HomeMy WebLinkAboutORD 85-DAN ORDIIJANCE
Granting to the Beaumont VJhiarf & Te al Company, its
Successors and .Assigns-, far a period of years, the
right and privilege _to construct ,and lay a track and operate
its train and cars thereon from a point on the main line of the
Beaumont Wharf & Terminal Company on Long Avenue, -160 feet west
of the west line of Gulf Street, thence .East on' Long Avenue and
across Gulf Street to the South-West corner of Block 22, Jirou
Addition, a total distance of 226 feet , . in the City of Beaumont
and prescribing the condition thereof.
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IT ORDAINED BY THE- CIM'40%+"L OF
THE CITY OF BEA17MONT
SECTION I
That- the Beaumont Wharf & Terminal Company be and it is
hereby granted the privilege to construct,.and maintain, at its
own expense, a single, standard g e railroad. track JPe,ginning-.
at a point . on the main line of the Beaumont Vvharf & Terminal
Company's track on Long Avenue, 160 feet Viest of the west line
of Gulf Street; thence East on Long Avenue -on a fifteen degree
traverse curve across Gulf Street and to the South-west corner
- of Bloch 22, of the Jirou Addition to the City of Beaumont, a
total distance of 226 feet. -- -It= being understood-- and agreed
that the track and siding is laid as an industrial track for
the purpose of reaching commercial end industrial enterprises
located along the right of way, on which said track is'authorized
to be laid.
SECTION II
The grantee, its successors and assigns, shall have the
right to operate trains, engines and cars over said track and
siding ren done so to further the interests for which this
grant is given as stated in the latter portion of Section I
hereof. .
SECTION III
That the said Terminal Company shall be required, at
its own -expense, to construct and maintain suitable ditches and
culverts for the purpose of properly draining said streets, and
to construct and maintain good and sufficient crossings at the
intersections of all cross streets, crossed by its said railroad
tracks with easy. approaches' thereto, so as to keep said street
and cross-ings iri such condition as. not to unreasonably iiter-
fere with public travel said traffic thereon.
SECTION IV
That said Terminal Company shall befurtherrequired to
construct and maintain said railroad track at the same grade or
level as the established -.grade or level of said -streets, so as'
not .to in anywise obstruct the- use of same by the .public, and
shall also within a reasonable time, not exceeding one year after
the construction of said railroad -track,. ballast said railroad
track .along said .street between the rails and to a distance of
two feet on either side thereof with rock, gravel, shells, sand,
cinders or other suitable material tobe determined by the City
.;aovmctI in such manner that said track may be on a level with
said street.
SECTION V
The grant he -rein -'-given- i -s - for e;-- sin.gle track only;- and
shall be laid under the direction of the City Engineer of the
City of Beaumont, and should a dispute over said construction
arise, 'the grantee, its successors and assigns., hereby agree
to refrain from doing said. york�-puntil the smatter, of dispute has
been approved by the- t.ee—of the City
of Beaumont; provided, that if said• committee shall sustain the
contention of the City Engineer -in said matter, then the grantee,
its successors and assigns, shall have the right to submit same
to arbitration. The board of .'arbitrators to, be composed of one
person selected by the Sty I;j jr-age--G.a=ittee,- one by, the
grantee, its successors or assigns, and the third by these two
and the decision of said board shall be final -as to both parties.
SECTION NI
The foregoing rights and privileges are especially grant-
ed upon the expressed condition that the said grantee, its sucm
censors or assigns, shall within thirty -(30) days after the
passage and approval by the Mayor, of this franchise, acting
through its proper officer, file with the. Cityits
written acceptance of this ordinance and upon further condition
that the track to be constructed hereunder shall be completed
within - 40 days from. the passage hereof and upon failure
of the grantee, its successors- or assigns, to file its accept-
ance as provided herein, then this franchise shall be null and
void and become of no further force nor effect.
SECTION VII
This ordinance shall go into force and effect from and
after its passage, approval by the Mayor, the filing of the
written acceptance, as provided in Section Six hereof -and law-
ful publication, as provi ed in the City Charter, and shall
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continue for a period of 1+96&e_ -n (:PS) years thereafter. -
Passed this the �. ) ` day of A•D.
1923, approved. this the �1 day of
1923.
Ashley _
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