordinance, the sum of Twenty-five Dollars ($25.00), and thereafter during the life hereof shall pay- to ayto the City of Beaumont a like amount oh'July lst o.f each and every year., if such sums be not paid when due and if default - in the payment thereof continues for thirty (30) days thereafter, the rights and privileges herein granted.shall cease and terminate, and within ninety (90) days thereafter the grantee, its successors or assigns, shall remove from the streets- hereby affected., all rails, ties or other construction or materials, and shall place such streets affected thereby in first class condition. Passed by the affirmative vote of all. members of the City Commission, this the day of _Y , -A. D. 1933. Aym., Cvty.of Beaumont, Texas. TO TM HONORABLE MAYOR AND C =SSIONERS OF Tial CI'T'Y OF BI{' U'i:OTU; 1ET-4S. GM1 q-:IEJ:1: r _ f Y Your Petitioner, the Texas and Derr Orleans Railroad Company, respectfully represents that it has constructed and has maintained for many years a spur railroad track in the City of Beaumont Texas, a portion of -which, as hereinafter described has been maintained and operated by virtue of an ordinance, dated _April 2, 1918, tlrhich has expired by its term. The portion of said track covered by said ordinance being described as follows: Beginning at the intersection of the center line of the Texas and Herr Orleans Railroad Co_iVany's track forinerly knoi-n as the +Jiess Coal and Wood Spur, with the easterly.piolongation of the north line of Ash Street in Lavaca Street; thence northerly along and over Lavaca Street, four hundred ninety three (4931) feet -to the- south boundary of. property of the-:-- Neches he ::Neches Lumber Company, or assigns, as is shocm by, red line on map hereto attached, and _.jade a part hereof. As it is essential for -the proper conduct of your Peti- tioner's operations that it continue to naintain said track as presently located and to operate its engines, trains and cars thereover, it is therefore requested that such right, privilege and franchise as may be necessary to continue the maintenance and operation of the above described portion of said track be granted it and any and all ordinances required be passed and approved in the manner lrescribed by the charter of said C i ty. = ,,M0T LILLY-SUB11!TBD, this- -day .of. A.D. X933; TEAS _ ' 1'�rL`7 ORLE U S R � ILROAD COP:PAPY By .t General IJanager. >