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HomeMy WebLinkAboutORD 30-A-3i AN ORDINANCE, Granting 'to the Texarkana & Ft. Smith Railway Company, its successors and assigns, f or a period of fifteen (15) years the right and privileges to construct and lay a track and op er ate its trains and cars thereon across Burt Street, -nd over and along Finis Street 'from and across Carroll Street t orwl- � r- Leonard Street in the City of BEaumont and prescribing the conditions thereof. BE IT 4R DALTED BY THE CITY COUNCIL OF THE CITY OF B EAMONT t Section le That the Texarkana & ,Ft. Smith Railway Comp any,b e and it is hereby granted the privilege to construct and maintain at its own exp ense a single, standard gauge railroad track across Burt Street, over and a1 ong Finis Street from and across Carroll Street _ Leonard Stre st in the City of Beaumont, and it is also authorized to (o-rst ruct a switch track connecti7 with said track above. authorized s4-4_"pointnot greater than twenty-five (25) feet gest of Wallace Street on Finis Street and across Wallace Street to the property cmin ed by the Beaumont Column Fac.tor,y. It being understood and agreed that the tract and siding is laid as an industrial track for the purpcBe of reaching commercial and industrial enterprises located along the right-of-way on which said 'track is authorized to be laide Section 2. The,_.grantee, its successors and assigns, shall have the right to operate trains, 3ngines and cars over said track and sid- ing when done so to further the interests for which this grant is given as stated in the latter portion of Section 1 hereof. Sedtion 3. That the said Railway Company shall be required, at its own expense, to construct and maintain waitable ditches and cul- verts for the purj)ose of properly draining said Finis Street. -and to construct and maintain good and sufficient crossings at the intersections of all c170sa .streets, crossed by its said rail- road tracks with easy approaches thereto, so as to keep said street and crossings in such Gond tion as not to unreasonably interfere with public travel and traffic thereon. Section 4. - Thatsaid Railway Company shall ' be fur th er required to o nstruct and maintain said railroad tracer at the same grade or level as the established grade or ]vel of said streets, yo as not to in anywi se obstruct the v� a 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 Finis Street between the.' rails and to a distance of two feet on 'eifther side tha'eof. with rock, gravel, shells, sand, cinders or other suitable material to be determined by the City Council in such manner that said track may be on a level with said street.' Section 5. The grant herein given . is f or a single track ' only; said track .shall be laid as ,near the center of the street as possible and shall be, laid under the di rection 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 work until the matter in dispute has been approved by the Street and Bridge Committee of the City Council. of the City of Beaumont; provided, that if said co?mmUttee shall sustain the, contention of the City Engineer in said matter, then the grantee, its sucessors and assigns, shall have the right to submit sama to arbitration. The board of arbitrators `to be. com- posed of one person selected by the Street and Bridge Comittree, one by the grantee,''its succe.sscr s or assigns, and the third by these two and the decision of said board • shall be final as to both parties. Section 6. The foregoing rights and privileges are especially granted upon the expressed condition that the said grantee, its successors or assigns, d. all within thirty (30) days after_ the passage and approvalby the Mayor of this franchise, acting ' through its proper officer, file iYith the City Secretary its written acceptance of this ordinance . and upon fx th er condition that the track to be constructed hereunder shall be completed within sixty, (60) days from the passage hereof and upon failure of the grantee, its successors or assigns, to file its acceptance as provided herein, then this franchise shall be null and void and become of no further force nor effect. Section 7. If the gra tee, its successors or assigns, shall at any time- during the Life of this franchise discontinue the use of the track, for _which this franclbise is' granted, for a period of thirty (30) successive days; this franchise shall then and there terminate and all the rights and privileges -herein_ granted shall revert back to the City, and the 'grantee, its successors or assigrb shall on notice from the City