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HomeMy WebLinkAboutORD 39-Oi 7/22/43 (35) bf 'J AN ORDINANCE GRANTING TO GUY A. THOMPSON, TRUSTEE, TNM BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, DEBTOR, IN HIS CAPA- CITY AS TRUSTEE AND NOT INDIVIDUALLY, HIS SUCCESSORS AND ASSIGNS (HEREAFTER CALLED GRANTEE) THE RIGHT TO CONSTRUCT, MAINTAIN, REPAIR, RENEW AND OPERATE All INDUSTRY TRACK IN, UPON, OVER AND ALONG THE ALLEYWAY IN BLOCK NO. 18 AND A PART OF BLOCK NO. 2 OF THE McMILLAN ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND ACROSS TRINITY AND NECHES STREETS IN SAID CITY AS SHOWN BY PRINT ATTACHED TO THIS ORDINANCE, SUCH TRACK BEING LOCATED BY YELLOW LINE; PROVIDING THAT SUCH TRACK SHALL BE USED ONLY AS AN INDUSTRY TRACK AND THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY THE GRANTEE WITHIN THIRTY (30) DAYS AFTER FINAL PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT IF SAID TRACK IS NOT USED FOR ANY PERIOD OF SIX (6) MONTHS THIS ORDINANCE AND THE RIGHTS HEREUNDER SHALL TERMINATE; PROVIDING THAT THE GRANTEE SHALL PAY TO THE CITY OF BEAUMONT THE SUM OF FIFTY DOLLARS (4x50.00) UPON THE PASS- AGE AND ACCEPTANCE OF THE FRANCHISE HEREIN GRANTED -D IE SUM OF FIFTY DOLLARS 050.00) ON THE FIRST DAY OF OF EACH YEAR DURING THE LIFE HEREOF; PROVIDING T THIS FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDI IONS F THE CHARTER 4F THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN. -.-.(10) YEARS, SUBJECT TO THE TERMS HEREOF; AND PROVIDING THAT UPON TERMINATION FOR ANY CAUSE THE TRACK HEREIN PROVIDED FOR SHALL BE REMOVED AND SAID ALLEnlAY AND STREETS PLACED IN FIRST CLASS CONDITION AT THE EXPENSE OF THE GRANTEE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS Section 1 Guy A. Thompson, Trustee, The Beaumont, Sour Lake & Western Railway Company, Debtor, (in his capacity as such Trustee and not individually) his successors and assigns, is hereby granted the right, privilege and franchise to lay, build, construct, main- tain, repair, renew and operate at his own expense a standard gauge railroad track in, upon, over and along the alleyway in a part of Block No. 2 and in Block No. 1 of the McMillan Addition of the City of Beaumont, Jefferson County, Texas, and across Trinity and Neches Streets, beginning at a point in the North line of the alley running through Block No. 2 of the McMillan Addition which point is 100 feet easterly from the easterly line of Jefferson Street; thence, easterly a distance of 40 feet to the P. C. of an 80 curve to the left; thence continuing easterly along an 81 curve to the left, a distance of 130 feet to the P. T. of said curve, which point is 8.5 feet northerly from the southerly line of said alley; thence easterly on a tangent to the last described course 8.5 feet northerly from and parallel with the southerly line of the alley in Blocks 1 and 2, crossing Trinity Street and Neches Street a distance of 452.2 feet to the easterly line of Neches Street, the location of said trackage being shown by yellow line on print hereto attached and made a part of this ordinance for all purposes. 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 to afford loading, un- loading and switching facilities to commercial and industrial en- terprises now or hereafter to be located in the vicinity of said d cr— track. Nocars of any kind shall be allowed to stand on that portion of said track which is in either of said public streets. Section 3 Grantee shall at his own expense construct and maintain suitable ditches and culverts along and over which said trackage is authorized to be laid, insofar as the drainage thereof may be inter- ferred with by the tracks, embankments or other structures hereby authorized, and shall at his own expense, in the event the City desires to pave said streets or alleys, pave between the rails of said track and for a distance of two (2) feet on each side thereof, and to construct and maintain at his own expense good a.ndfsuff icient crossings at the intersections of all streets crossed by said tracks, with easy approaches thereto, and on crossings on paved streets to construct permanent crossings under the direction of the City Engin- eer. In case said alleyway is used for other than the trackage pur- poses herein authorized, Grantee herein, his successors or assigns, shall keep said alley in proper condition for the use thereof, by the public. Section 4 The rights and privileges herein granted are upon the expressed condition that the grantee shall within thirty (30) days after passage and approval of this ordinance file with the City Clerk of the City of Beaumont its written acceptance of this ordi- nance. Section 5 Should the Grantee, his successors or assigns, cease to use said track for any period of six (6) months, the right and franchise hereby granted shall cease and terminate and shall be of no further force and effect. Section 6 This ordinance and the rights and privileges herein granted are subject to all of the terms and provisions of the Charter of the City of Beaumont, and such privileges and franchise