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HomeMy WebLinkAboutORD 48-JAN ORDINANCE ^t' GRANTING TO THE BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPANY OF TEXAS, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD, CONSTRUCT AND OPERATE AN INDUSTRY TRACK OVER AND ALONG THE ALLEY IN BLOCKS NUMBERS TWO, THREE AND FOUR OF THE McMILLAN ADDITION TO THE CITY OF BEAUMONT, AND ACROSS ARCHIE AVENUE AND JEFFERSON STREET, AS IS SHOWN BY THE BLUE PRINT ATTACHED TO THIS ORDINANCE; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY AS AN INDUSTRY TRACK AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPANY WITHIN THIRTY (30) DAYS AFTER PASSAGE AND APPROVAL OF THIS ORDINANCE, AND THAT SAID TRACK SHALL BE COMPLETED WITHIN TWELVE (12) MONTHS AFTER THE FIN- AL PASSAGE AND PUBLICATION OF THIS ORDINANCE; ALSO, PROVIDING THAT BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPANY SHALL PAY TO THE CI^1Y OF BEAUMONT, ANNUALLY, ON THE FIRST DAY OF JULY OF EACH YEAR, THE SUM OF TWENTY-FIVE AND N0/100 DOLLARS (25.00) AS REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRANCHISE HEREBY GRANTED; AND PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUB- JECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER .OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN YEARS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: SECTION 1. Beaumont, Sour Lake & Western Railroad Company, its successors and assigns, are hereby granted the right and fran- chise to lay, build, construct, maintain and operate, at its own expense, a standard gauge railroad track over and along the alley in Blocks Numbers two, three and four of the McMillan Addition to the City of Beaumont, Texas, and across Archie Avenue and Jeffer- son Street, beginning at a point in the center line of the alley of Block 4, McMillan Addition to the City of Beaumont, Texas, said point being 135 feet more or less distant southwesterly from the westerly lane of Archie Avenue; thence northeasterly along the alley of Blocks 4, 3 and 2 of said addition and crossing Archie and Jefferson Avenues, a distance of 630 feet to end; also, n^—, oh ni v.n n+ +'�,e —4-4- ^-P -1 -i--,.,---4-4 -- wf° 4-1..-. -- -i---1 - i 4' -- .x.49 GRANTING TO THE BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPANY OF TEXAS, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD, CONSTRUCT AND OPERATE AN INDUSTRY TRACK OVER AND ALONG THE ALLEY IN BLOCKS NUMBERS TWO, THREE AND FOUR OF THE MCMILLAN ADDITION TO THE CITY OF BEAUMONT, AND ACROSS ARCHIE AVENUE AND JEFFERSON STREET, AS IS SHOWN BY THE BLUE PRINT ATTACHED TO THIS ORDINANCE; PROVIDING ALSO THAT SAID TRACK IS AND SHALL BE USED ONLY AS AN INDUSTRY TRACK AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPANY WITHIN THIRTY (30) DAYS AFTER PASSAGE AND APPROVAL OF THIS ORDINANCE, AND THAT SAID TRACK SHALL BE COMPLETED 17ITHIN TWELVE (12) MONTHS AFTER THE FIN- AL PASSAGE AND PUBLICATION OF THIS ORDINANCE; ALSO, PROVIDING THAT BEAUMONT .9 SOUR LAKE & WESTERN RAILROAD COMPANY SHALL PAY TO THE CI'1Y OF BEAUMONT, ANNUALLY, ON THE FIRST DAY OF JULY OF EACH YEAR, THE SUM OF TWENTY-FIVE AND N0/100 DOLLARS (25.00) AS REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRANCHISE HEREBY GRANTED; AND PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUB- JECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER .OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN YEARS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: SECTION 1. Beaumont, Sour Lake & Western Railroad Company, its successors and assigns, are hereby granted the right and fran- chise to lay, build, construct, maintain and operate, at its oven expense, a standard gauge railroad track over and along the alley in Blocks Numbers two, three and four of the McMillan Addition to the City of Beaumont, Texas, and across Archie Avenue and Jeffer- son Street, beginning at a point in the center line of the alley of Block 4, McMillan Addition to the City of Beaumont, Texas, said point being 135 feet more or less distant southwesterly from the westerly line of Archie Avenue; thence northeasterly along the alley of Blocks 42 3 and 2 of said addition anc{ crossing Archie and Jefferson Avenues, a distance of 630 feet to end; also, commencing at the point of intersection of the easterly line -of Archie Avenue and the center line of alley of Block 3 of said Addition; thence, northeasterly along the center line of said alley, a distance of 35 feet to point of beginning of connecting track; thence northeasterly on a curve to the left, a distance of 110 feet more or less to end in the northerly line of said alley, as shown on blue print attached hereto, marked Exhibit "Ate and made a part hereof, the line of said proposed railroad track being indi- cated by the yellow line drawn on said blue print. SECTION 2. The track to be laid, built, constructed, maintained and operated under the terms and conditions of this ordinance shall be used only as an industrial track; that is, for the pm -pose of loading, unloading and switching facilities to commercial and indus- trial enterprises now located or hereafter to be loacted in the vicinity of said track. No cars of any kind shall be allowed to stand on that portion of said track which is in any public street (not including alleys) of the City of Beaumont. SECTION 3. That the said Beaumont, Sour Lake & Western Railway Company shall be required at its olm.expense to construct and main- tain suitable ditches and culverts for the purpose of properly #2 draining said street and alleys along and over which said railroad trackage is authorized to be laid, and shall, at its own expense, in the event that the City of Beaumont desires