Council remove its track from the streets, and if same is not done within thirty- (30) days there- after, the City of Beaumont shall have the right to do said work itself and recover of and from the d efendant such amount as may be expended by the City of Beaumont on said work plus ten percent additional .as a penalty, and- if said a wunt is -not paid within thirty (30) days after the completion of same by the City, an additional ten percent shall be added as apenalty, and the total of said amount shall draw interest from that date at the rate of ten percent per annum. Section 8. This ordinance shall go into force and effect from and after its rm ssage, approval by the Mayor, the filing of the r No Text Beaumont, Texas, Mar..15,1911. To the Honorable Mayor and City ,Council, Beaumont, T e ix a• s. Gen tle men: m • We-, your Ordinance Committee, to whom was referred the ordi nance of the Texa,rlcana & Ft.' Smith Railway Co. the right to construct a.track and operate its trains and cars over same on Burt ,Street and Finis Street from Carrull•to and including Leonard .Street, beg to report that after auly considering same recommend that same - be: adopted. Respectf ully submitted, Ordinance Committee. 1 mcg r 1 I f FREDOH THE -2 DAY OF .VT11 'TTON. CITY SECRETARY , Per_ Beaumont, Texas, May 83, 1911. Yr. -J. G. Sutt on, City Secretary, Beaunont, Texas. Dear Sir: Whereas, there was passed and approved by the Mayor of the City of Beaumont on the 2nd day of May, , A.D.,1911., a certain ordinance granting to the Texaxkana °c Fort S7hlth Railway Company a franchise to lay a track to operate trains thereon over and across Finis"Street', the caption of which ordin-ance reads as follows: "Granting to the Texarkana Ft . Smith Ry. Comp my, its successors and assigns, for a period of fifteen (155) years the right and privileges- to con struct and la.y a track- and 'operate " its trains and cars thereon across Burt Street, and over and along Finis Street from and across Carroll! Street to Leonard Street in the City of peaumornt and prescribing the conditions thereof," �® this is to notif,7you that said -ordinance accepted by the said Texarkana & Ft. Smith Railway Company. Very truly yPqur,s, ,A, Eli- 41mme .0� 7 AN ORDINANCE Granting tib the Texarkana & Ft. Smith Railway Company. its cuccossors and assigns,, for a period of fifteen (15) years the right and privileges to construct and lay a track and operate its trains and Cara thereon across Burt ,Street, and over and along Finis Street from and across Carroll. Street to Leonard Street In to City of Beaumont and pre- scribing the conditionta thereof. BE IT ORDAINM BY TM CITY .GOUNGIL OF THE, C11M OF BEAUMONT: Section l.. That the Texarkana & Ft. Smith Railway Company,, be and it is hereby granted the privilego to construct and maintain at its own expens.© a single,., standard gauge railroad track across Burt Street, over and along Finis Street from and. across Carroll Street to Fast side of Leonard Street :.0 the Qlty of Beaumont, and it is also authorized to construct a awit�h 'trace connecting with said track above authorized point of switch to be not greater than t'aventy-five (25) feet Asst of Wallaoe Street on Finis Street and across Wallace Street to the property ovmed by the Beaumont Golumn Factory. It 'wing understood and agreed that Vaq track anal 0 -ding is aid as an industrial track for the purpose aZ reaol-ling eommeroial and industrial enterprisers located along •the righto-of-way, on 'a l ch said track is authorizod to be IaM, Section 2, Tho grantee, its successors and assigns., shall have tht right to operate trains, enginob and cess over said track and: siding when done go tofurther the interests for whish this grant Is givon as states? In the latter portion of Section 1 hereof* Section 30 fnat the said Rtillvay Company shall be required; at !to overs expensed to construct mind maintain suitable ditches And culverts for the purpose of properly draining said. Finis Street, and to constMet and maintain goad and sufficient crosOings at the intersections of all cross 6t3reets croosod by its 661d railroad tracks with easy approaches theretoo so as to keep said -2,& street and crossings in such condition as not to unrpaoonably interfere With public travel an,d traffid. thereon, Section4- , Li That said Railway CoiApa4y shall''be fm-thbr reqii1r'6d to construct'and4aintain said ra'ilroad'track at the same grade or level as the established grade or level of said streets, s4°as not to in anywise obstruct ficheuseof same by the publie..4 and shall also within -& reasonable