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HomeMy WebLinkAboutORD 40-DAN ORDINANCE CV)A `r C) /iz1 Declaring the railroad tracks running along east Bowie Street, beginning at the west line of Park Street and running thence east along Bowie Street to Main Street, to constitute a public nuisance endangering the lives of persons traveling along such street and seriously impeding and hindering vehicu— lar and other traffic along such street, constituting a wilful and unlawful obstruction thereof; ordering such railroad track to be re— moved and the portion of the street occupied thereby repaired by the—owners thereof within the time and in the manner prescribed therein; fixing a penalty for they violation thereof; authorizing and directing the City Attorney to institute necessary suits or actions to compel compliance with the provisions thereof; �"1-� BE IR ORDAINED BY THE CITY CODUAISSION OF THE CITY OF B EAUMONT SECTION l• That after due investigation, the City Commission finds that the -railroad -tracks - owned by the Beaumont, Sour—take and Western Railway Company, or its receivers, successors or assigns owning or controlling such tracks, running along east, Bowie Street in the City of Beaumont, beginning at the west boundary line of Park Street, and running thence east along Bowie Street to Main Street, seriously endangers the lives and property of persons traveling such street and greatly impedes vehicular and other traffic upon such street, thereby constitutes a.public nuisance; that such railroad track has been placed upon and occupies such street without any valid right, franchi se or other lawful authority, and constitutes a wilful: mid unlawful obstruction of. -such street. SECTION 2. That the Deaunont,. Sour Lake and -Western Railway Company, or its owners, receivers, successors or .assigns, and any other person, firm o -r corporation owning or controlling the railroad track described in Section 1 hereof, be and they or it are hereby ordered and directed to immediately- take up m3.d remove said railroad track frau said portion of east Bowie Street, and to repair and repave such street --_ 3 A 19;? 3 along such tracks with the same or like material and in the same or like condition as now.exists on the parts -of such street not occupied by such railroad track; that the actual work of removal shall commence withiiz thirty days from the passage of this ordinance and shall be completed within sixty days from the date of the passage -of this ordinance; that the work of removing such railroad track and the repairing and repaving of the parts of the street occupied by such track shall be conducted in such a manner as not to hinder or obstruct traffic more than is absolutely necessary in performing such work, and shall be conducted, in all things, in accordance with the law and rrith due regard for the safety and convenience of the public. SECTION 3. That, the said Beaumont, Sour Bake and Western Railway Company, its Hollers, their successors or assigns, aild any- other__�Or:spn, firm or corporation owning or controlling the railroad trach mentioned in Sections 1 and 2 hereof, upon failure to comply with the provisions and requirements of Sections 1 and 2 hereof shall be liable to a penalty of TWO HUNDRED DOLLARS ($200.00) for each and every day of such failure to comply with the provisions of this ordinance, the same to be recovered by suit in the name of the City of Beaumont in any court of competent jurisdiction. SECTION 4. That upon failure of the said Beatmont, Sour Lake and Western Railway Company, its ownerst operators or -`eceivers, their successors, assigns or any other person,firm or corporation owning or controlling mentioned the -railroad tracklin Sections 1 and 2 hereof to comply with the crci4uir.ements of this ordinance, the City Attorney is hereby authorized and directed to immediately ins ttute such suits, actions or pro ceedings, in the name of and on behalf -of.