hereby granted shall, subject to all of the terms and provisions of this ordinance, continue in force for a period of '.ten.., (10) years from and after the Grantee's acceptance of the terms hereof as herein required. Section 7 As a condition of obtaining and maintaining in force the rights and privileges herein granted, the Grantee, his succes- sors and assigns, shall upon acceptance hereof, pay to the City of Beaumont the sum of Fifty Dollars ($50.00), and thereafter on or before the first day of Tuly of each year of the term hereof the sum of Fifty Dollars ($50.00)-2 and if default therein shall continue for thirty (30) days afterthe due date thereof, the rights and privileges herein granted shall cease and terminate at the option of the City of Beaumont, and upon the termination of such rights and privileges for any cause the Grantee, his succes- sors or assigns, shall within ninety (90) days thereafter remove all of such tracks, ties, and other materials used in such track- age, and shall place such streets and alley in first class condi- tion for the use of the public.. OV LX. Passed this day of , 1943, by the affirmative vote of all members of e City Commission, the Ma same being: ATTES City cretary Y - 3- Mayor, City of Beaumont, Texas Oleander 0' ! Co. JJJLLLIII �", Tanks 1 'n 10 0 1 � Z M I Z 03 2C) 01 0 - 3 , T 17 34' JEFFERSON — I S TRE E T to o 8d' r - 20 F�S VTLF 6•5- 04-O -- I:-- - a', •�' ` - V E ' 'r P 0 Ini \ � 7 0 + 6� cn, f w » Corili.sheJ .y. c a 3 Moto, ' ' 4 i. l _ End Tr.3S1;X34 ��— End Tr. 31 13+62 ' I 1 —. — — — — —— l?' 03 I IT W TRINITY ' PIf 30�6F ° w conc.Xinj--5T p ' � 3+¢8 I -------- it t 3 ° Depot 31+47, 4 C- - 0 33+17End / O y u 1 , o 3 111 /4 o' . ' / �9./' 9➢' l ! 4-- r�w�; CanC.Xin� 41-� I1 I .ter •.� Poo > / STREET , I Ine o r—T- rq MISSOURI PACIFIC SINES,}�1���' GULF COAST LINES INTERNATIONAAREAT NORTHERN LAND AND INDUSTRIAL DEPARTMENT D. P. PACE LAND AND INDUSTRIAL COMMISSIONER C' c.LUCKEL HOUSTON,, TEXAS I ASSISTANT LAND AND INDUSTRIAL COMMISSIONER Oc • 18th, l!h' 1943 File -,-- 461-1o9p Mr. Hugh B levies , . City Clerk, City of Beaumont, Beaumont, Texas. _ Dear Ur. Blevinss We enclose herewith formal letters of acceptance, accepting the three Beaumont ordi- nances passed by the City Council on Sept. 7th, granting fi,anchise in favor of Guy A. Thompson,. Trustee, B. S. L. & Vio- Ry. Co. Debtor. Yours, very truly, JSA-p®�- WHEREAS, the City Council of the CITY OF BEAUMONT, TEXAS, r.. passed on the 7th day of September, 1943, an ordinance bearing the following caption: and lows: V - "An Ordinance granting to Guy A. Thompson, Trustee, The Beaumont, Sour Lake & Western Railway Company, Debtor, in his capacity as Trustee and not individually, his suc- cessors and assigns (hereafter called Grantee) the right,\ to construct, maintain, repair, renew and operate an indus- try track in, upon,. over and along the alleyway in Block No. 1, and apart of Block No, 2 of the McMillan Addition to the City of Beaumont, Jefferson County, Texas, and across Trinity and Neches Streets in said City as shown by print attached to this ordinance, such track being located by yellow line; providing that such track shall be used only as an industry track and that the rights and privileges here- in granted shall be accepted in writing by the Grantee within thirty (30) days after final passage and approval of this ordinance; providing that if said track is not used for any period of six (6) months this ordinance and the rights here- under shall terminate; providing that the Grantee shallay to the City of Beaumont the sum of Fifty Dollars ($50.00 upon the passage and acceptance of the franchise herein granted and the sum of Fifty Dollars ($50p00) on the first day of July of each year during the life hereof; providing that this franchise shall be subject to the terms and condi- tions of the charter of the City of Beaumont and shall exist for a period of.Ten (10) years, subject to the terms hereof; and providing that upon termination for any cause the track herein provided for shall be removed and said alleyway and streets placed in first class condition at the expense of the Grantee"; WHEREAS, Section 4 of said ordinance reads as fol- "The rights and privileges herein granted are upon the expressed condition that the Grantee shall within thirty (30) days,after passage and approval of this ordi- nance.f ile with the City Clerk of the City of Beaumont its written acceptance of this ordinance;" NOW, THEREFORE, this acceptance WITNESSETH: That GUY A. THOMPSON, TRUSTEE, THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, DEBTOR, now files with the City Secretary of the City of Beaumont, Texas, this written instrument, which is an acceptance, in writing, of all the terms and provisions of said ordi- nance. APPROVED AS TO FORM: General 00,Attorneys d APP OVED:) (M�Avl � L General Manager GUY A. THOMPSON, TRUSTEE, THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY,DEBTOR: BY t� Land a d Industrial Commissioner APPRO Chigf Tngineer 1 WHEREAS, the City Council of the CITY OF BEAUMONT, TEXAS, passed