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HomeMy WebLinkAboutORD 16-KAn extension Westerly across Main Street of that . certain railroad track, known as the Langham Track, beginning' at the intersection of the center of said track and the -east line of Main Street, which is also the Southwest line of Block 25, approximately thirty seven -(371) feet N. 390 351 W. from the center of the main track of the Texas and New Orleans Rail- road Company; Thence Westerly across Main Street and entering Block 15.at a point approximately 37.5 feet, N.-590 351 West from the center of said Main track, as 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 por tion ' of said track which is in a public street in said City. Section 3 The Texas and New -Orleans Railroad Company shall at its own 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 )Fe interferred with by such tracks, embankments or other structures Ifereby authorized, and shall at its own expense k 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 there- of, and construct and maintain at its own expense at any time desired by the City of Beaumont, good and sufficient crossings at- intersections-- 2' AN -ORDINANCE- GRANTING TO ' THE- TEXAS AND NEW ORLEANS RAILROAD COMPANY ITS. SUCCESSORS. AND ASSIGNS,THE. RIGHT TO BUILD, CONSTRUCT AND OPERATE OR TO CONTINUE.TO OPERATE ITS PRESENT INDUSTRY TRACK -ACROSS MAIN--STREET.IN THE CITY OF-BEAUMONT., TEXAS, NEAR, THE INTERSECTION OF - PINE - STREET, ' AS SHOWN BY- BLUE PRINT ATTACHED, 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 PRO- , VIDING THAT(FAILURE TO CONSTRUCT THE TRACK WITHIN THREE (3) MONTHS HEREAFTER OR�FAILURE TO=,USE THE SAME FOR A PERIOD OF SIX (6) MONTHS SHALL TERMINATE THIS GRANT; ALSO PROVIDING THAT THIS GRANT SHALL BE 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 TU'•iENTY-FIVE DOLLARS ($25.00) EACH YEAR .ON THE -FIRST DAY1OF JULY DURING THE EXIST- ENCE OF THIS ORDINANCE, AND -PROVIDING THAT THIS FRANCHISE IS SUBJECT TO ALL THE -TERMS -AND -CONDITIONS -OF THE BEAUMONT CITY CHAPTER.. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1 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 gauge railroad track across Main. Street in the City. of Beaumont near the intersection of Pine Street, as follows: An extension Westerly across Main Street of that . certain railroad track, known as the Langham Track, beginning' at the intersection of the center of said track and the -east line of Main Street, which is also the Southwest line of Block 25, approximately thirty seven -(371) feet N. 390 351 W. from the center of the main track of the Texas and New Orleans Rail- road Company; Thence Westerly across Main Street and entering Block 15.at a point approximately 37.5 feet, N.-590 351 West from the center of said Main track, as 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 por tion ' of said track which is in a public street in said City. Section 3 The Texas and New -Orleans Railroad Company shall at its own 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 )Fe interferred with by such tracks, embankments or other structures Ifereby authorized, and shall at its own expense k 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 there- of, and construct and maintain at its own expense at any time desired by the City of Beaumont, good and sufficient crossings at- intersections-- ydp�` 4". of all streets crossed- thereby, with easy approaches thereto, 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 expressed "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 _ Unless the Texas and New -Orleans Railroad Company, its successors and assigns, shall .construct, 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 become null and void -and fully terminated. Section 6 This ordinance and the rights and privileges herein granted are -subject to all the _terms, provisions- and ,conditions of the Charter of the City of Beaumont, and said privileges and franchises hereby granted shall continue in -force for a per' od` of ten -(10)- years from and after(the date of .acceptance hereoRand upon the conditions herein stated,-. 4` Section 7". As a condition of securing and maintaining the rights herein granted, the, grantee,. its su-ccessors and assigns, .shall in addition to the other requirements hereof, pay to the City of Beaumont upon the taking effect of this ordinance; the- sum -of {;1 Yo -Twenty-five Dollars ($25.00)-,, and thereafter during the life hereof shall pay to City of -Beaumont a like amount on July lst.of-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 ',3 1:4- day of Oc��-:-- ,-1933. d� or; Cit of Beaumont,. Texas. TO L HONOI3Ai= HkYOB Alr? C0;'"rLI>:SIOI�r�l�S 031P I= CITY OI+ BEAL :.Oil?T, TE Y4S. =T, ,71fj_,Eia,l+. Tt: l U X933 Your Petitioner, the `texas and New Orleans Railroad Comp`ny, respectfully represents that it has constructed and has main- tained for many years a spur railroad track it the City of Beaumont Texas, a portion of which as hereinafter described has been r.aintained by virtue of an ordinance, dated June 19. 1906, which has expired by its terra. Said track being described as follows: An extension l;esterly across 11hin Street of that certain railroad -'crack, knom as the Lengha-a Track, beginning at the intersection of the center of said track and the east line of T.tin Sti eet, trhich is also the Soi thwest line of Block 25, approxi!-�ately thirty seven ( 374) feet H. 391354 from the center of the main track of the Texas and New Url::ans Railroad Company; Thence ti:iesterly across i:-�in Street and enter- ing Block 15, at a point approxiaately 37.5 feet, Hi 39° 354 ;`lest from the center of said :gain track, as shawn b;.- red line -on map hereto attached, and Wade a pert hereof. ps it is essential for 'the proper conduct of your Betitioner4s operations that it continue to naintain such track as presently located, and to operate its engines, trains and cars there- over, it is therefore requested that such right, privilege and franchise as Amy be necessary to continue the .aintenance and operation of said track across i::ain Street be granted it, and any and all ordinances red aired be 1.3assed and appioved in the manner prescribed by the charter of sai d Cit y. ,i!;SPEC'iTU`LLY-,UBI'.'1`ifED, this day A.D. 1933. 1 YI�" -A-M7 i ORLL:�I`c •S 1, A INROAD CO':� nC1Y By Ge�.erai �:`an�ger.