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HomeMy WebLinkAboutORD 64-BJ FILET) 'THIS T$ 4 LITTON ON, ct� sEc:�RE'iAA''Y AN ORDI-TNTANCE Entitled an Ordinance granting to the Texarkana & Ft.Smith Railway Company, its successors or assigns, the right and privilege to construct, lay and maintain a side or switch track of standard gauge over and across Fannin Street in the City of Beaumont, and to operate its trains and cars thereon for a period -of ten years, said side track or switch track to be laid along, over and across said. Fannin Street beginning at a point 31.3 feet from where the south line of said Fannin Street intersects with the west line of Rallroad _Avenue and extending in a northerly direction across said Fannin Street so as to intersect with the north line of said Fannin Street at a distance of 37.5 feet from a point where the north line of said. Fannin Street intersects with the west line -of Railroad Avenue, as per the yellow 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; providih.g that upon the failure of the grantee to maintain and keep its track and crossings in such condition and on such grade as may be prescribed by the city engineer and street commissioner, that this franchise shall then and there terminate and all the Tights and priviledges herein granted shall revert back to the city. BE IT ORDAINED BY TNS C T TY 001LnTC T T, OF THE CITY OF BE AUMON T : - 'PC!MTnN 1 The Texarkana & Ft -Smith fta.z7_F?n� Company is hereby granted the rifht and. privilege to construct,lay and maintain at its own expense a side or switch track of standard. gauge over, along and across Fannin Street in the City of Beaumont, and to operate its trains and cars thereon for a period og ten years, said side or switch track to be laid along, over and across said Fannin Street, beginning at a point 31.3 feet from a point where the south lire of Fannin Street intersects the west line of Railroad Avenue, and extending in a northerly direction across t]a,id Fannin Street so as to intersect with the north line of said F annin Street at a point 37.5 feet from a point where the noxth line of s&kd. Fannin Street intersects with the invest line of Railroad Avenue, as per the yellow line indicated on the blue print attachedhereto and made a part of this ordinance. D F SECRETARY TT ON, TIS Dh, V Ar, �u!-ow, L Q11nmr t)KT 9 The side or switch track constructed, laidd. and maintained under this ordinance shall be used only �m as an industrial track, it beigg understood that the con- struction of said track is only for the purpose of reaching commercial and iftcdustrial enterprises located along and near said Fannin Street. SECTION 3 The foregoing rights and priviled.ges are granted- upon ranted upon the following express conditions: First: that the grantee herein, its successors or assigns shall, during the life of this franchise keep its tracks and crossings on such grade and in such condition as may be presuri.bed from time to time by the City Engineer and street Commissioner of the City of Beaumont, and in the event that the grantee herein, its successors or assigns shall at any time during the life of this franchise fail to keep its tracks and crossings in such condition and on such grade as may be prescribed by the city Engineer and Street Commissionet of the City of Beaumont, after receiving written notice from the city engineerand street commissioner to put its tricks 'and crossings on such grade or in such condition as he may deem fit, then this franchise shall then and there terminate and all the pr ivile dge s herein the granted shall revert back to the city and/grantee, its successors or assigns shall on written notice from the city council, remove its track from the streets and if sane is not done within thirty days thereafter the city of teaumont shall have the right to do said work itself and recover from the defendant such amount -as may be expended by the City of Beaumont on said work, plus ten per cent (10%) additional as a penalty and if said amount is not paid within thirty days after the completion of same by the city, an additional ten per cent (10%) shall be added as a. penalty and. the total of said amount shall draw interest from that date at the rate of ten per cent (10%) per annum. Second: That said grantee, its successors or assigns shall, within thirtk days after the final passage of this ordinance file with the city secretary, its written acceptance of this ordinance. SECTION A Unless the grantee, its successors or assigns, if Q't'V-C')A4 it a-&aprts this ordinance, shall construct, lay and have completed the track herein stipulated -within 120 days after the final passage, acceptance and publication of this ordi- nance , the same shall be null and void and of no force and effect. . SECTIOY 5 This ordinance is passed subject to the charter of the City of Beaumont. O'MM T T(' TV r - This ordinance shall go !Ad;o effect 9ndm and after its passage, filing of acceptance and publication. Passed this the Jib d -ay of July, A.D.1915. Ap.ppctud.dthis the Z6 day of July, A.D.1915. Y vay or Attest: !L`l r y cretary. 1 ...,.#100 Beaumont, Tex. J my 20th,1915. Honorable IyTayor & City Council, Gentlemen:- City. We, your Ordinance Committee to whom was referred an Ordinance, ;ranting a franchise to the Texarkana, & Ft. Smith R.R. Co., beg to report that we rhaue duly considered said. ordinance, and recommend that sari be. adopted; as amended. Respectfully s Ordin,ghce Committee.