on,the 7th day of September, 1943, an ordinance bearing the following caption: and "An Ordinance granting to Guy A. Thompson, Trustee, The Beaumont, Sour Lake and Western Railway,, Company, Debt- or, in his capacity.as Trustee and not individually, his successors and. assigns (hereafter called Grantee) the right to construct, maintain,_repair, renew and operate an indus- try track in, upon, over and along the alleyway in Blocks Nos. 2,_3 and 4, of the McMillan Addition to the City of Beaumont, Jefferson County, Texas, and across Archie Avenue and Jefferson Street in said City as shown by print attached to.this ordinance, such track being located by yellow line; providing that such track shall be used only as an industry track and that the rights and privileges herein granted shall be accepted in writing by the Grantee within thirty (30) days after final passage and approval of this ordinance; providing that if said track is not used for any period of six (6) months this ordinance and the rights hereunder shall terminate; providing that the Grantee shall pay to the City of Beaumont the sum of Fifty Dollars ($50.00) upon the passage and acceptance of the franchise herein granted and the sum of Fifty Dollars ($50.00) on the first day of July of each year during the life hereof; providing that this franchise shall be subject to the terms and condi- tions of the Charter of the City of Beaumont and shall exist for a period of ten (10) years, subject to the terms hereof; and providing that upon termination for any cause the track herein provided for shall be removed and said alleyway and streets placed in first class condition at the expense of the Grantee;" WHEREAS, Section 4 of said ordinance reads as follows: "The rights and privileges herein granted are upon the expressed condition that the grantee shall within thirty (30) days after passage and approval of this ordi- nance file with the City Clerk of the City of Beaumont its written acceptance. of this ordinance;" NOW, THEREFORE, this acceptance WITNESSETH:. That GUY A. THOMPS ON, TRUSTEE, THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, DEBTOR, now files with the City Secretary of the City of Beaumont, Texas, this written instrument, which is an acceptance, in writing, of all the terms and provisions of said ordinance. APPROVED AS TO FORM: General Attorney ' z' 9 GUY Aa THOMPSON, TRUSTEE, THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY,DEBTOR. BY 2ffa Land Od Industrial Commissioner APPRO • .� 0 �,�,;X� G Chieff tngineer WHEREAS, the City Council of the CITY OF BEAUMONT) TEXAS, passed on the 7th day of September, 1943, an ordinance bearing the following caption: and "An Ordinance granting to Guy A. Thompson, Trustee, The Beaumont, Sour Lake & Western Railway Company, Debtor, in his capacity as Trustee and not individually, his succes- sors and assigns (hereafter called Grantee) the right to construct, maintain, repair, renew and operate an industry track in, upon, over and along the alleyway in Block No. 44 of the Van Wormer Addition to the City of Beaumont, Jefferson County, Texas, and across Orange Avenue in said City as shown by print attached to this ordinance, such track being located by yellow line; providing that such track shall be used only as an industry track and that the rights and privi- leges herein granted shall be accepted in writing by the Grantee within thirty (30) days after final passage and ap- proval of this ordinance; providing that if said track is not used for any period of six (6) months this ordinance and the rights hereunder shall terminate; providing that the Grantee shall pay to the City of Beaumont the sum of Fifty Dollars ($50.00) upon the passage and acceptance of the fran- ohise herein granted and the sum of Fifty Dollars ($50.00) on the first day of July of each year during the life hereof; providing that this franchise shall be subject to the terms and conditions of the Charter of the City of Beaumont and shall exist for a period of ten (10) years, subject to the terms hereof; and providing that upon termination for any cause the track herein provided for shall be removed and said alleyway and streets placed in first class condition at the expense of the Grantee"; WHEREAS, Section 4 of said Ordinance reads as follows: "The rights and privileges herein granted are upon the expressed condition that the grantee shall within thirty (30) days after passage and approval of this ordi- nance file with the City Clerk of the City of Beaumont its written acceptance of this ordinance;" NOW, THEREFORE, this acceptance WITNESSETH: That GUY A. THOMPSON, TRUSTEE, THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, DEBTOR, now files with the City Secretary of the City of Beaumont, Texas, this written instrument, which is an acceptance, in writing, of all the terms and provisions of said ordinance. APPROVED AS TO FORM: General Attorneys ex, GUY A. THOMPSON$ TRUSTEE, THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY-COMPANY,DEBTOR. BY Land:-ana,.1ndudtria1 Commissioner APPRO : � Chi f Engineer