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HomeMy WebLinkAboutORD 3-BAN CRDIN *TCF ©RD, Whereby the -City Council U ' th6 Cit✓u of Boaunmont �,.rant,s to TIE; BNA2�I ,10—.1'IT, 'SQUR LAXE & WESTERN RAILWAY C01APA11Y, :it %Woorloors and asolgnsq-the. rte';t to lav; .rai7r€?aC% trac,R s my opeTate :i'fi sra'i i road over.) a1ongip `upon t�7 i�.w across certain puhlpublic:3trt ota9. al eyso avenne63 alai h riLlt.grF� within. ,I1 .',CDf�1JLato i'iT'it� of the.Ci.ty of Beawwnt, o.Y '. iiiiposes certain condi :ions in re:ipeet tlrioreto. BE, 1T OP-DAII-I M BY. THE' CITY COWNC115 OF'' THE CITY -O I3E'AUM.flrrT That TAE" PEI3W1,1Ui;T 1, SOUR LATA, ez VJDS EIZ RAI t WAY COMP.0f An Its 6wn rtgrrht' and in right of its immocesmors an(! is hereby grailted 'tho right, of v;�� fox' and mi ori �ty to construct, own, naintain and operate its Xlaj,l7.oad ::1$2d -railroad f,racl"S. Over, alo7.g? upon Auld .aC'ross tho_ fbIlowti public .t treots7 alb.%rs, ave1'1ixes a.W h:L-1.1 ays within t;ie oorporate limits of the, City of Rcr3mwnt as Por One Amin line track from "bhp; boundary line of t )ip, city at or near a point on the said viest boundary I iie 927 fe6t :'hili}h ,of 't✓hn 2?tg t of way of the Texts? et Ile, 07-1eans Ra-L-1road CORIPany'.s ra.11ro.ad fror11 "e'a1V1X))1t-t0- I��t2;��aa1,•:r.°ZiI1,I!71� 1, r;i;c3G in an carton to tho wp-t ei-�_ of the y€j.:tds, of tho Toxarl.;aria & Fort Smith Rai l-- ,'Talr Cor��arl�l� Por one, t?:'acx, al mg the al e'er vrh toll I31Soo is Blocks T' *L -%ter --two (52), F1Tt✓Y-t11r0P (.53), P Pty- ollr (IrA) €and (55) of the Vzan 1rG3"'ner• Atdd lliori, . fm;—q thE-a ` OX811- lona & Foz*, "Smith Ii; iiwau Company''-yardo oil the ,70.,A to a coo_ necti.wn with' the. track of the Gulf, & 1ntp,.rF3tuto rail- way Company. of" Texas, ontd the Gulf, Co o?T€ado & Santa re Ra- 177vy -(70'71P, Ta .) Block `Twe€2ty•-two (22) of the Van Vior. or Addition Oil the P,:_ist,, For two tracks along blest Bowie Street from the yards, of the Texarkana A Port Smith Railway Company on the west to the east line of Railroad Avenue on the east. 4. For one track along the alley bisecting Blocks Fifty— eight (58 )., Fifty—seven (57) and Fifty—six (56) of the Van Wormer Audition 'from the yards of the Texarkana & Fort Smith Railway Company on the .vest to the east line of Railroad Avenue on the east. 5. For one track on Pannin St-ceet from the yar s of the Texarkana & Fort Snaith Railway Company on the west to the east line of Railroad Avenue =on the east. 6. For -one -arae', along East Eowie Street, beginning at -the west boundary --line of Sabine- Street, running; thence east along Eowie Street to Ll'airi Street, acro -is Ilain Street and across Travis Street ands aeros-s Cypress Street in the most practicable manner to the property heretofore known as the property oy the Texas Trara & Lumber company on the, Neches River. 7. For one track at or about the intersection of Avenue C with the west end of Crockett Street to a connection with the tracks of the Texarkana & Fort Smith Railway Com— pany at the Northwest end of she yards of said. Company., 8. For one track east of and adjoining, and ,practical— ly parallel to the northeast boundary line of the yards of the Texarkana & Fort Smith,Railway Company, crossing the alley which intersects Block 'Fifty—tyro (52) and crossing Avenue A and Bowie Street near the intersection thereof, and crossing the alley which intersects Block Fifty—eight - ( 58) and crossing Bibb Avenue near where the same inter- sects Fannin Street. 9. For one track on Fannin Street beginning at the - East - boundary line of Railroad Avenue, and running thence east along Fannin Street to the east end thereof,. and thence to the Neches -River;-provided it is not intended hereby - to grant to said Railway Company the right to occupy both that part of Bogie Street described in paragraph six above, and also that, part of Fannin Street described in this paragraph, and the said Railway. Company is required to elect betirreen said streets at said points, and file in the office, of the secretary of this city, within ten months after the final passage of this ordinano �•, and before laying its track on either street between the points mentioned, an instrument signifying which of the two ryaid streets at said points, it elects to occupy, and thereupon the right of 1,ray- over the street not. so designated shall be deemed abandoned 40K 10. For one track along the alley Forty-seven (47) Forty-six (46) and Vara Viormer, Addition beginning at or lane of Avenue C opposite and Hest Avenue B and Avenue A, to the west Avenue. 