- the City of Beaumont, as M,- 13 �� l may be necessary to compel compliance ,Frith the requirements of this OrdinMO@, the penalty above provided for in Section 4 hereof being merely C-atly:e of all other lawful remedies, f ct th t t rail c ad tr ing 44on :east o�Tn tr t, as, desc, ibed d e ei4l, serIOusly ndangers e _� ,es o p s tr velin suc stye and:'eri only i _ p e 'ens 'and inder trafie , a ons 't - ting a pub _ c nu san ; crees p rativ 7 pub + a em,Qrg cess'. akin the e ion o t le equiring S ordi ance to b, read a t], ee s" rat day ' befo 'e fin i pas 'a e; w e�ef®re su rules lie�eby spen d ai� this o 'n Ah s all 4Eaftof ect f o�� an er i passy Pass; d by they affirmative vote of all ,mEmbers of Ithe Commission t as 13ti dad o I<liarch .g,D., 1923 Vl^ldol"` 1141"W"I III 1'111"�".'i_'? 302 fiD' 3, MMT `2113 01'_-'Y 01" D75-AMAD142 AUD rE:T.Ni! B33AU1,10115.11, 301311, TWAIUAP143- 1";E!'T.1,R41 RAIT;�','Ay 0011131,1UY0 IRA11ROAD VIACIIM ON WVVIR. STRME2.. Tho above hoadina relator also, to trio tkabjeot matter. of tho pending ounza in the Urtitod OtRtco 0o,,:zrt :Vo3Y- thoBagn tris of .0to J)I TexaUt Beaumont Division,, . 3��Uty iso # 371,j styled Bommiont Soia#- Lake and Restern Rnilway ooqpAny Va. city of Benum uto. at al, looking to the -entry Of - in vjroed decree In., thte matter, it is the uudei1st.=4J_W,,' oT the partiQr, talatatively, aB foijowe-, is Oiat. the Bea=ont., Lloux 7,jake nudUvsjotaza pallway Compeuy m-bandon its trsGho- an Dowle street ljdginnirat the woot, boundary Line Of orlecas-st'root and ext -owning to the cast b0iindary line 0:t ran �troot* In consideration. Of this abW-d0uMe11%,, the Oity is to'4roi�-and make good M3 aem crent by - an ordinai'ma that "Ile Be MMO'atv, Sottr Lakes and lootern Railway 0,ompany ahall have the right to ocaupy and -at* for railraodp . uppoeas Bowio.streat begin-aing ttt, tha want boundary :Line of Park Ztroot­ vnxid­ aXto-adUZ ajorig -:rooWio S*I'AWO-Ot Ath the prooeat traoks of said conpwy. 2. In roppeot to, th© traoku on Bowie ;5trept' extending Trom Orleans Stroet . 40 TaxY. tree u, it io Undarotood that t'ho City of Dea=Qnt douires that the possencor. train ap oration.0 obtill ooaoe and that in any event the tracks noN' exteLlding In the center of tho atreat be rei5iovodi it io not, douited to climinate-or tifT�,-ot the ba ooent tLoaok now 6e.Tv1u_g fforvell-;� iladov outrabjidbneat& In connoction- :;,ML this Matter,, it :1,3 UrLd-OrQtood also that the Radio ad ooqpaW is under oome ditticulty in, Mpkinc these conoeJ36jore on account oX-tho apj?1ic.ation of tlio bundo uow- outut�_.tndizig' to all the tvaal.;*e rlGhtu hold bv tho 'Bov=ont:0 S0V.v I.�ke aud- stf..ria GompaiW,q, and oaid, eoppa4y dosireti,, iT poscible, in coajunotlon with thio adjngment to hava 09--tain other and neoeozary franohises n1lowed t U ahich may be reawnauy ooncidered no a oubal-itutior, !or the rights I- oonoa4ed and Aband.onad* &?' cci?! �1�4 ` izf3U1iiL3:Elr" 011 4.0 p ay 'i' ,'t�3,6a�T 4cumiT`pao. oZI4 uo—t !,L m$nTad E;iixtq A oa 4u pToTS Aq ponlaaseD SCTvof;T-oodv caota oq o4 f s4ao x v oTi,&oq puo uTuuu.T WO eW09 U0094 0q -`fit . Qdl 'a . "4V PUUO V, POOZET !'Oil p s i� o � ►'�i OR& Iz y 7 IN THE DISTRICT COURT OF THE UNITED STATES, FOR THE EASTERN DISTRICT OF TEXAS AT BEAUMONT BEAUMONT, SOUR LAKE AND WESTERN RAILWAY COMPANY IN EQUITY VS. THE CITY OF BEAUMONT, ET AL No. 271 BE IT REMEMBERED that on this 30th day of April, 1926, came on to be heard the above styled and numbered cause wherein the Beaumont Sour Lake and Vdestern Railway Company, a corporation, is complainant, and the City of Beaumont, a municipal corporation, created and exist- ing under the laws of the State of Texas, Charles D. Smith, the duly qualified and acting City Attorney of said City, and B. A. Steinhagen, J. B. Swonger, and Ed L. Hickey, respectively, formerly the duly elected and qualified Mayor and City Commission of the City of Beaumont, land their successors in office, are defendants. Came all parties and announced ready for trial, end announced unto the Court that the issues herein involved had been settled by agreement, and requested the court to enter a decree in