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Home My WebLink AboutORD 49-JAN ORDINANCE 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 OF BLOCK FORTY-FOUR OF THE VAN WORMER ADDITION TO THE CITY OF BEAUMONT, TEXAS, AND ACROSS ORANGE AVENUE, 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 PRO- VIDING FURTHER THAT THE RATS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY BEAUMONT, SOUR LAKE & WESTERN RAILROAD C MI PANY WITHIN THIRTY ( 30) DAYS AFTER PASSAGE AND APPROVAL OF THIB ORDINANCE, -:AND THAT SAID TRACK SHALL BE COMPLETED WITHIN TWELVE (12) MONTHS AFTER THE FINAL PASSAGE AND PUBLICATION OF THIS ORDI- NANCE, ALSO PROVIDING THAT BEAUMONT, SOUR LAKE & WESTERN RAILROAD C aMPANY SHALL PAY TO THE CITY OF BEAUMONT, ANNUALLY, ON THE FIRST DAY OF JULY OF EACH YEAR, THE SUM OF TWENTY-FIVE AND NO1100 DOLLARS (25.00) AS REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRANCHISE HEREBY GRANTED; AND PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUBJECT 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 COM1dIISSION OF THE CITY OF BEAUMONT, TEXAS: SECTION le Beaumont, Sour Lake & Western 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 over and along the alley in Block Number 44 of the Van Wormer Addition to the City of Beaumont, Texas, and across Orange Avenue, beginning at a point in the easterly line of Block 45 of the Van Wormer Addition to the City of Beaumont, Texas, said point being in the alley of said Block; thence northeast- erly over and across Orange Avenue, and along the alley of Block 44 of said Addition, a distance of three hundred forty (3401) feet more or less to a point where the tracks of the Gulf and Interstate Rail- way Company cross said alley, as shown on blue print attached hereto, marked Exhibit "A14 and made a part hereof, the line of said proposed railroad track being indicated 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 purpose of affording Loading, unloading and switching facilities to commercial and industrial enterprises now located or hereafter to belocated 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 . 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 OF BLOCK FORTY-FOUR OF THE VAN WORMER ADDITION TO THE CITY OF BEAUMONT, TEXAS, AND ACROSS ORANGE AVENUE, 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 PRO- VIDING RO- VIDING FURTHER THAT THE FXHTS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY BEAUMONT, SOUR LAKE & WESTERN RAILROAD CCK PANY WITHIN THIRTY ( 30 ) DAYS AFTER PASSAGE AND APPROVAL OF TH]5 ORDINANCE," -:AND THAT SAID TRACK SHALL BE COMPLETED WITHIN TWELVE (12) MONTHS AFTER THE FINAL PASSAGE AND PUBLICATION OF THIS ORDI- NANCE; ALSO PROVIDING THAT BEAUMONT, SOUR LAKE & WESTERN RAILROAD C(IMPANY SHALL PAY TO THE CITY 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 SUBJECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER CP 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 l; Beaumont, Sour Lake & Western 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 over and along the alley in Block Number 44 of the Van Wormer Addition to the City of Beatiunont, Texas, and across Orange Avenue, beginning at a point in the easterly line of Block 45 of the Van Wormer Addition to the City of Beaumont, Texas, said point being in the alley of said Block; thence northeast- erly over and across Orange Avenue, and along the alley of Block 44 of said Addition, a distance of three hundred forty (340®) feet more or less to a point where the tracks of the Gulf and Interstate Rail- way Company cross said alley, as shown on blue print attached hereto, marked Exhibit "A" and made a part hereof, the line of said proposed railroad track being indicated 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 purpose of affording loading, unloading and. switching facilities to commercial and industrial enterprises now located or hereafter to be located 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, Said Railroad Company shall construct and maintain said tracks at such grade in, along and across said streets and alleys, and will maintain the same in such manner as will permit vehicular travel along` -the portion of said street and alley in ques- tion. 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 7`2. with the City Clerk of the City of Beaumont, its written acceptance of this ordinance. SECTION 5. Unless the Beaumont, Sour Lake & Western Railroad Company, its successors and assigns, shall construct, build, lay and complete, for the purpose of operating 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, the said 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 pr&visions 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 force the rights and privileges granted by this ordinance, the grantee, its successors 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 TirVENTY-FIVE AND N0/100 ($25.00) DOLLARS, with respect to the tracks herein authorized to be con- structed 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 success- ors 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 0 rk day of Z&&,v,(A V A. D. 1932. f - MAYMAYZR of theme ty of Beaumont, Texas. cT i - 0 ii�.t.. `` w V 4�� . LJ ��. v.L �`'� ✓ J � ' � . yi Oji: N �j. .y. xas Howton, Texas - `.w.j ....re fir•« ) o L., n_ _ W i7. c t.. C iitIe-aiene .w.. i..s ., rl ts..iit.' .� .. •,. :7 r ti L� �.i..� f� 4� 1 COD;j O �:.WcE;by Q rte. �q •}he 1�v...ta^,on t, :.`.','. Y��a 'j�+ C R •Y 4,°�'i 7:Y 6.. � t': C%rJ��.l�.i7 1,3L:` L JT_ v32CLSV4 }'" } i' s,�.,'� toll the , tl .Y Q -. Bl�•_a rr.. uJ` o B W.".I�:i �i e Very truly yours) f -. ' W'ity I" I e.:,k G L o I