0RD, 3-b J' Rlf(jlgOb intersecting Blocks Forty-five (45) of- the near the Hest boundary of_ said alley, c3°ossing boundary line of Bibb 11. With the right to prose and intersect all alleys, streets, avenues and highvrays over which the rights of vray above described are granted. SECTION H. That no switching or making un or dividing trains small be done on East Bowie Street or -Fannin Street between Orleans -and hfain Street. SECTION III. The obligation is hereby imposed upon said Railway Company from time to time as required by the City Council, to surface any and all tracks laid on any of the streets, alleys, avenues or public highways, the right of gray over which i, hereby granted, to the grade level of the street with sand, , crushed rock, shell, b ,ick, or other suitable material, as the City Council may direct; and in the event that at any time the city, ,7;ay undertake to construct public sewers underground, intersecting any such track or tracks, the Railway Company shall be bound to pay for so much of said sewerage as underlies such track or tracks intersected by such public sewer, and the Railway Company likewise shall be liable to construct, build and naintain such ditches and culverts as may be directed by the . City Council, The.portions of such 'streets, alleys, avenues or public highways occupied by said Railway�i eUZO to vfnich the foregoing obligations,, ---- shall be deemed to mean all that portion of the street be- tilo,en the rails of said tracks, and extending t"relve (18) inches beyond the, "outer edge. of the. rails of such tracks, and th6 , space between double tracks, and between rain tracks; and side tracks and turn -outs. SECTION IV. The right, of way for the traoRs above described IS intended to mean and be limited to the right, of gray for a single track except where right of 'ray is granted for double tracks. Single tracks shall be laid as nearly as practicable to the center of 'the street, and double .tracks shall be constructed as nearly as practicable on 15 ft. ceriters equi- distant from the center of t --,-ie street; ?pr,,4vided it is not hereby intended to prohibit the approaching crossing or departure of tracks on any of said streets, alleys, avenues or highways on necessary curvatures$'but so soon ORD, 3'4� 40le as said traegs attaln the point of tangency thereafter, such tracks on -tangents shall be constructed as nearly as practicable to the center of the street. SECTION V. The said Railway Company its successors or assigns shall take ,the rights and franohises herein granted, sub- jeot to the provisions of the present charter of the City of Beaumont, and of any amendment which may hereafter be rade, thereto, and subject to the ordinances of said_ city- now itynow in force, or which may hereafter be adopted; provided that upon an—d af= er. the construction of said railroad, its rights, franchises and privileges derived from this ordinance shall be irrevocable for a period of fifty years frorl the -final-passat e of tn.is ordinance; 'for which le�rth of time said rights, )"ranchises and privileges are hereby grantee-; and provided further that in the event the Oity of Beaumont shall decide at, any time to pave, repair or improve said streets, alleys, avenues or highways over which the right of gray above described has been granted or any of them, the said •Railway Company, its successors or. a-02igns .shall be required to pave, repair or improve only so.such of said street as i^ oeclipied by the track of the Railway Company as that space is hereinbefore (lescribed. SECTION VI. The rights, authorities and privileges hereby ordained and granted to The Beaumont, Sour Take & Vlestern Railway Company, its successors and assigns shall subsist and be vested in The Beaumont, Sour Lake & western Railway Company, it a successors and assigns for a period of fifty years f"2om the Cate o -f its final pasFia.ge by the Council. SECTION VII. The rights, franchises and Privileges hereby granted to the said RailwayCoi�7_)any are subject to the following conditions only; 1. That the said. Railway ro-mpany, its. successors or assigns shall construct, its said railroad tracks over and along the streets, alleys, avenues