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HomeMy WebLinkAboutORD 28-A-3AN' ORD INAE CE. Granting to the Beaumont, Sour Lake and Western Railway Company, its successors n.nd assigns, for a period of �� years the riE_hts and privilege to corstructand lad' e track and operate its eng-nes, trains and cars there- on across Bibb Avenue to an alley in , sMock- 44 of ti-te ' Van Wurmer Addition to the Citi; of Beaumont, between Crockett and Bonham StreQts, thence up said alley to a point where. the Gulf and Interstate Railway Company's track -crosses sar2e,and prescribing the conditions thereof. BE IT O GAINED BY THE CITY COUNCIL OT' TT -1-9 CITY OF F EC�tJ TONT : Section 1, That -'}le Beaumont, Sour Lake and Western Railway Company be and it is hereby granted permission to can- struct and maintain, at its own expense, a over, across and along= the following streets, a-u-nues and alleys in the City of Beaumont, - to -wit: Beginning at a point in Block 45 of the Van Wor- mer Addition to the City of Beaumont) thence ;� TV,0-e44. u 4 across Bibb Avenue to alley` urninr, narallel, and ?,etween Crockett and Bun1iara Stre: ?ts, thence u?i sai d alley to a point where the Gulf and Interstate Railway Company crosses same; said sw44ill to extend from its point of beginning in Block 45 of th. Van Wormer Addition to the City of Beau- mont acrozs Bibb :Avenue and to a point, where, the Gulf and Interstate Railway Company crosses From the southwestern I)oundary of -Block 44 into said block. It being understood and agreed that the said track is laid as an industrial trac% -or the purpose of reaching cairimercial and industrial enterprises on said Flack 44 in the Van Wormer Addition to the City of Beaumont, Jefferson County, Texas. Section 2. The grantee, its successors and assigns siall also have the right to operate tr,aitis, eiir_ines and cars over said track when done ,;o to Dirti-er the, interests for which this grant -is given, as stated in .the' latter:' portion of . Section 1 hereof. Section 3, In ® nside ration of the grant of this franchise the gra,-itee, its' successors and a signs, agrees and ob= ligates itself from time, to time, as it. may ,be required by the City Council-., to. surface the, tracks 'laid under this.'. - franchise,, to grade°level with she street.wirh,sand, crushed rock, shell., brick�-or other, material suitable as the. City Council "mai direct;, and in the event that at any time the City may undertake to construct public sewers,,•underground intersecting any„portion of the track laid hereunder,the grantee, its successors and assigns agrees and 'obligates itself to pay faz';5a much o said sewers as underlie said track and the grantee, its successors and assigns, also obligates and agrees to construct, build a,nd.,maintaim such ditches and culver-t.s as it may be .so uirected by the City Council QX, and"of--such' material as the City Council may' . air. ect, 1t Section 4. The grant"',hereir. given is for 'a single track only; said track shall be laid as near the center .of the street _or_ alley__ s os-sib-le and slol.a-11, Vie_-1aid .under, -the__dir,e,ct.i.on—, of the City En-ineer of this City of Beaumont, and should a dispute over said cor_gtructlon arise, the, grantee its successors and assigns,-hereby agrees to rafrAn,frcin doing; said vrork Until' t -_e matter in dispute, has been au.pr ovQ3 by the Street and Bridge Committee of the .City Council of the City ofBeau- mont; provided, that if said conmiti ee shall;,susta n. the:..;: contention. of the City Engineer in said matter, then the grantee, its successors and assigns, shall have; the right. ` Y to submit same to arbi tration. : The board':ofar'bitra.tore to,j�e compused of .one person selected. by the Street 'and :_Bridge Committee, one by the grantee, or its succe,'ssors'. a,nd assigns, and .t tr-.'rd by these, two 'anr�'the 'decision j of said board, shall be final. as to'both parties: Sectioh 5. Tha foregoing r_­f?Its .and pri?rile g e s are especially g anted upon .tahe ex -pressed condition that the said grantee,. its .successors or assign's,. shall vrithin thirty (30) d'a3r8 after the passage and approval by .the Ma.3r0r of this frau- ; chisetacting through its groper officer,.file th the . ` rGgty Secretary its written acce7ta:ace of., this ordinance ter and u�yon further condition that the track to..'he constructed.. ,.herein. e sb.all be completed w ithin .sixty (60) days from the... � - - - -passage he"reof and, -`upon failure , d�"� �t�in an e - = it`s'',suc - cessors or assigns,_- to file its acceptance' a's pro�Ti de here i21, Ahe.n tl,,is fr.,�nchise sliall be. null. 6,n r3 void .and be - 'come of no further "force 'nor effect. Section 6. Thisoclnance sha11' gv Zr.to force and effect from and' after its;_".p as sage,, a pro.val -by t e, Mal ror, the filing of the written acceptance -.as provided Jr. Section 5 and lawful publication;' as provided in the City Charter, and' shall continue for -a,period' of ✓ gears thereafter. . Passed; this the of �%��C�-A. D. i911. Approved this the. `' �� da r of A. D. 1911, ATTEST: it Secretary.' -� Gvc-�-- �-r.•--� tee: ���/�- G �—z��- �.� ��e.--t: d', c��-� �i�'�`�. NEW ORLEANS. TEXAS & MEXICO RAILROAD CO. THE SEAUMONT, SOUR LADE & WESTERN RAILWAY CO. THE ORANGE & NORTHWESTERN RAILROAD CO. J. 11. ELLIOTT. �"1 f:T:-PREB•T -0 Cel•[. ITO.. HOUSTON, TEXAS. March 9th, 1911 File 1733 Mr. J. G. Sutton, City secretary, BeAumont, Texas pear Sir: This v:lill acknowledge receipt of your favor of March 8-th, enclosing certified copy of an ordinance grant- ing a franchise to The Beaumont, Sour Lake & Western Railway Company for aperiod of fifteen years the right to construct a track and operate its engines, trains and cars "hereon, ucr.oss Bibb Avenue to an Alley in Block 44, City of BeaLimont. We accept ail provisions set forth in the ordinance and will see that every effort is made to complete the work within time limit specified therein. A- k Yours truly, 1 oil .7 1,4 CERTIFICATE Cr- PASSAGE,,IL r G. ST,tt on _ - eby certify that the att check urdln'nce -,rid correct, -IS 10 fid record witness MY'' hmd,-and seal of'office; this the- day of ' , 1911. city Secretary* CURT ILPICATE OF 1 UHMICATION,' THE T AT Off'", 7.' .Han As .,) • , COUNTY OF - 7'7ERSON) f% \' of the 73eamont 3)I ly :Jqurna.7.a dailSr ne.;spape a pu��.ished`�n .the City af. Betamant '�exss solc;ranly €�wc:ar . Ght an 'tirdi:nace('cxipl�'�'-ereta. :- ,._ IN shed) vias _ ubli shed �� in the '13e aunont Jour ri J. , on tb-wit , ':`.;:.,,�, ,, � q'•, � ,1911,. Re Dumont Journalt: - 1 - SwoxIb •to Fnd 6Jbscribed be�ure'mes this tho �� day of o tary Public, Jefferson CoUnty, .Texas.