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HomeMy WebLinkAboutORD 25-JAN ORDINANCE AN ORDINANCE authorizing the Mayor and the City Clerk and the City Manager to execute and deliver on behalf of the City ofBeaumont, amended contract with the Texas & New Orleans Railroad Company, amend- ing Sub -sections E and K of Sub -section 3 of Article 2 and Articles 4 and 5 of that certain contract, , dated June 9th1931, for the eleva- tion of the Texas & New Orleans railroad tracks through the City of Beaumont, ratifying and confirming said original contract, dated June 9th, 1931, as so amended, and declaring an emergency: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1. That the Mayor and the City Clerk and the City Manager be, and they are hereby authorized and directed to execute and deliver, on behalf of the City of Beaumont, amended contract with the Texas & New Orleans Railroad Company, amending Sub -sections E and K of Sub- section 3 of Article 2, and Articles. 4 and 5 o that certain contract between the City of Beaumont and the"Texas & New Orleans Railroad Company, dated June 9th, 1931, said amended contract being as follows, to -wit: THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between 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 pti,day of February, A'. D. 1932, a certified copy of which is hereto attached and made a part hereof, hereinafter styled "CITY". and TEXAS AND NEW ORLEANS RAIL- ROAD 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., H. M. Lull, hereunto duly authorized, herein- after styled "RAILROAD COMPANY"; WITNESSETH: WHEREAS,the parties hereto have made and enter- ed into that certain written agreement, dated June 93, 1931, hereinafter referred to as !'ORIGINAL AGREEMENT`}, relating to the abatement of sur- face crossings of streets across the tracks of the Railroad Company, streets I the opening of newZ-across property of the Railroad Company and in which the track elevation project, as recommended by the Committee of Citi- zens, known as the "COMMITTEE OF SEVEN", was adopted and ways and means for carrying the same into effect was agreed upon; and, WHEREAS, the parties hereto desire to amend and supplement the said agreement with respect to the matters hereinafter set forth; NOW, THEREFORE, the parties hereto have agreed and hereby mutually covenant and agree with each other as follows: FIRST: That the second paragraph of sub -section (c), Section 3, Article II, of the said original agreement, as follows: "The City is of opinion that the Railroad Com- pany has the right to remove its switch track south of its main line on its own right of way and use said ground for its elevated structure A from Main Street to the Neches River, without liability for damage to property, or the owners or occupants thereof, served by said side track, and if any such damages should be established, the City will pay Rail- road Company the amount of such damages." -1- be and the same is hereby eliminated from the said agreement and shall be of no force or effect. SECOND: That sub -section (k) of Section 3, Art. II, of the said original agreement shall be and is hereby amended to read as follows: 11(k) The Railroad Company maintains and operates, ' r under good and sufficient right, a certain track extending across Orleans, Crockett, Pearl and Bowie Streets, and thence into and along Main Street, which said track is used as an industrial lead. The City agrees to grant to the Railroad Company, without cost, and as part of the project covered by this agreement, the right and franchise of mov- ing, relocating and reconstructing, and thereupon maintaining and opera- ting the said track flush with the revised grades of said streets and in new location approximately as indicated upon the said plan for such period as the track may be maintained by the Railroad Company, its successors and/or assigns. Provided, however, that if it shall be held or deemed necessary that the Railroad Company shall have a new franchise for said track in its new location, the same shall be granted by the City in consideration of an annual payment of Ten (010*000) Dollars, and otherwise with such limitations and upon such terms only as shall be required by the Constitution and laws of the State of Texas, and the City Charter of the City of Beaumont." THIRD: That Article IV of the said original agreement shall be.and the same is hereby amended to read as follows: 'Article IV: The City agrees to grant to the Railroad Company, jointly with the Beaumont Wharf & Terminal Company and the Gulf, Colorado and Santa Fe Railway Company, or its or their successors, without cost to any of said companies, a franchise, in, along and upon Levee Street, for the construction, maintenance and operation of trackage along the River and Bayou front; in event the said s Beaumont Wharf & Terminal Company or Gulf, Colorado and Santa Fe Railway Company should decline to construct, maintain and operate such trackage jointly with the Railroad Company, party hereto, then the City shall re- scind and revoke said joint franchise and grant similar franchise for n tile construction, main- tenance or operation of such trackage, If Railroad Company, party hereto, declines to build and operate said trackage jointly with Beaumont VVharf & Terminal Company (Santa Fe), or for itself, upon re- quest of the City, then the City or its nominee shall have the right to build and operate said trackage through the underpasses provided herein at West ehd of leeches Bridge. Any such franchise granted here- under shall be for a term of not to exceed thirty five (33) years, to be determined by the City, and the Grantee shall be required to pay therefor the sum of Ten ($10®00) Dollars per annum; such franchise shall, in all respects, be in accordance with the constitution and laws of the State of Texas