and high, -rays, 'the right of way over which is hereby grrant ed, within a period Of o1je year front the final passage of this ordin?nco, and in respect to any street, alley, avenue o- public hig'ntay, the right of VY ay 0Ver Which is hereby granted. upon and over which the Railway Co,xil)ar-v shalt not construct. its said track within said period of one year :trom the rlr,.te of the final of this ordinance, it s:-lall be, 6eeaerj. that the said right of way has been abandoned; provided that the said Deriod of one year hereby affor{led to the Railway Compaiyy for the construction of it's tracks along, upon, over or across any of said streets, allejrs, avenues l- �I 1 or public highways, shall not include and shall be addi— tional to any period of time during, the course of iarhieh the right of said Railway Company to occupy 'or construct its railroad on said street shall be hindered or prevented. or interrnipted by litigation -in respect thereto. 2. That The Beaumont, Sour Lake & Western Railway Company shall within thirty days aftor the final passage of this ordinance, file with the secretary of the city of reauynnt, an instTivient ii_ writing accepting the benefits of this ordinance Moon and subject to the terns thereof. SECTION VIII. - The provisions of this ordinanceshall take -effect and be -in -force- sub -';e(, -t to thie conditions thereof from and after its final passage. 0 Be it r_ emei�bered that heretofore on Tuesday, December 19th,1905, there was begun and held at the City Hall in the City of Beaumont;, Texas, a regular meeting of the city council consisting of the mayor and board of aldermen of the City of Beaumont, at _which time and place there were present the following, viz Honorable T. H. Langham, mayor, aldermen; A. Babin, T.S..Reed, Holiges Duke, P. A. Dowlen and 4I.Pr. Kyle. Absent, Geo. V.T. Carroll. And thereupon, among other thir„s, the following proceedings we�,e had: Alderman P. A. Dowlen' 7 n t-roduc6d and presented to the Council an ordinance entitled, "An ordinance whereby the city Council of the City of Beaumont grants to The Beaumont, Solis take � Western Rail -ray Com-pany, its successor`s and assigns the right to lay its railroad tracks and oper. ate its railroad over, along, upon and acrass certain pixblic streetsq alleys, avenues and highways within the corporate limits of the City of Bealunont, and imposes certain conditions in re- si,ee t thereto. And thereupon the said prcQ' posed ordinance eras read in full and it was i"noved, =-,6L-i1d duly seconded that the same be referred to the Ordina.noe Coiimittee; and the vote beirin, taken upon said motion stood. as follov s, --to-crit: Ayes,-- -- Bab -in,- Duke; -Dowlen, .---Kyle, -Reed-. ' - Nays, none. And thereupon it ir�ras 'declar_ed that the said motion to refer to the Ordinance' �Cor(,fftdttee prevailed.' -- - - - - - - - - - - - And be it remembered that thereafter on Tuesday, January 2nd, 19067 there was bAgun and held at the City Hall in the City of Beaumont, Texas, a regular meeting of the city council consi.stirk of the'may.or and board of aldermen of. the City of Beaurlont, at which time, and place there were present the follorring, viz: Honorable T. H. Larigh,.m, iiiayot, aldermen; A. Babin, riolmes ,Duke, P.A.Dowlen, Geo. YI. Carro_ll;'; VI.w.Kyle qnd_ T.S.Reed.. dR�, 3-13 And thereupon the following proceedings were had: Alderman Bowlen, chairman of the Committee on Ordi- nance, presented the following report; "Beaumont, Texas, Jdn.2nd,1906. To the Honorable T.H,Langham,Tiayor., and_ to. the Honorable City Council of Beaumont. we, your C01-11mittee on Ordinances, to whom was referred an ordinance wherPby the City Council of the Cityof Beauraont grants to The Beaumont, Sour Lake & western Aailtrray Compan3r, its succes- sors and. assigns the right to lay its railroad tracks and_ operate -its railroad over_, along, upon and across certain public streets-, alleys, avenues, and highways within the cari)orate limits of the City of Beaumont, arid_ imposes cer- tain conditions in respect thereto, beg to report` that we, have careflzlly consider -d the aforesaid ordinance so refer- red to 1.s, and recommend that the same be amended as here- inafter set forth, and beim, so. amended that the sai«e do bass. The amendments proposed by us are at , the request of The Beaumont, Sour Lake & Western Railway Company, and are as fo.l.lous : (1.) That