accordance with said agreement. In accordance with said agreement, 'it is ORDERED, ADJUDGED AND DECREED as follows: I. That the ordinances of the City of Beaumont here involved and passed on the 27th day of Larch, 1923, relating to the railroad tracks along East Bowie Street, beginning at the west line of Park Street and running thence east along Bowie Street to Main Street is here now declared to be null and void. II. That the Beaumont, Sour Lake, and Western Railway Company abandon its track in the center of Bowie Street with the west boundary line of Park Streetand extending to the east boundary line of Main Street; this, however, does not include the spur track serving in- dustries on said Bowie Street, nor interfere with such rights the Beaumont, Sour Lake and Western Railway Company may have to throw sidings off of said spur -track to said industries now in existence and hereinafter to be in existence. In consideration of this abandonment, the City of Beaumont agrees and will make good by ordinances and franchises each and all of the following rights to be given to said Beaumont, Sour Lake and j.�jestern Railway Company: a. Said railway company shall have the right to have and use for railroad purposes Bowie Street beginning at the west boundary line of Park Street and extending west along Bowie Street with the present track of said company. b. That said railway company shall be granted a franchise to build a track across Neches Street at a point between Fannin and Bowie Street, said franchise to expire on December 4, 1956. C.- -Said railway company shall be given a franchise to build two tracks across Riilroad Avenue at points between Bowie and Crockett Streets, said franchises to expire on December 4, 1952. IV. The costs of this suit to be paid by said Beaumont, Sour Lake and Western Railway Company. Judge Presiding. Apprd)ved: Attorneys for Complainant Attorney for City of Beaumont, et al Defendants. -1. IL IN THE. DISTRICT COURT OF . .--THE UNITED STATM, FOR TI EkSTERV _DISTRICT OF -TEXAS AT BEAUL ONT :43EA MON-T-,SOIIR -LAKE A11D ►'ESTEMB��ILWAY CO ANY . IN_ EQUITY-. i.: VS. No. 271 .: THE -CITY OF BEAUMONT,, ET AT, BE--IT--B F±BERFD that' on -this 30th. day of April, 1926; came on to--be heard= the above -styled �.t�d numbered - cause- vfherein the Beaumont SourLake and W-e_sterii ,Rai I-way ComAanYa a corporation, is coarit;, Axid the C:�.ty =of Beaumont., a murz q pnl:.co-rpo r ton, created ,.arid - e , st- -nunder the latirs of the St: t e Tea ,, Charlei D. b. 1:"? p the .du y - quali i ed and acting - Gi ty A ttorriey of sa:ir -Ci ty, . and 3._ h. Steinhagern; J_.,. B. Swonger--,- and Ed'I,. Tlieke .=-respect vely; former-ly--,the; duly: ,nlecteO and= aua7: i i ecI-. i yor and - City . Commi ss:�:on --of _ the Ci ty of - Be.aui ioni, k- d thei'r -.su_ceess' _r-s ft. fflce',- -are defendants - Came. all-parties and • atnounced ready for tr.. al aAd- axv' ounced ii to .the Court t _t:-the issues he °ein involved,, iad- beep." settli��Ad by agreement, anal- requested.-, th-e--couz t to enter a decree in ancarda .ce - In aceoreeztci-'s.acl areerent, it is O�tD.ER�D; �33�LTDGED AND D CREED -a:3 fol'�lows: .'That the- orrdi-fiances of: the City of Beau,- hers: irvclved and passed' on the --27th day of- March-- ':.1923; relating to the rai load-tr-acks along - Ea t_ _Boit e .St °'eet; beginx�:ing a:t :the : west I�i ne of-_dark St?'eet and runri n.g t-hence._-east alo- 1z Boone ,Street: to Main Street . -s' lS�rQ now deelar.ed to -be null ar�d void.- _ That--tile Beaumont, Sour Dake, and ti` estQrn RalZVra Cc+=tpa p abandon; %ts' track 1n the- _cerster :of- Bovii Street car th the y-est �bound^ry line:.of.: a k: S.treetand ext' € i g to. tY�e east boundary • li ae off` liz4n Street,-, thi=s, ho Never ,:.