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HomeMy WebLinkAboutORD 44-J�qL- Il -�z�6T 19,3�_)_ +- + C- it 'fi. a AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING. THE MAYOR AND THE CITY MANAGER OF THE CITY OF BEAUMONT, TEXAS TO EXECUTE, AND THE CITY CLERK OF THE CITY OF BEAUMONT TO ATTEST THE SANTE WITH THE SEAL OF THE CITY OF BEAUMONT ON BEHALF OF THE CITY OF BEAUMONT, THAT CERTAIN CONTRACT HEREINAFTER SET FORTH BETWEEN THE CITY OF BEAU- MONT, TEXAS AND THE TEXAS & NEW ORLEANS RAILROAD COMPANY, FOR THE ELIMINATION AND RNATOVAL OF RAILROAD COMPANYIS TRACK PRESENT- LY LOCATED IN LATAIN STREET; FOR THE CONSTRUCTION BY THE RAILROAD COMPANY OF A NEW TRACK UPON AND OVER PROPERTY THEREIN DESCRIBED, THE CITY AGREEING TO CONVEY TO THE RAILROAD COMPANY THE RIGHT OF WAY THEREFOR; THE CITY FURTHER AGREEING TO GRANT TO SAID RAIL- ROAD COMPANY FRANCHISES TO CONSTRUCT MAINTAIN AND OPERATE RAIL- ROAD TRACKS IN, ALONG AND ACROSS CERTAIN STREETS AND ALLEYS THEREIN DESIGNATED; PROVIDING FOR THE REPAIR OF MAIN STREET AFTER THE REMOVAL OF THE PRESENTLY EXISTING TRACKS; SAID CONTRACT SETT- ING FORTH IN DETAIL THE MATTERS AND THINGS TO BE DONE AND TO BE PAID BY EACH OF THE RESPECTIVE PARTIES, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY TETE CITY COMMISSION OF THE CITY OF illi •I v Section 1. That the Mayor and the City Manager of the City of Beaumont, Texas, be and they are hereby authorized and directed to execute and deliver, and the City Clerk of the City of Beaumont, Texas is hereby authorized to attest and affix the seal of the City of Beaumont to the following contract between the City of Beaumont, Texas, and the Texas & New Orleans Railroad Company, to be dated there' da.y of _ ___., A. D. 1932, to -wit: l l- a-�-1q 3 4 J f- Y l _1 THE STATE OF TEXAS . COUNTY OF JEFFERSON : THIS AGREEMENT, made and entered into by and between the Texas & New Orleans Railroad Company, a corporation, organized and existing under and by virtue of the laws of the State of Texas, acting herein by and through its Executive Vice President, hereunto duly authorized, hereinafter styled "RAILROAD COMPANY", Party of the First Part, and.the City of Beaumont, a municipal corporation of the State of Texas, acting herein by and through its Mayor, E. A. Fletcher, and.its City Manager, P. H. -Millard., hereunto duly authoriz- ed by an Ordinance of said City, adopted on the day of `1`�5.'�•`"�, 1932, a certified copy of which is hereto attached and made a part hereof, hereinafter styped "CITY", Party of the Second Part: WI TN ES S ETH• WHEREAS, the Railroad Company now owns, maintains and operates in the City of Beaumont, among others, a certain railroad track connecting its main line with trackage serving the publicly o�lmed docks, wharves and port facilities in said City, which trace_ is situated in Main Street, from a point at or near Bowie Street to and across Milam Street, by virtue of an Order of the Commissioners' Court of Jefferson County, adopted on June. o, 18779 and, WHEREAS, Main Street has become one of the principal thorough- fares of said City, and a portion thereof has been designated as the route of State Highway No. 3, through said City, and in order to relieve congestion of vehicular traffic on said street and. in the business section of said City, the City has requested that the said track in Main Street be discontinued for use as a connecting track to the said port facilities and that the portion thereof, hereinafter described, be removed from said street, and has agreed to furnish the right of waynecessary for said track in a new location, approximately three hundred one (301) feet Northeasterly from the Northeast line of Main Street, as Orrell as the right of way on City property, and in and across streets for the presently existing tracks and new connections thereto, hereinafter described; and U WHEREAS, the Railroad Company is willing to discontinue the use of said track in said Main Street as a connecting track and to take up and remove a portion thereof, and to construct other track- age in lieu of and in substitution therefor; NOW, THEREFORE,.in consideration of the premises herein re- cited, and of the benefits and, advantages accruing to each, the parties hereto have agreed and do hereby agree with each other as follozrs: ARTICLE 1. SECTION 1: The City hereby agrees to convey to the Railroad Company, without cost, and by General Warranty Deed, free of liens, right of ways or easements for the construction, maintenance and operation of railroad trackage upon, along and across the tracts or parcels of land, in the locations indicated by red tint on map mark- ed "Exhibit All hereto attached and made a part hereof, and. more particularly described as follows, to -Vv -it: (a) A strip of land of the widths