Section I be amended so as to insert par- agra-ah s 9 and 10, which paragraphs 9 and 10 shall read as. f 1.10191 s 9. "For one track of Fannin Street beginning at the east boundary line of Railroad Averae,and running thence east along Tannin Street to the east end thereof, and thence e to the Neches River; provided it is not intended hereby to grant to said Railway Company the right to occupy both that part, of Bowie Street described in 15,..ragr.aljh-.6. above, and also that part of Fannin Street described in this par- agraph, nad -the-s2.i_d Railway -Company is re-quired to elect between said streets at said points and file in the office of the secretary of this city, Within ten- months after the final passage of this ordinance, and before laying its track on either street between the points ment:i.o)jed., an instrument signifying which of two said streets at saiLt. points, it elects to occupy, and thereupon the right of clay oirer the street not ,_o designated shall be deemed abandoned. i/ t 10. "For one track a.1on7 the alley intersecting. Blocks 7,,OrtV—seven (.47) Forty-six (46) and Forty -fire ( 5) of the flan Wormer Addition beginning at or near the west boundary line of Avenue 'C opposite and west of saicL alley, Crossing Avenue � and Avenue A, to the Test boundary line of Bibb Avenue. tt (2.) That Section II be amended so as to strike out the, word. before the word Irtrains" and so as to ORP, -►� T\). J Insert the words nor Fannin Street" befor e the Frord 11betiveenn. The said Section II to read as follows: "That no switching in the way of making up or ditiding trains shall be done on East Bovrie Street or Fannin Street between Sabine Street and Main Street." (3. ) That the 2nd paragraph of Section IST be so amended as to add. thereto the following words: Mand provid-ed -further, the right to construct the track on East Bowie Street described above in paragraph 6 of Section I, is additional to the track now existing thereon heretofore constructed and. Maintained thereon by virtue of franchises granted the Texas Tram & Lumber Corti- pany; and provided further that if at any time hereafter the said street shall be vacated of said last nal-,ied track, or if the right thereto is acquired by The Beaumont, Sour Lake & Western RailrrasT Company, the track of the latter company shall be removed to and placed in the center of said street; but in any event the right of The Beaumont, Sour. Dake & Western Railway Company to occupy said street and its obligations and duties to the (Ity of Beauraont in respect thereto, are derived from and controlled only by the terms of tais ordinance, in so --lar as the Cite of.' Beaumont is concerned. 11 A cony of said ordinance as the same will appear when amended in conforl,iity i,rith the, fo:cPgoi 3 -Ig recoinrlendations, I,-, transmitted herewith. (Signed) P. A. Dowlen V�-!. F!. Kyle.,, And thereupon on iaotion duly seconded, it was resolved that the raid_ r. %) or. t be approved and ad 0 oted. And thereafter the aforesaid proposed ordiIianPe cable -on for consideration ciici. it arras ;..oved a.nd duly seconded that the aforesaid. a,riendments thereto included'in the afore- saic� i°eport of the Committee on Ord.ina.nces be a(io;.�ted, arid. that the proposed ordinance afore laid _be amended accord- ing y; and the vote heinr taken thereon, the an endraent A aforesaid- were adopted, and the -proposed ordinance declared by the Mayor amended. accordingly. And thereupon the proi-.,osed ordinance as amended, having ben read in full, it was moved and dilly seconded_ that the s^ane be passed to its third_ readin`;; and. the Vote being taken, stood as ±o11o,,,rs, to -wit: Ayec, Babin, Carroll, Dowlen, make, Kyle, Reed. Plays, none. And thereupon the l.ayor declared that the Pp:ro;.posed ordinance as armn(led. had ?gassed to its third reading. And be it reinerlbered that thF rea.fter on Tuesday, -,January 10th, 1906, there was br.Min and held at the City ORD 3R � Hall in the City of Beaumont, Texas, a regular meeting of the city council consisting of the mayor and board of aldermen of the City of Beaumont, at which time and place there were present the f.v1lowing, viz: Honorable T. H. Langhara, mayor, aldermen, A. Babi n, P. A. Do*len, Holmes Duke, tiI.W.Kyle and- T.S.Reed. Absent,- Geo. W.' Carroll. And thereupon the following proceedings were had The proposed ordinance aforesaid earae on for