-do e s-.,nb t�rclu.de the. spur -track ser inrz , iii- dustries on - said .Bowie Street �-nor-- interfere vvtith such rlglats the Br Dumont; Sour Lake and Viestern Rail vay Company may have to th;i ovi sidings off of said spur track; to • said industries now in e< Istaice ands hereinafter to be- in existence. ZII. In consideration of this abandonment, the City of - :s—Ia .out agrees and will make good by ordinances and frau-chises each and all of the .following; rights to be given to said. Beaumont, Sour Lake anal Y.estern Railway Company. - a. Said railway company shall have the right to have and use for rctiilroad purposes Bowie Street beginning at the west bp -a. ada ry line - of Park Street and extendink west along Bovie Street with the present track of said company. b. That said railtirtay- company shall be granted a .-fj: znchise to build a track across Neches Stroet_ at a point between Fannia and Bowie Street, sand franchise to exy z°e on December 4, .1956. c. Eai d railway company, shall be- given a fraf.c' ia. D to build two tracks across Rkilroad. Avenue at points between Bowie and. Crockett Street.s.,. said franchises to exp -ire on December 4, -1952. TV. The costs of this suit to be paid by said beau nt, Scor Lake and Western Ra_llway Company. Judge Presiding. .app r my ed : attorneys for- Complainant Attorney -for City of Beaumont,, et al Defendants. IN THE DISTRICT COURT OF THE UNITED STATES, FOR THE EASTERN DISTRICT OF TEXAS AT BEAUMONT BEAUMONT, SOUR LAKE AED WESTERN RAILWAY C011PANY IN EQUITY vs . _ NO. 271 THE CITY OF BEAUMONT , ET AL BE IT RUMMBERED that ori this 3uth_ day of April, 1926, came C, on to be heard the above styled and numbered cause wherein the Beaumont. Sour Lake and western .Railway Uompany, a corporation, is complainant, and -the City of Beaumont, a municipal corporation,,created and exist- ing under the laws of the State of Texas, Charles U. Smithri the duly qualified• acid acting City Attorney of said City, and B A. - Ste.inhagen, - J. b. Swonger, and Ed. L. Hickey, respectively, formerly the duly elected and qualified Mayor -and Uity Uommission of the City of Beaumont,_. Z and their successors in office, are defendants. Came all parties and announced ready for trial, and announced unto the court that the. issues herein involved had been settled by agreement, and requested-the•court to enter.a decree in accordance with said agreement. In accordance with said agreement, it is ORDERED, ADJUDGED, AND t DECREED as follows; I. That the ordinances of the Gity of Beaumont here involved and passed on the 27th day of 3&urch, -1923, relating to the railroad tracks along East Boviie Street, beginning at the west line of Bark Street and running thence east along bowie Street to Iain.. Street- is here now declared to be null and void. • II. That the Beaumont, Sour Lake,'and Western Railway Company. abandon its track in the center of -bowie street with the west boundary line of kark Street and extending to;the east boundary line of Iain Stree.t; this, however, does not include the spur track serving in- dustries on said Bowie Street, nor interfer with such rights the w Beaumont, .Sour. Lake and Western Railway uompany may have, to throw' sidings off .of said spur track to said industries now-in existence and hereinaf-ter to be in existence', In consideration of this abandonment, the City of Beaumont agrees and will make good-by ordinances and franchises each and all of the following rights to-be given the said Beaumont, Sour Lake and Western Railway Uompany: a. Said railway company shall have the right to have and use for railroad- purposes Bowie Street beginning at the 'vest boundary line of -nark Street and extending west along Bowie Street with the present track of said company. b. That said railway company shall be- granted a franchise to build ;a track across Neches street at a point-between !annin and Bowie Street, said franchise to expire on December 4, 1956. C. Said rainway company shall be given a,franchise to build two -tracks across Railroad "venue at points between Bowie and Crockett Streets, said franchises to expire on December 4, 1952. IV. Che costs of this suit bo be paid by said Beaumont, Sour Lake,, and western Railway Uompany. udge Presiding Approved; --_ - Attorneys for Complainant Attorney for city of Beaumont, e .al Defendants.