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HomeMy WebLinkAboutORD 40-OAr GRANTING TO GUY A. THOMPSON,- TRUSTEE, THE BEAUMONT, SOUR LAKE AND WESTERN RAILWAY COMPANY, DEBTOR, IN HIS CAPACITY AS TRUSTEE AND NOT INDIVIDUALLY, HIS SUCCESSORS AND ASSIGNS (HEREAFTER CALLED GRANTEE) THE RIGHT TO CON- STRUCT, MAINTAIN, REPAIR, RENEW AND OPERATE AN INDUSTRY TRACK.IN, UPON, OVER AND ALONG THE ALLEYWAY IIT BLOCKS NOS. 2, 3 and 4, OF THE McMILLAN ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY,.TEXA.S,_AND ACROSS ARCHIE AVENUE AND JEFFERSON STREET IN SAID CITY AS SHOWN BY PRINT ATTACHED TO THIS ORDINANCE,,SUCH.TRACK BEING LOCAT- ED BY YELLOW LINE; PROVIDING -THAT SUCH TRACT{ 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 GRANTEDTH SUM OF FIFTY DOLLARS 050.00) ON THE FIRST DAY OF OF EACH _YEAR DURING THE LIFE HEREOF; P OVID- G THAT THIS FRANCHISE SHALL BE SUBJECT TO THE TERM AND CONDITIONS OF THE CHARTER OF THE CITY OF BEAU- MONT AND SHALL EXIST . FOR A PERIOD OF `"TEN (10) YEARS, SUB- JECT TO THE.TERMS HEREOF; AND PROVIDING THAT UPON TERMINATION FOR ANY CAUSE THE TRACK HEREIN PROVIDED FOR SHALL BE REMOVED AND SAID ALLE'' TAY .AND STREETS PLACED IN FIRST CLASS CONDI- TION.AT THE EXPENSE OF THE GRANTEE. AN ORDINANCE 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 tract. in, upon, over and along,the alleyway in Blocks Nos. 2, 3 and 4 of the McMillan Addition of the City of Beaumont, Jefferson County, Texas, and across Archie Avenue and Jefferson 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 ft. more or less distant southwesterly from the westerly line of Archie Avenue; thence northeasterly along the alley of Blocks 41 3 and 2 of -said addition and crossing Archie and • A Jefferson Avenues, a distance of 630 ft. 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 ft. to point of beginning of connecting track; thence north- easterly on a curve to the left, a distance of 110 ft. more or less to end in the northerly line of said alley, 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 track. No cars 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 and sufficient cross- ings at the intersections of all streets crossed by said tracks, with easy approaches thereto, and on crossings on paved streets to con- struct permanent crossings under the direction of the City Engineer. Tnscase said alleyway is used for other than the trackage purposes herein authorized, Grantee herein, his successors or assigns, shall keep said alley in proper condition for the use thereof, by the public. -2- 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 ordinance. 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 shalt cease and terminate and shall be of no further force and effect. SQction 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 Granteets acce-otance of the terms hereof as herein required. Section i As a condition of obtaining and maintaining in force the rights and privileges herein granted, the Grantee, his successors and assigns, shall upon acceptance hereof, pay to the City of Beau- mont the sum of Fifty Dollars ($50.00), and thereafter on or before the first day of Ju1V of each year of the term hereof the sum of Fifty Dollars ($50.00), and if default therein shall continue for thirty (30) days after the 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 successors or assigns, shall within ninety (90) days thereafter remove all of such tracks, ties, and other materials used in such trackage, and shall place 50 494'? such streets and alley in first class condition for the use of the public.. Passed this day of 1943, by the affirmative vote of all members of the City Commission, the same being: ATTEST: Citecretary Q. Mayor, CIty of Beaumont, Texas