considera- tion, and thereupon alderman P.A.Dowlen moved that the following amendments thereto be ad.opted: '"Amend Section SV by striking out everything which follows the sentence, such tracks on tangents shall be constructed- as nearly -as-;rac-ticable'- to the -center of the street; 'E so that t, -,.e entire Section IV shall read as fo 11017 s : 'SECTION IV. The right of tray for the tracks above described is intended to mean and be limited to th.e right of bray .for a single track except cohere right of dray is granted for double tracks. Single tracks shall be laid as ne-ar_1_y. as practicable to the center of the street, and double tracks sha-11 be constructed as nearly ns practicable on 15 ft. centers equidistant f`cotn the center of the street; provicnd it is not hereby intend(;d to prohibit the «p,)roaching crossing or clepartute of tracks on any of said streets, alleys, avenues or highways on necessary curvatures, but so soon as said tracks attain the point of tangency thereafter, such tracks on tangents shall be constructed as nearly as practicable to the oenter of t_ne ;street.' k,ieiio, Section II by striking; out the words tin the gray of and :inserting in lieu thereof the word 'or'; an(I strike out t1fie �!rord 'Sabine' and Insert tine word 'Orleans' . Amend Section III by inserting; after the Frord,'shell'', the 7006 'brick' , anift after the vlordd, 'or other suitable Anterial', the words, ' as the City Council racy ('Lir. eet' . _ Arid. thereui)on the vote having, been taj:en upon the. aforesaid, amendi:aents, the sai,ie were adopte;ci, an(+the 1dayor _ declared the proi)osed ordinance m<tended in accordance therewith. And thereupon the proposed ordinance as amended being; again read in full' it eras duly rJoved andi seconded that the same be finally pa,s,sed; and tnniereupon the 7,011 was nailed and the vote s food, a5 follows: Ayes, Rabin, Dowlen, Duke, Kyle, Deed. TTays, none. Ab,,ent, Geo. W. Carroll. And thereupon the Idayor cI_eclared that the said ordi- nance had been finally passed, and. the F,,mne as finally passed reads as fo 1011"s., to -wit AML State of Texas, ) County of . Jefferson. Whereas., heretofore. prior to February 1st, • 1906, the City Council, of the City of Beaumont, Texas,. passed an Ordinance entitled ."'An-Ordinance".whereby the City Council,of the City, of Beaumont, grants to the..Beaumont, Sour Lake & Western Railway Company, its successors and assigns,;• the `ri,ght to. lay' it's, railroad tracks and' ; operate • its railroad; .ov:er; along; and .upon and across certain public. streets, •alleys, avenues. and highways within the corporate limits of the City of .Beaumont,. -'and --imposes. certain conditions ' in respect there- t•o", -.which certain ordinance was approved by the Mayor . of the City' of Beaumont,-February 1st, 1906, and, Whereas,' among other right's of 'way granted bysaid ordinance, vers&� those certain street's and. parts of streets described in para- graphs 6 and 9 of:,,Section One, of said ordinance,',arid, Whereas' it. was declared .that it was''not intended' by said or- dinance to grant- to this.' Company the right,to occupy' both• that part. of Bowie Street described in, said paragraph 6, and: also, that- part of. Fannin Street described in paragraph .9, and this Company was, requir-ed to elect-between-said-streets at . said points, . and. -to file- in. the. of - fide of the .City:.Secre'tary, within ten months, and before -laying its . track-on either street ''between the points-mentioned.,,. an instrument signifying which 'of. the two said streets at .said points it . elects to. occupy. .Yow therefore,- in; conformity -with, the terms and provisions of said ordinance, .The Beaumont., -Sour "Lake & `Western Railway Company, hereby elects to occupy,.,under the; terms of .said or.dinance,;;that por= tion of Bowie _Street described in. saidlparagraph. 6,,.of Section One, of said ordinance, for a more particular, description of which refer- ence is hereby made to the original ordinance, ,recorded ir_ -the. Record of Ordinances- 'of ' .the City of Beaumont, Book No One, ' Pages 359 to ..369 inclusive -The Beaumont, Sour lake & Western.•Railway. Company further. states that since the passage.of said ordinance, and-down to the pres- No Text 0 R To 'Fhe HOE!. FQ(T Cl :,-.r of J- -ore - -r 7 7L .1 '777 i CL 11 L I Sol")- L f. 011 cInd EtCYVI�-Q L vi, ?3( -)(;' of -r 7 7L .1 '777 i