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HomeMy WebLinkAboutORD 41-OAN ORDINANCE GRANTING TO GUY A. THOMPSON, TRUSTEE, THE 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 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 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 (050.00) UPON THE PASSAGE AND ACCEPTANCE OF THE FRANCHISE HEREIN GRANTED AND THF SUM F FIFTY DOLLARS ($50.00) ON THE FIRST DAY OF OF EACH YEAR DURING THE LIFE HEREOF; P VIDI G THAT THIS FRANCHISE SHALL BE SUBJECT TO THE TERMS ID CONDITIONS OF THE CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (1:0) YEARS, SUBJECT TO -THE TERMS HEREOF; AND PROVID- ING 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. 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 Block Nov 44 of the Van, Wormer Addition of the City of Beaumont, Jeffer- son County, 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 northeasterly over and across Orange Avenue, and along the alley of Block 44 of said Addition, a, disten,ce of three hundred forty (3401) feet more or less to a point where the -tracks of the Gulf and Interstate Railway Company cross 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 S il, d' �•l ---� 9_7 ° 9 9 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 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 purposes 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 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 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, subjebt to all of the terms and provisions of this ordinance, continue in force for a period of ten: (1©) 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 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 J�L 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 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 , City ec tary -2- de- a . & -, �0� Mayor, City of Beaumont, Texas