indicated on said Exhibit A, commencing at a point in the east line of Cypress Street, approximately eighteen (18) feet south of the south line of Hickory Street, and extending thence southeasterly across -Block No. 7, and continuing southeasterly along a line approximately three hundred one (301) feet northeast of the northeast line of Main Street, to a point approximately one hundred (100) feet northwesterly from the northwest line of Milam Street, if extended, and thence in a southeasterly direction, crossing Milam Street and continuing to the south- east line of Lot No. 533, in Block 1 of said City; (b) A strip" of land thirty three (33) feet in width, the center line of which shall be mid -way between the center lines of Railroad Company's presently existing interchange tracks and extending from the southeast line of said Lot No. 533, in Block 1, in a general southerly direction to the southwest line of said Block No. 1, near its south corner; (c) A strip of land -seventeen (17) feet in width, beginn- ing at the point where the center line of said. Railroad Company's most westerly interchange track intersects the southeast line of Lot No. 533, in said Block No. 1, and extending thence in a northwesterly direction across said Lot 533, Franklin Street, Lots 539, 540 and 541, in Block 21 Market Street, Lot 536, in Block 2, to the right of way now occupied by a spur track of said Railroad Company, and continuing along the presently existing spur track across Lots 537 and 538, in Block 2, across Milam Street, and continuing along or near the southwest line of Block No. 3 to a point approximately fifteen (15) feet southeast of the northwest line thereof; (d) A strip of land seventeen (17) feet in width, commencing at a point in the center line of the right of way described in the next above paragraph, approximately one hundred forty (140) feet easterly from its intersection with the northwest line of Block No. 2 and thence westerly to a point in the northwest line of said Block No. 2, approximately twelve (12) feet northeast of its most westerly corner; (e) A strip of land seventeen (17) feet in width, commencing at the said point in northwest line of said Block No. 2, approximately twelve (12) feet northeast -of its most westerly corner, and extending in a general southeasterly direction, approximately two -hundred thirty five (235) feet to the right of way now occupied by a spur track of said Rail- road Company, and continuing along the presently existing spur track, across Franklin Street, and. across part of Block 1, to the end of said spur..track at a point approximately one hundred ten (110) feet southeasterly from the northwest line of said Block No. 1, and approximately forty five (45) feet northeast of the northeast line of Main Street; (f) A strip of land seventeen.(17) feet in width, beginning at a point in the center line of the strip of land described in the next above paragraph, at a point approximately one hundred seventy (170) feet southeast of the northwest line of said Block No. 2 and,:,extending in a general southerly direction along the center line of the Railroad's presently existing spur track, to a point in the southwest line of said Block No. 2, approximately forty five (45) feet northwest of its most southerly corner; It is understood that there shall be excepted from such conveyance property now owned by the Texarkana and Fort Smith Rail;vay Company, in an easterly extension of l�ifashington Street and all streets which have not heretofore been vacated, closed and abandoned. SECTION 2: The City agrees to grant to the Railroad Company, without cost, the right, privilege and franchise to construct, main- tain and operate railroad trackage in, along and across certain streets of said City, particularly described as follows: (a) A connecting or lead track commencing at a point in the northwest line of Bowie Street, approximately sixty-three (63) feet southwest of the east corner of Block 15, and thence eastward along a presently existing track of said Railroad Company, upon and across Bowie, Ma -in and Travis Streets, and in and along Hickory Street to a point approximately fifty (50) feet east of the east line of Travis Street, and thence in an easterly direction along the center line of a proposed track in and along Hickory Street and upon and across Cypress Street, to a point in the east line thereof, approximately eighteen (18) feet south of the northwest corner of Block No. 7, where said track enters upon the right of way or easement to be conveyed to the Railroad Company by the City, as provid- ed in Section 1 of this Article, and extending in a general - southeasterly direction, upon said right of way or easement to a point in the northeast line of Main Street, approximately twenty (20) feet