to pave said street or alleys, pave between the rails- -of said track and for a distance Of two feet on each side thereof, and to construct and maintain at its own expense good and sufficient crossingsat the intersections of all streets crossed by said railroad tracks, with easy approaches thereto, and on crossings on paved streets, to crossings in accordance with blue print atconstruct permanent Exhibit tached hereto and marked B , and under the direction of the City Engineer. SECTION 4, The foregoing rights and privileges are granted upon the expressed condition that the said grantee shall, within thirty (50) days after the passage and approval of this ordinance, file with the City Clerk of the City of Beaumont Of this ordinance. , its Written acceptance SECTION 5. Unless the Beaumont, Sour Lake & Western Railroad Company, its successors and assigns, shall , , lay constructbuild and complete, for the purpose of og�cerating the track herein_ con- templated within twelve (12) months after the final passage, acceptance and publication of this ordinance then to the extent of the track not so completed, this ord1nance shall become null and void and of no force and effect. SECTION fie This ordinance and the rights and privileges there- granted are subject Ch to all of the terms and provisions of the arter of the City of Beaumont, amd said privileges and franchise hereby gran ted shall continue in force for a period of ten (10) years from and after the date of said grantee t s acceptance of the terms hereofo �n f #2 draining said street and alleys along and over which said railroad trackage is authorized to be laid, and shall, at its own expense, in the event that the City of Beaumont desires to pave said street or alleys, pave between the rails- -of said track and for a distance Of two feet on each side thereof, and to construct and maintain at its own expense good and sufficient crossingsat the intersections of all streets crossed by said railroad tracks, with easy approaches thereto, and on crossings on paved streets, to crossings in accordance with blue print atconstruct permanent Exhibit tached hereto and marked B , and under the direction of the City Engineer. SECTION 4, The foregoing rights and privileges are granted upon the expressed condition that the said grantee shall, within thirty (50) days after the passage and approval of this ordinance, file with the City Clerk of the City of Beaumont Of this ordinance. , its Written acceptance SECTION 5. Unless the Beaumont, Sour Lake & Western Railroad Company, its successors and assigns, shall , , lay constructbuild and complete, for the purpose of og�cerating the track herein_ con- templated within twelve (12) months after the final passage, acceptance and publication of this ordinance then to the extent of the track not so completed, this ord1nance shall become null and void and of no force and effect. SECTION fie This ordinance and the rights and privileges there- granted are subject Ch to all of the terms and provisions of the arter of the City of Beaumont, amd said privileges and franchise hereby gran ted shall continue in force for a period of ten (10) years from and after the date of said grantee t s acceptance of the terms hereofo trackage is authorized to be laid, and shal-l., at Its ovm expense, in the event that the City of Beaumont desires to pave said street or alleys, pave between the rails ----of said track and for a distance of two feet on each side thereof, and to construct and maintain at its own expense good and sufficient crossings at the intersections of all streets crossed by said railroad tracks, with easy approaches thereto, and on crossings on paved streets, to construct permanent crossings in accordance with blue print attached hereto and marked Exhibit "B", and under the direction of the -City Engineer. SECTION 4® 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 5. Unless the Beaumont, Sour Dake & Western Railroad Company, its successors and assigns, shall construct, build, lay and complete, for the purpose of oRerating the track herein con- templated within twelve (12) months after the final passage., acceptance and publication of this ordinance, then to the extent of the track not so completed,, this ordinance shall become null and void and of no force and effect. SECTION 6® This ordinance and the rights and privileges there- in granted are subject to all of the terms and provisions of the Charter of the City of Beaumont, and said privileges and franchise hereby granted shall continue in force for a period of ten (10) years from and after the date of said grantee $ s acceptance of the terms hereof'. SECTION 7® As a condition of maintaining in for ce the rights and privileges granted by this ordinance the grantee, its success- ors and assigns. shall pay to the - City of Beaumont on or before the first day of July of each year after the taking effect of this ordinance, the sum of Twenty -Rive and No/100 Dollars ($25®00) with respect to the tracks herein authorized to be constructed and operated. If such sum be not paid as herein provided, and if such default shall continue for thirty days after written notice thereof to the grantee, its successors or assigns, the rights and privileges herein granted with respect to the track or tracks as to which such default may exist shall cease and determine, and within ninety days thereafter the grantee herein, .its successors or assigns, shall remove from the public streets and alleys the rails, ties and other materials in such track or tracks. Passed by the affirmative vote of all members of the -City Commission, this the 2 o -M_ day of O7AVAvJ,,W , A. D. 1932. Ma of the ' ity of Beaumont; Texas.