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HomeMy WebLinkAboutORD 19-SAN ORDINANCE AN ORDINANCE GRANTING TO THE BEAUMONT WHARF AND TERMINAL COMPANY, A CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO 111AINTAIN AND OPERATE THE NORTH BRANCH OF ITS MAIN LINE TRACK OF S^1AIDARD GAUGE, IN, ALONG, UPON, OVER AND ACROSS MAGNOLIA, LONG AND GRAND AVENUES, WILLOW, PEARL AND PINE STREETS, AND A PUBLIC ROAD OR STREET LEADING TO THE CITY DUL-1P, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND THE RIGHT AND PRIVILEGE TO It+AINTAIN AND OPERATE ITS SOUTH BRANCH OF -MAIN LINE TRACK OF STANDARD GAUGE IN; ALONG, UPON, OVER AND ACROSS.RAILROAD AVENUE, COLLEGE AND 11ASHINGTON STREETS, HOLMES AVENUE, MILAM STREET, ARCHIE AVENUE, FRANKLIN, AUSTIN, NECHES, PARK, ORLEANS, PEARL, MAIN AND MARKET STREETS, OVER AND ACROSS A PUBLIC ROAD OR STREET, AN EXTENSION OF FRANKLIN STREET, AND A PUBLIC ROAD OR STREET, AN EXTENSION OF U1ILAM STREET, 'IN SAID' CITY, PROVIDING REGULATIONS AID RESTRICTIONS FOR THE USE.OF SAID TRACKS; PROVIDING THAT SUCH MAIN- TENANCE AND OPERATION BE IN ACCORDANCE 11TITH THE CHARTER AND ORDINANCES.OF THE CITY AND IN ACCORD- ANCE INITH EXHIBITS, AND REQUIRING SUCH OTHER DRAINAGE FACILITIES AND WORK TO BE DONE AS THE CITY ENGINEER MAY DIRECT; REQUIRING ACCEPTANCE BY GRANTEE 111ITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIG- NATING ' HEN THE SUM SHALL BE PAID AND SETTING " FORTH FORFEITURE PROVISION; MAKING SUCH FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NO IN FORCE OR HEREAFTER TO BE ENACTED OR ADOP- TED; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN, OR OPERATE -FOR A PERIOD OF SIX (6) MONTHS, PRESCRIBING EFFECTIVE DATE AND DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES, OTHER CONSTRUCTION OR HATERI- ALS WITHIN NINETY (90) DAYS AFTER TERMINATION, AND THE PLACING OF SUCH STREETS IN SUBSTANTIALLY THEIR PRESENT -CONDITION, AND PROVIDING INDE10ITY CLAUSE. BE IT ORDAINED BY THE CITY COM]MISSION OF THE CITY OF BEAUMONT: Section 1. That the' Beaumont lrTharf and Terminal Company is hereby granted the right, franchise and privilege to maintain and operate at its own expense, its north and south branches ,of its main line track of standard gauge in, along, upon, over and across the afore- mentioned streets, avenues, and/or public roads, the center line of the north and south branches being described as follows: Said center line of the north branch thereof enters the Nest line of Magnolia Avenue at said Company's Track Chaining Station 32+72.3;,thence in an easterly and southeasterly direction over and across Magnolia Avenue, in, upon and along Long Avenue, over and across Grand Avenue, and Pearl Streets, in, upon, along, over and across Pine Street, and over and across a public road or street, leading to the City Dump in said City to a point where the north branch of said main line track leaves said public road or street and enters private property at said Company's Track Chaining Station 51+78.,6. Said center line of the south branch of said Company's main line track begins at its connection in Railroad Avenue, opposite Lot 6 of Block 8 of Van .dormer's Addition to -said City, with the main line track of Gulf, Beaumont f c Kansas City Railway Company at said Railway Company's Track Chaining Station 4+08.8, which point of connection is 1.43.8 feet northwesterly from the center line of the East Texas Traction Company's crossing, as now or formerly loca- ted in the center of College Street of said City, and runs.t}Zence in a general southeasterly, easterly, northeasterly, northerly and northwesterly direction, in, upon, and. along Railroad Avenue, over and across College , and Washington Streets, Holmes Avenue, A;Iilam Street, Archie Avenue, Franklin Street, in, upon, and along Austin Street, over and across D?eches, Park, Orleans, Pearl, Again and Ailarket Streets, over and across a public road or street, an extension of Franklin Street, and a public road or street, an ex- - tension of. I.Jilam Street, wtlere the south branch of said main line leaves said road or street at said Company's Track Chaining Station 49+56 and enters the property of The City of Beaumont, Texas, the location of said north and south branches of the main line track of said Railway Compa_ns are as shown by red line on print C.E.G. No© C -22-181L2, dated January 30, 1948, hereto attached, marked "Exhibit All and made a part of this ordinance. Section 2. The