northwest of the south corner of said Block 1 crossing the rod.dway or street leading from the east end of Mi.lam Street to the City's wharves and docks, crossing Franklin Street between Lot. 533, Block 1 and Lot 530, Block 2, and crossing Market Street in said Block 1 and extending in a general southerly direction, along a presently existing track from said point in the northeast line of Main Street, approxi- mately twenty (20) feet northwest of the south corner of said Block 1, upon and across Main Street and in and along Austin Street to connectionwith track of Beaumont Wharf and Terminal Company, at a point approximately -thirty five (35) feet south- west of the southwest line of Main Street, the location of said track being indicated by solid black and solid red lines on said Exhibit A. 93. (b) An interchange track located, or to be located, on the right of way or easement to be conveyed to the Irl Railroad by the City, as hereinbefore provided, and extend- ing across said Blocks 1 and 2, and upon and across Frank- lin Street between Lot 533, Block 1, and Lot 539, Block 2, and upon and across Market Street in said Block 1, and ex- tending from,a point in the southwest line of Block 1, approximately eight (8) feet northwest of the south corner of said Block 1, southward upon and across Main Street and in and along Austin Street, to a connection with the track of the Beaumont Wharf and Terminal Company, at a point approximately thirty five (35) feet southwest of the south- west line of Main Street, the location of said track being indicated by solid red and solid black lines on said Exhibit A. The said franchise for the tracks described in paragraphs (a) and (b) of this Section shall provide that all rights heretofore existing in the Railroad Company, party hereto, to maintain and operate a rail- road lead or connecting track in and along Main Street, from its inter- section with Travis Street, southeastward to Block No. 1, shall con- tinue �,ith respect to the trackage in the new locations, described in paragraphs (a) and (b) of this Section, in the same manner and under the identical rights as though the said trackage had been originally constructed and since maintained in the new location described in the said paragraphs (a) and (b) of this Section; the intention being only to substitute the new location of said trackage for the former location thereof in Dain Street between Travis Street and said Block 1, without impairing, restricting or limiting any rights and without enlarging or extending any right of the said Railroad Company, in, along or across said streets. - (c) A spur track commencing at a point in the said con- necting or lead track, described in paragraph (a) of this Section, at or near the southeast line of Lot 533, Block 1 and extending in a general northwesterly direction upon the right of way or easement to be conveyed by the City to the Railroad Company, across parts of Blocks 1, 2 and 3, as herein provided, and upon and across -Franklin Street between Lot 533, Block 1 and Lot 539, Block 2, and upon and across Market Street in said Block 2, and upon and across Milani Street between said Blocks 2 and 3; the location of said track across said streets being indicated by solid red and solid black lines on said Exhibit A; a portion of said track now serves the property formerly or:ned by the Atlantic Rice Mill Company One (1) track, beginning at a point in the southeast line of Milam Street, approximately twelve (12) feet north- east of the west corner of Block No. 2, and thence northwester= ly upon and across Milam Street, and in and along Main Street, approximately seven (7) feet southwest of the southwest line of Block 3, to a point approximately fifteen (15) feet south- east of the southeast line of Washington Street, in the loca tion indicated by red.and black lines on said Exhibit A; a portion of said track now serves the property formerly owned by the Atlantic Rice Mill Company. -5- (e) One (1) track, presently existing across Franklin Street, between Lot 5285, Block 1, and Lot 534, Block 2, indicated by black line on said Exhibit A; (f) One (1) track, presently existing, across Main Street and Franklin Street, from point in the southwest line of Block 2, approximately forty five (45) feet north- west of its most southerly corner, to a point in the north- east line of Block B. near its north corner, in location indicated by black line on said Exhibit A. The said franchise for the tracks described in paragraplas= (c), (d), (e) and (f) of this Section 2 shall be granted for a period of thirty five (35) years from and after the acceptance of said franchise by said Railroad Company. SECTION 3: The City agrees to protect, save harmless and indemni- fy the Railroad Company from and against any