and the Charter of the City of Beaumont, FOURTH; That Article V of the said original agreement be and the same is hereby amended to read as follows: 'Article Vs The City, in consideration_ of the premises and of the benefits accruing to it and to the public through the track elevation project herein provided for, hereby declares that said project is the agreed result of the propos4l of the City imposed in the public interest, and that no right of action in anyone will arise therefrom; but should there be any such right of action, the City, as between the parties hereto, assumes responsibility for and agrees to pay all recoverable costs and damages to property (except property of the Railroad Company) arising from changes in streets or street grades, as well as obstruction of streets, resulting from the construction contemplated and provided for herein; and the Railroad Company, as between the parties hereto, assumes responsibility for and agrees to pay all recoverable costs and damages arising from, or by reason of the conversion of the present ground level tracks to the ele- vated tracks proposed, or by reason of the elevatdd structure itself, and/or the operation of the Railroad Companyts engines, trains and cars thereon. But, inasmuch as it will be impracticable in any suit, or suits, to fairly divide and apportion said damages between said parties as here® inabove provided, and any failure of said parties to agree with respect J_ same or contest between_ the parties in Court with respect to any such -3- ties will be the division of same on the basis of fifty (50%) per cent to each party, and they further agree that any and all damages shall be so divided and borne. In the event any suit or suits shall be insti- tuted against either party hereto for the recovery of any damages as herein described, the other party shall intervene in and make itself a party to such suit or may be impleaded in and made a party defendant thereto by the party sued and said parties shall make joint defense thereof to the end that any such damages may be fairly and justly as- certained and determined, whereupon any such damages and cost of such suit shall be borne by the City and the Railroad Company in equal shares, each party furnishing its own Attorney or kttorneys, without cost to the other® It is further provided, however, that any dam- ages which may be recovered against the Railroad Company for any neg- ligent operation, or any accident resulting from negligence of the Railrodd Company, or its employees, shall not be deemed to 'be included in or covered by this provision, but liability for same shall remain with the Railroad Compan.y.'i FIFTH: That the said original agreement of June 9, 1931, and this supplemental agreement amending the said original agreement, be and they are hereby approved, ratified and confirmed', to the same extent and in the same manner as if the entire agreement and this supplemental agreement had been executed by the parties hereto in the first instance. IN TESTIMONY WHEREOF; the parties hereto have executed this supplemental agreement, in duplicate, on this the day of February, A. D. 1932. THE CITY OF BEAUMONT ATTEST; By MAYOR CITY CLERK TEXAS & 1 r u ORLEANS RkILROkD COMPANY Secretary, T & N 0 RR CONTPANY APPROVED AS TO FOIUla B EXECU`.1'IVE VICE-PffS. General .Counsel, RR Co. APPROVED AS TO FO EM: City Attorney APPROVED: C014MITTEE OF ,SEVEN, By_ Chairman By Secretary. THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE a Notary Public in and for Jefferson County, Texas, on this day personally appeared E. A. Fletcher, Mayor, P. H. Millard, City Manager and Raymond Edmonds, City Clerk of the City of Beaumont, known to me to be the persons whose names are subscribed to the foregoing instrument, and each severally acknowledged to me that he executed the same in the capacity and for the purposes and considerations therein stated, and as the act and deed of the City of Beaumont., Texas. GIVEN under my hand and seal of office this the day of February, A. D. 1932. Notary Public, Jefferson County, Texas. THE STATE OF TEXAS. COUNTY OF JEFFERSON BEFORE ME,^ a Notary Public in and for Harris County, Texas, on this day personally appear- ed H. Mm Lull, Executive Vice President and G. R. Cottingham, Secretary of the Texas and New Orleans Railroad Company, both of whom are known to me to be the persons whose names are subscribed to the foregoing in- strument, and each severally acknowledged to me that he executed the same in the capacity and for the purposes and considerations therein stated., and as the act and deed of the Texas and New Orleans Railroad Company® GIVEN under my hand and seal of office this the day of February, A. D. 1932. Notary Public, Harris County, Texas. 11 - Section 2. That said contract between the City of Beaumont and the Texas & New Orleans Railroad Company, dated June 9th, 1931, mentiom d in Sec. 1 hereof, as amended herein, be and the same is hereby ratified and confirmed as amended. Section 3. That the fact that the operation of trains and locomotives on the lines of said Texas & New Orleans Railroad Company over and across Orleans, Crockett, Pearl, Main, Travis and Cypress Streets in the City of Beaumont are a constant and continuing danger and menace to life, limb, and property, and the fact that it is imperative to open and provide for additional streets across the property of said Railroad Company west of Orleans Street to properly take care of traffic in the City of Beaumont, creates an imperative public emergency, requir- ing the suspension of the rale requiring all ordinances and resolutions to be read on three separate days before passage, whereby said rule is hereby suspended, 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 Commission, this the day of February, A. D. 19/ MAXR, it of Beaumont," Texas.