time; not-exceedin''S one year -after the.6on-struction 62'said'rai Ir oad'tradk'ba_l1ast said railro'a'd - track'along Bald Finle Str6et between the, ral-19'and to of two feet'. on either side therbof with rook,.. gpavel',7shells,, S'and, cinder'8 'or other"' 8ultal6la material to, be determined by the City Council I.n such mannei, that said track may be on a 1OV61 with said dtreot4 Soctiori 5. the grant herein givet is for a tingle track only; said track shall. be 'laid as near th6 center of the stroot as possible and shall be laid under the diredtion.of the City Engine'er of the Oity of'Beaumont'. and should a,dispute over said construe, on tivio6j,the grantee,,'Its successors and assigns,* hereby agree to refrain from doing said work until tho matter in disputd has be_6n approved by tho Street and Bricige Committee of the City QouncAl: of thd City of Beaumont; provided, that. If r3aid, eom3idttee shall 8ubtaln the bontention of theCityRadineer In sticl mattbr.. then, the grantee.*, Its Suedessops and assigas,, shall have' the right to, submit same to atbitration.. biA -%6 board of arbitration to be o - pealed of one person aeledtod by the 'Street and Bridge Gor-witted,, one by the grantees. its buccossor6 and' assigns,,; and thb third by those two and the deel8ion of'btdd board shall be' final: ''as 1.6. both parties6 R, P 15 f Y) ek 'y -z, ,*t3 -r - Section 64 ,zhe f oregoing rights and privileges are Qsi'peal �117 - . L grantbd upon the expressed condition that the said grantee, its sudoessors or asgisns,'O shall Within thirty .(30) days after the paosago and p-pproval by th6. Mayor of this. franchise, .,' acting through Its proper 6fficer,.. filo, with ,the City ;a earetary its written acceptance of this ordinance and Upon further condition that thO track tO be dOnstmet0d.hereunder shall be completed within sikt-y (00) dayt from the passagO, hor6of and UPOA failln-'e, ok the grantee, Its successors or assigns,, to file 'its acedptance as j)povided herein., then this tranclAae shall bib null and void and beepmo of no f Wther forge ord e nor effect, Section 7* X:f the grantee't its =00088ors or assigns, shall at any time 'during the life of this franchise discontinue the use of the track. for Which this franchise Is granted,, for a period of thirty (30) succesolve days; this franohise shall_they._and there termi- nate and all the rights and privileges herein granted shall revert back to the City, and the grantee,, its suocessorf) or assigns,, shall on notice from the City Council remove its track, from the streets, and if same is not dohe within thirty (30) days there aft6r., the City' 02 Boaum6iit and1l have the right to d6 said work Itself end. recover of and from thO defendant such amount a.6 may beexpended by the City of Beaumont on said; work plug ton percent 66aiti6na`l is not RMO - paid Within thirty (30) as a panalty.'and''if'sqld mt dayO after the completion of same by th" Cityb an additional ten percent shall be added as a penalty,,, and the total of said amort shall draw interest from that date at the rate of ten percent P"'Or! Section 8, .Lkua ordinance shall go into force and effect from and aftor its passage,, kpproval by the Mayor, the filing of the written acceptance, as provided In Section 6 heroof, and la" publicationp, , as provided In the City Charter,, and shall c6ntimi, for a pe3Aod of fifteen (15) years. thereafter, Passe -4 this . the 2nd day 'of-, M A loll App -a0"4 th-16 the, 2nd .dal of R5.y-A 0 Id, A MAY 41 nil (Pigned) MHOTT Ai FLEITCHER.,o, ma-yoro ATTES"P:, (S igned) j G, SV21TION 011ie)��jLoydo-qitq Clerk.mf t ty lio 0i of-Beaumonti, 4p. hereby certify that- tho above, and fomgding Is - a true. and �orrqot,copy of drdInanee pats +d by the Qity.OqUncll of tho Crit 3-e agamont of,B aumont on the end day -of MaVo, .A D:, as pecord6d in Vo1=0 Zp. pagela 1--21--!U12,, pf, the X=tos of - Ordinanceg p f the .0 Qpunoil Of the ity city p� Beaz�ont* GIVEN tinder nrj hand and 6:,� the City of Beaumoiit- thiz the loth day of September... A.D. 19024 CITY c5TRY" OTTY15P. BELAWHOINTO TEXAS* WEAR, ORGAI N & BUTLER LAWYERS W_G.WEAR BEAUMONT, TEXAS WILLE.ORGAIN CHAS.T.BUTLER 1' 1� 1 May 8•, 1911. Mr.T.G.-Sutt-on, _ City Secretary, Beaa.mont, Texas. Dear Sir: This will acknowledge receipt of yours of May 3rd, enclosing a certified copy of ordinance granting the Texarkana & Ft.,Smith Railway Company; its successors and assigns a fran- chise to the Column Factory. We are herewith enclotkng to you the acceptance of the rrexarkana & Ft.Smith Railway, which you will please frile. Yours very truly, O/E Enc