and all claims for damage to abutting property arising from or growing out of the construction, maintenance and operation of the trackage to be constructed by the Railroad Company in, aldng and across streets and City property, as herein provided. SECTION 4;= The City, without cost to Railroad Company, shall re- move all buildings from the right of way described in Section 1 of this Article, and shall cause to be removed, re -arranged and relocated all water, sevrer and other pipe lines, fire hydrants, poles, wires, cables and all improvements which may interfere with the construction and operation of the tracks herein described. ARTICLE II. SECTION 1: The Railroad Company 1r,,ill immediately endeavor to make a satisfactory agreement with the Texarkana and Fort Smith Railway Company, -providing for the crossing of its right of way and the installation and maintenance of crossings of the proposed new c onnecting track with tracks of the Texarkana and Fort Smith Railway Company, east of the east end of Washington Street; in event Railroad Company is unable to make such an agreement satisfactory to it within six (6) months from the date hereof, this contract shall be of no force or effect. SECTION 2: Within thirty (30) days after the right of ways or easements, hereinbefore described, have been conveyed to the Railroad Company, as herein provided, and the City has granted franchise satis- factory to Railroad Company, providing for the construction, mainten- ance and operation of the trackage herein described across and along -6- said streets, and the said agreement referred to in Section 1 of this Article has been executed and delivered, the Railroad Company will commence and diligently prosecute to completion, without cost to the City, the construction of the said new track and connections thereto; it being understood that the Railroad Company will con- struct the necessary sub -grade and drainage openings and will .lay the said new tracks in substantially the location indicated by solid red lines on the said Exhibit A. Railroad Company shall have the right to take from City property, adjacent to said proposed new track, at places to be designated by the City Engineer, such earth as may be available without detriment to the property, for use in constructing the embankment for the neve track. SECTION 3: The City agrees to construct, or cause to be con- structed, without cost to the Railroad Company, the necessary fill and concrete approach and raise the grade of the presently exist- ing concrete road connecting Milam Street with City 'Wharf property, at the intersection of said proposed new track with said concrete road. ARTICLE III. SECTION 1: (a) VTithin thirty (30) days after the neve connect- ing track, extending from Hickory Street to connection with the presently existing interchange tracks, in Block No. 1, shall have been completed and placed in operation, the Railroad Company will, at its expense, take up, remove and recover the rails, frogs and switch fixtures now forming a part of Railroad Company's connecting track in Main Street from the point of switch of the spur track, serving Block No. 13, and extending southeasterly to the southwest line of Block No. 2, and from that portion of the interchange track situated in Main Street from the point of switch about mid -way bet- ween Milam and Washington Streets, southeasterly to the northwest line of Block 2, as shown by yellow lines on said Exhibit A; it being understood that the Railroad Company will not be required to remove the ties nor to fill the section of Main Street from which the rails, frogs, switch fixtures and other track material have been removed. -7- (b) The City will, without cost to the Railroad Company, re- move the ties and base material from those portions of the present- ly existing tracks in main Street, described in paragraph (a) of this Section, after the Railroad Company shall have removed the said rails, frogs and switch fixtures, as hereinabove provided, and thereafter the City will fill in the spaces in said street from which the said tracks shall have been so removed, and complete the surface of the street in a manner satisfactory to the City, and without cost to the Railroad Company; it being understood that the City will dispose of the said ties and base materials. SECTION 2: The Railroad Company will, without cost to the City, take up, remove and recover all materials in the tracks, indicated by yellow lines on said Exhibit A, and situated on Blocks 1 and 2. ARTICLE; IV: SECTION 1: The Railroad Company agrees to permit the City, after adoption of proper Ordinance, to install such roadway cross ings across the right of way to be conveyed by the City to the Rail- road Company, as herein provided, as may become necessary in the