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HomeMy WebLinkAboutORD 49-BAN ORDINANCE. An ordinance granting to .the Texas & New Orleans Rail-, road Company, its successors or assigns, the right and privilege to construct, lay and maintain a side or switch track of standard-gauge over and along M6in Street in the City -of Beaumont and to operate its trains and cars'there- on for ape'riod of twenty five (25) years; said side or switch track to be "laid along Main street beginning at a point about half way between Bowie and Fannin Streets and extend in a southerly direction -across Tannin street, as per the red line indicated on the blue print attached hereto and made.a part of this.ordinance;prescribing the conditions to be fulfilled before said ordinance shall go into effect,and the time limit for the construction of said track', BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section I. - That the'Texas and New.Orleans Railroad Company is hereby -granted the right and privilege to construct, lay and main- tain at its own expense a side or switch track of standard gauge over and along Main street in the City of Beaumont and to operate its trains and cars thereon for a period of twenty fiVj; (25).years; said side or switch track to be laid along Main street beginning at a point about half way between Bowie and Fannin Streets and ex tend in a southerly direction across Fannin street, as per the red line idicated on the,blue print attached hereto and made a part of this ordinance. Section 2. The side or switch track constructed, laid and maintained under this ordinance shall be used only as an industrial track; it being understood. -that---the--c-onstruotion of said ' track is only for the purpose of reaching commercial and indu$trial enterprises locat ted along and near said Fannin street. Section 3. The foregoing rights and privileges are granted upon the. express condition that said grantee, its successors or assigns shall within 30 days after the final pa sage of this ordinance file with the"city secretary its written acceptance of this ordinance. Se'c,tion 4. 'Unless the grantee, its successors or assigns, if it accepts this ordinance shall construct, lay and have completed the track herein-stipulated,:within One Hundred and Twenty (I20) days after the final passga and publication`of this ordinance, thensame shall he null and void -and of no force and effect. Section 5. This ordinance is passed subject to the charter of' the city of Beaumont, all future charters, ordinances now in effect and all -others that might be passed in the future. Section 5. This ordinance shall go into effect from and after its passage, I6iling of the acceptance, and publication, and shall continue for aperiod of twenty five Years. Pdosed,this the /6;� day of march,I9I5 --..Approved, this 14&_ day of March, I9I5. Attest: 1WO ity Secretary. AW, Hon. Mayor 8o City Council, C t 0 r3 �e 6, 1) 1�1� Beaumont,Texas, Feb.--I9�I9I5/ City. Gentlemen:- We entlemen:-We your ordinance• committee , to whom vias .referred, the attached ordinance', beg leave to report an&Ijkcommend that ift do.pass. i� D "HIS `FHS -� 9' DA} �1,r: 'I-als �'i7I �� A t'ILED.'fi3IS THE . G. SU'T"TOIV, J G. U7HON, G. l��'TONJ— C iRC,R$TARY I 3 CBETARY, G Y 4, Sf � h � 60 1 v l _ 1 t k ,t . t tl �1 � t 13 loo, 60.20k 0 k - s 1 Q o� TrA o�r�9 pr°pye�L L 5k�tch 5h p GA 5 �E O NT A � Tex B� � f Hovs �� Off Cc of /0v 5cale� - WILL E. ORGAIN CHARLES T. BUTLER WALTER A. BOLINGER ORGAIN, BUTLER & BOLINGER LAWYERS BEAUMONT. TEXAS January 31st, 1917. Mr. E. Forrest Ferguson,City Attorney, Beaumont, Texas. Dear Sir:- . We-- er-ewitwe desire passed for the purpose of laying, what is known as the Caswell track on Main Street. It is an identical copy of an ordinance you have heretofore approved, and -as was also passed by the Council. However, the track was not put in at that time, by reason of objections by Mr. Reed, said objections on his part have now been withdraim, and is satisfactory to all interested parties, Yours very truly, weo-p en cls. 7 y.173� ysyR_E7r.3i;Y .01 W_ ,-rte ��•_ n s F.b , .art HIGHTOWER, ORGAIN & BUTLER LAWYERS L. B. HIGHTOWER, JR, BEAUMONT;TEXAS WILL E. ORGAIN CHAS. T. BUTLER _ K January 31st,. 1917- 917.ITT. ITT.J. G. Sutton, City Secretary, Beaumont, Texas. Dear, Sir: - �,'e herewith enelose to you a cony of the- - ordinance that was passed some. time last year, granting t:o the Texas & New prleans Railroad the right 'to lay' • a, track on Main Street and-known as the Caswell track., The track was not put in as iter the ordinance. I't is now desired that the ordinance be repabsed.- Te would appreciate it, if you would refer to t'he old o.rdl-nance, .and. get the blue print attached thereto, and attach it to the ancl.osed ordinance, and file-same, to be 'presented to the' .council on next _T.uesda.y. We are sending the City' Attorney a copy -of --this 'le t-te'r and -al-s'c. a ' co+c,,j- of the-;ordinan-e ------- ---. yours very truly, ,ti z9rvp encls. O R ate, 4q -.P:, �t-b, )6), J 9 ) -9 T Beaumont,T'exas, Feb.-I9-I9I5. Hon. mayor & City Council, Gentlemen: - C ITY. In the latter part of the year I9I3, upon my personal request, you granted to the Texas & New Orleans Railroad Company, a franchise to lay, construct and maintain a side or switch track on Main street, beginning at a point,on a track now laid thereon belonging to the Texas & New Orleans Railroad Company, about half way between Bowie and Fannin Streets, and to extend in a southerly direction to and across Fannin street to enter property of the Caswell estate. I assured your honotable body that if -said- request was granted that all the wooden buildings of the Caswell est.ate,loctLted on Fannin street would be removed and a substantial brick building erected instead. After a hearing on said ordinance my request was granted. The ordinance provided that said track should be built within 120 days. There was s-ome trouble in iaaking the necessary arrangements before I could start work on the building and the time limit expired- and xpiredand the franchl became null and void. Upon my further request your honorable body gave an additional time limit for the completion of said work but for reasons not necessary to state the railroad company failed to build said track within the time limit and the franchise became null and void once more. The brick building I agreed to construct is now completed, and I have assurances from the railroad company that if you will grant them another franchise they will immediately have said track constructed. Thanking you for your -past courtesies L-aa.Ld trusting that you will grant the franchise attacUed to this communication I am, OF - :JTTr`N "ITY SECRETARY o-. A►aalat�E :.,tY=;eCfeFBF'Y very truly yours, 1