tracks to be maintained and operated under this ordi- nance shall be used -011117 for the purpose of loading, unloading and/or switching to industrial tracks turning out of said north and south branches of said main line track serving commercial and industrial enterprises now or hereafter located in the vicinity of said tracks® The Grantee shall have the right to operate engines, trains and cars over said tracks so as to further the - 2 -- interest for which this grant is given, provided that no engines, trains or cars of any kind shall be allowed to stand on any portion of said tracks located within a public street of the City of Beaumont, and provided further that all engines, trains and cars operated over said public streets shall be operated thereover in such a manner as not to unreasonably interfere with public traffic in, upon, along, over and across said streets or any portion thereof, and except insofar as is reasonably neces- sary in the movement and handling of cars on said streets, same shall be kept clear. Section 3. The Beaumont ',/harf and Terminal Company shall, at its own expense, maintain and operate said railroad tracks and adjacent areas herein involved, in accordance with the Charter and Ordinances of the City of Beaumont, now enacted or hereafter to be enacted, and in accordance with the Exhibits attached hereto and made a part hereof. Furthermore, said BeaumontI/harf and Terminal Company shall maintain such drainage facilities and do such other work at the time or at a later date, at the direction of the City Engineer, in connection with the franchise herein granted, as shall in the opinion of the City Engineer be desir- able.. esir- able.. All street work provided for herein shall be done ander the direction of the City Engineer. Section 4. The foregoing rights and privileges are granted upon the express condition that the grantee shall within thirty (30) days after the passage and. approval of this ordinance, file ;frith the Clerk of the City of Beaumont its written acceptance hereof, and. upon further condition that the grantee shall pay to the City of Beaumont upon acceptance hereof, the sum of Fifty and No/100 - 3 - ($50.00) -Dollars; and in addition thereto shall pay to the City annually and in advance -on the: lst day of April -the stun. of Fifty and N0/100 ($50.00) Dollars per.annum so long as this ordinance .shall remain in full force and'.eff-eot, the .payment to be made upon acceptance -as aforesaid -to constitute payment for the first- year or part thereof remaining when this ordinance shall become effective. If such sums be not paid when due and if default in payment thereof -continues for thirty (30) days .thereafter, the rights and privileges herein -granted shall cease and terminate. Section 5. This franchise is granted subject to all the -provisions of the charter and ordinances of the City of Beaumont now in ef- fect or hereafter to be. adopted or -enacted. Section 6. If the Beaumont_ Wharf & Terminal --Company shall fail to use, maintain and operate said. tracks for any period of six months this ordinance -shall become null and void and fully terminated. Section 7. .This -ordinance -shall go .into force and effect sixty (60) 'days after its adoption and approval and only then upon the fil- ing of'written acceptance as provided in. Section Four (4) hereof, ..and shall c ontinue for a period of ten, (10) years. thereafter, un- less s-ooner terminated as provided.h.erein provided that the City of Beaumont may,' -in furtherance of plans regarding railroads with- in the City cancel this franchise,upon-six (6) months notice in writing given to 'grantee by grantor of its intention to cancel .same-. Upon the termination- of this franchise for any- reason, grantee ' shall- within ninety (90) days thereafter remove from the ®' 4 _ streets herein. involved, all _rails, -ties and -other construction mater.ial' and place such- streets in substantially, their ,.present condition... Section B. Grantee shall indemnify, save- and. hold the City of -Beau® Mont harmless from any and all liabilities, -claims, judgments, damages, _costs and expenses whatsoever growing out .of or. result- ing in any way.from the maintenance or .operation of said railroad tracks, or the .failure of the said grantee to do and perform any of - the same; 'or in any manner growing out of or resulting from the granting of' -this franchise;: and -should any judgment be ren- dered