future development of City property. SECTION 2: The City sbe l have, and is hereby granted the right, privilege and option to purchase, for cash, at any time after the said new connection track shall have been completed and placed in operation, all of the following describ ed tracks: (a) The said proposed new connecting track to be con- structed by the Railroad Company, hereunder, extending from connection with presently existing trabks of Railroad Company in hickory Street, at a point approximately fifty (50) feet east of the east line of Travis Street, to connection with the presently existing interchange tracks at and in the vicinity of Franklin Street; (b) The presently existing interchange tracks of said Railroad Company., situated on Block 1 and in Austin Street, and across Main Street in the vicinity of Block 8, and the tracks of the Railroad Company now existing, or to be con- structed under the terms hereof, from connection with slid new track in Block 1, across Block 2, Milam Street and Block 3; - (c) The spur tracks of said Railroad Company situated on Blocks 1 and 2, and in Main Street, adjacent to said Block 3; (d) The spur track extending from point in Block 2, to and across Main and Franklin Streets to Block 8; (e) All tracks of Railroad Company -,,:hick may, at any time, be connected with any of the tracks hereinbefore described and lying between the intersection of Hickory and Cypress Streets and the intersection of Main And Austin Streets; dam? d_, 41 �L, J- 1I-06-lq32- The amount to be paid by the City to the Railroad Company shall be the cost of said tracks and appurtenances thereto, described in this Section 2, except that with respect to the proposed new connecting track described in paragraph (a) of this Section, the amount to be so paid shall be the cost thereof and the appurtenances thereto plus six (6%) per cent per annum carrying charges. It is understood hnd agreed, however, that in event the City purchases the said tracks, as herein provided, it shall and hereby agrees and binds itself to permit the Railroad Company, party hereto, to use the said tracks under the same terms and conditions as the City may permit any other railway company to use the same; it being definitely under- stood and agreed that the Texas and New Orleans Railroad Company, its successors and assigns, shall always be afforded direct connection to tracks serving or to serve the City's wharves, docks and port facilities, not less favorable as to location, grade and operation by the Railroad Company than the proposed route provided for hereunder. iIt is understood that until the City purchases the said tracks, as herein provided, the Railroad Company, party hereto, shall have the exclusive right to use the same. SECTION 3: In event the City purchases the tracks of the Railroad Company, as provided in Section 2 of this Article, the Railroad Com- pany will release and quit -claim to the City, v,.Tithout cost, the right of ways and easements to be conveyed by the City to the Railroad Com- pany, described in Section 1 of Article 1 hereof, and will also release and quit -claim to the City the rights, privileges and fran- chises to construct, maintain and operate the tracks described in Section 2 of Article I of this agreement, except that the Railroad Company shall have the right to retain such franchiser rights for its presently existing track in Hickory Street and u)on and across Travis Main and Bowie Street; between Block 15 and said proposed new connect- ing track/. IN TESTIMONY WHEREOF, the parties hereto have executed this agreement in duplicate, on this the day of A. D. 1932. TEXAS AND NE -14T ORLEANS RAILROAD COMPANY By ­_— APPROVED AS TO FORM: Executive Vice President Ueneral Counsel, F. R. Co: ATTEST . City Clerk 4 CITY OF BEAUMONT MAYOR and CITY MANAGER i , ' S V'. i d- � -i Section 2. That the fact that the operation of trains and locomotives on the tracks of said Texas and New. Orleans Railroad Company over and upon gain Street in the City of Beaumont, Texas, which said Main Street is one of the thoroughfares of the City of Beaumont, Texas, is a constant and continuing danger and menace to life, limb and property; and the fact that it is imperative to immediate- ly eliminate and remove said tracks from said street so as to properly take care of traffic in the City of Beaumont, creates an imperative public emergency requiring the suspension of the rule requiring all ordinances and. resolutions to be read on three separate days before passage; wherefore, said rule is hereby sus- pended, and this ordinance shall take effect and be in force from and after its passage. Passed by' the affirmative vote of all members of the City th Commission, this the day of 3aa__W . � e Y .9A. D. 1932. MAYO , City ef Beaumont, Texas.