HomeMy WebLinkAboutORD 18-K&A. /?"'�
AN ORDINANCE
GRANTING TO THE TEXAS AND NEW ORLEANS RAILROAD COMPANY, ITS
SUCCESSORS AND ASSIGNS,.THE RIGHT.TO BUILD; CONSTRUCT, -421D -OPERATE
OR TO CONTINUE TO OPERATE ITS PRESENT INDUSTRY TRACK ACROSS SOUTH
STREET AND ALONG SECOND'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 PASS--
AGE
ASS-AGE HEREOF, AND PROVIDING 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 -PASS-
AGE HEREOF, AND -THAT THE GRANTEE SHALL PAY -TO THE CITY OF BEAUMONT
THE SUM OF_TWENTY-FIVE DOLLARS ($25.00) UPON PASSAGE HEREOF, AND
TWENTTY-FIVE DOLLARS ($25.00) EACH YEAR -ON THE FIRST DAY_ OF JULY
DURING 'THE EXISTENCE OF THIS ORDINANCE; AND PROVIDING THAT THIS.
FEANCHISE IS SUBJECT TO ALL THE TERMS -AND CONDITIONS OF THE
BEAUMONT CITY CHARTER.
BE IT ORDAINED -BY THE CITY COMMISSION OF -THE CITY
OF BEAUMONT. TEXAS:
Section l
The Teras 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 South Street and along
Second Street, in the City -of Beaumont, Texas, therein as follows:
Beginning at a point in the. south line -of South
Street, seventeen (17t) feet, approximately, easterly
from the west line of Second Street or the east -line
of Block 12, of Parkdale Addition-;
Thence North, -along Second Street, crossing South
Street to the south line of Laurel Avenue, a distance
of three hundred and eighty (3801) -feet., -as -is shovvm
by red line on map hereto attached and made a part
hereof.
Section 2
L .
The track' to be laAd,.built-,'constructed, maintained, ands
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 public street
.in said City..
Section 3
The;Texas and New Orleans Railroad Company shall, at its oven
_-expense, construct and maintain suitable ditches and culverts for
the purpose of properly draining -all streets and alleys along and
"fiver 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.
Unless the Texas and New Orleans Railroad Company, its suc-
cessors 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 be-
come null and void. and fully.terminated. -
Section 6.
This Ordinance and the rights and privileges herein granted
are subject to all the terms, provtions and conditions of the
Charter of the City of Beaumont, and said privileges and frau"
chises hereby granted shall continue in force for a period of
ten (10) years from and after the date of acceptance hereof and
upon the conditions herein stated.
Section 7.
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 the City of Beaumont a. like amount ' on July .1st -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 day of A. D.
1933.
h7yor., Ci y of Beaumont,
Texas.
IN f
TO lE H01T0'ABI2, LIMIT! A. J COP:_:�5� IOiv�RS
OF THE CITY OF B" ULr,DITT, TES : •.S.
Rrour Petitioner, the Texas and ' evr Orleans
il�.oad Company, respect�ully represents that it las constructed
and has ?mintai.ned. for rnny years a spur railroad track hereinafter
described in the City of Beatuaont, Texas, by virtue of an ordinance
dated June 6, 1911, which has expired by its term.
Said trach bei? described as follows:
Beginning at a point in the south line of
South Street, seventeen (17t) feet, approximately,
easterly from the viest line of ;second :Street or
the east line of Block 12 of Parkdale Addition;
`l'hence North, along Second. Street, crossing
South Street, to the south line of Laurel Street,
a distance of three hundred and eighty (380+ }
feet, as is shorn by red line on reap hereto
attached and made a part hereof.
As it is essential for the proper conduct of your
Petitioner's operations, that it continue to maintain 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 may be necessary to continue the maintenance and operation thereof,
be granted it, and sny and all ordinr_,nces required be passed and approved
in the manner prescribed by the charter of said City: It is understood
hovrever, the t the portion of Second Street lying south of Lau-rel.Avenue
has been closed to the benefit of adjacent property ow.-,nrs, and this
petition is requested only in so far as the City's jurisdiction may
extend to such streets.
r??: -6"T_I. LYSTB 1_ETL ED, this day of
A.D. 1933. ( .
TrEM' S' ' 77""FE--f
F 0 -T - JIM" R' MBOAD CO_' P IQY
By
General 1. ager. \