against said City for any cause, growing out of or resulting in any manner from the maintenance or .operation of said. railroad tracks, or the failure of the said grantee to do and perform any of the same or in any manner growing out of or resulting from the granting of this franchise, then.grantee agrees -to pay- and satis- fy, said judgment before- and without: said City doing so. Section -9. The term "Grantee", as used in thin :ordinance :sl?allM be construed -t-o' include said Beaumont Wharf and Terminal: Company, its successors, as lessees and other Railway Companies, nowor hereaft"er having trackage rights over "any of the tracks covered -hereby. PASSED by 'the City C ommis:sion, first reading -6n -the Z3nX day of- �ri'I � , "A.D..19480 PASSED by the. City Commission— . second reading. on the 3® -day .of A.D. 1948. PASSED by the .City Commission; third reading on the z aTc� day -of , A.D. 19.48.. Mayor STATE OF TEAS COLTZTY OF JEFFERSON CITY OF BEAUMONT I, City Clerk of the City of Beaumont, Texas, do hereby certify that the above and foregoing copy is a true and correct copy of an Ordinance passed by the City Commission of the City of Beaumont on 1948 . GIVEN UMDER L.LY HAND AND SEAT, Or, THE CITY OF BEAUTvTO iT, this the day of A. D. 1948. City Clerk 6 Gulf, Colorado and Santa Fe Railway Company .7 — -G. E. SCHtiLER, Land and Tax Commissioner S. A. WRIGHT, Asst. Land and Tax Commissioner T. J. MAGEE, Tax Investigator D. L. LACKEY, Tax Investigator REGISTERED IMIL LAND AND TAX DEPARTMENT Galveston, Texas, Ordinance - Beaumont 'iTharf and Terminal Co. Operation over certain streets - Beaumont e Mrs.-atillie J. Brockman, City Clerk, Beaumont, Texas. Dear Madams 0 May 5, 1948 I hand you herewith written acceptance by Beaumont Wharf & Terminal Company of ordinance passed by the City Com- mission of Beaumont on April 27, 1948, ;ranting said Company the right to maintain and operate tracks in certain streets in the City of Beaumont, Texas, as describedin the ordinance. Please acknowledge receipt of.the acceptance. We are enclosing voucher in favor of Don Terry, City Tax Collector, Beaumont, to cover acceptance payment of $50 re- quired under Section 4 of the ordinance, Yours truly, and & Tax Commissioner Eno s c c fir. J. P. Cowley Mr. C. S. Neal Mr. K. ?d. Fogg Ei r a We Ke Menard Mr. V. F. Donoho P, GALVESTON, TEXAS, May 51 1948 To the Honorable Mayor and Board ofvommissioners of the City of Beaumont, Texast BEAUMONT 'WHARF AND TEMAINAL COMPANY hereby signifies and files in writing its acceptance of an ordinance passed by your honorable body on the 27th day of April, 1948, entitled: "AN ORDINANCE GRANTING TO THE BEAUMONT WHARF AND TER IEN.AL 0016PANYV A CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE THE NORTH BRANCH OF ITS MAIN LINE TRACK OF STANDARD GAUGE, IN, ALONG, UPON, OVER AND ACROSS MAGNOLIA, LONG AND GRAND AVErvRiES, I'lILLO`i7, PEARL AND PINE STREETS, AND A PUBLIC ROAD OR STREET LEADING TO THE CITY DUMP, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS SOUTH BRANCH OF MAIN LINE TRACTS OF STANDARD GAUGE IN, ALONG, UPON, OVER AND ACROSS RAILROAD AVENUE, COLLEGE AND WASIICNGTON STREETS, HOLIES AVENUE' MILAM STREET, ARCHIE AVENUE, FRAW-a IN, AUSTIN, NECHES, PARK, ORLEANS, PEARLS `ASN AND r &MET STREETS, OVER AND ACROSS A PUBLIC ROAD OR STREET, AN EXTENSION OF FRANKLIN STREET, AND A PUBLIC ROAD OR STREET, AN EXTENSION OF I4ILAM STREET, IN SAID CITY, PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACKS; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND IN ACCORDANCE ';LITH EXHIBITS, AND REQUIRING SUCH OTHER DRAINAGE FACILITIES AND IJORK TO BE DOLE; AS THE CITY ENGIN ER MAY DIRECT; REQUIRING ACCEPTANCE BY GRANTEE. "WITHIN THIRTY (30) DAYS OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNATING WHEN THE SU31i SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION; MAKING SUCH FRANCHISE SUBJECT TO TIE CHARTER AND ORDINANCES OF THE CITY i,i0d IN FORCE OR HEREAFTER TO BE ENACTED OR ADOPTED; PROVIDING FORFEITURE ' FOR FAILURE TO USE, ILUNTAIN, OR OPERATEFOR A PERIOD OF SIX (6) MONTHS, PRESCRIBING EFFECTIVE DATE AND DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, TO REMOVE RAILS, TIES, OTHERCONSTRUCTION OR MATERIALS WITHIN NINETY (90) DAYS AFTER TER U NATI ON, AND THE PLACING OF SUCH STREETS IN SUBSTANTIALLY THEIR PRESENT CONDITION, AND PROVIDING INDEMNITY CLAUSE® " BEAUMONT ,fflARF AND TER ENAL COMPANY, — �� and Tax Commissioner