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HomeMy WebLinkAboutORD 25-HAN ORDINANCE Granting to the Beaumont; Sour Lake & Western Railway Company, its successors and assigns, the right and privilege to tonstruet and maintain the certain following described railroad trackage in along, upon and across the alley of'Blocks 2 and 3 of the McMullan Addition to the City of Beaumont, and' across Jef- ferson Street, and prescribing the conditions thereof; BE IT ORDAINED BY THE CITY COMMISSL ON G' THE CITY OF BEAUMONT: Section 1. That the Beaumont, Sour Lake & Western Railway Company, its successors and assigns, are hereby granted the right and privilege at its own expense to construct, maintain, repair and operate and use a spur track in, over and along the alleys in Blocks 2 and 3 of the McMillan Addition and across Jefferson Street in the City of Beaumont, Texas, said spur track to be in a location partinularly described as follows: COMMENCING at the point of intersection of the easterly line of Archie Ave; produced in a northwesterly direction, and the center line of an existing industry track located in the center of said alley; THENCE, northeasterly, along center of said track, a distance of 35 ft: to point of switch for the point of beginning; THENCE, continuing northeasterly along said alley and crossing Jefferson Street, a distance of 30 ft. in all to the and, said track to be in the position indicated by a mauve line of Exhibit A. attached hereto, and made a part hereof; Section 2: The grant*q,its successors and assigns, shall have the right to operate trains, engines and cars over said trackage when done so to further the interest for which this grant is given, said trains, engines and cars to be operated thereover in such manner as not to unreasonably interfere with public travel upon, along or across said alley or street, or any portion of either, and except insofar as is reasonably necessary in the switching, storing, move- ment and handling of cars in said street and alley, they shall be kept clear. 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Section 3: That the said Beaumont,Sour Lake & Western Railway Company shall be required at its own expense to construct and maintain suitable ditches and culverts for the purpose of properly draining said street and alleys along and over which said railroad 'trackage is authorized to be laid, and shall, at its own expense, in the event that the City of Beaumont desires to pave said street or alleys, pave between the rails of said track and for a distance of two feet on each side thereof, and to construct and maintain at its own expense good and sufficient crossings at the intersections of all streets crossed by said railroad tracks, with easy approaches thereto, and Z..oh crossings on paved streets to construct permanent crossings in accordance with blue print attached hereto and marked Exhibit B, and under the direction of the City Engineer: Section 49- The : The trackage herein described shall be laid under the direction and supervision of the City Engineer of the City of Beaumont, and should a dispute oiter laid construction arise, the grantee, its successors 4fid assigns, hereby agree to refrain from doing said work, or any part thereof, until the matter of dispute has been settled by the City Commission of the City of Beaumont. Section 5; This ordinance is passed subject to all the terms and provisions of the Charter of the City of Beaumont; Section -6.- The ; The foregoing rights and privileges are specially granted upon the express condition that the said gnantee, its successors and assigns, shall within thirty (30) days after the passage and approval by the Mayor of this franchise, acting throuji its proper officers, file with the City Clerk its written acceptance of this ordinance, and upon the further condition that grantee shall pay to the City of Beaumont upon acceptance hereof the sum of Ten Dollars ($10;00), and in addition thereto shall pay said City the sum of Ten Dollars ($10;00) per annum so long as this ordinance shall remain in force and effect, -2- and said tracks shall remain in said street and alleys, the payment to be made upon acceptance as aforesaid to constitute the first of sura annual payments; Section 7; This ordinance shall go into force and effect from and after its passage and approval by the Mayor, and the filing of the 11 written acceptance as provided in Section 6 hereof, and the lawful publication as provided by the City Charter, and shall continue for a period to expire at the same time with the franchise for trackage now operated and maintained upon and along adjacent streets and alleys;I CL, Gassed this the day ofL r, At D. 7� `l, Approved this the LI day of s A D. 149; .. 0 STATE CP TEXAS ) KNOW ALL MEN BY THESE PRESENTS: That COUNTY OF JEFFERSON ) SMREAS, on February 11, 1930, the City Commission of the City of Beaumont., Jeffers 6n County, Texas, passed and approved an ordinance bearing the following caption: - and , "Granted to The Beaumont, Sour Lake & Western Railway Company, its successors and assigns, the right and privilege to construct and maintain the certain following described railroad trackage in, along, upon and across the alley of Blocks 2 and 3 of the McMillan Addition to the City of Beaumont, and across Jefferson Street, and prescribing the conditions thereof." WHEREAS, Section 6 of said ordinance reads as follows: - "The foregoing rights and privileges are spe- cially granted upon the express condition that the said grantee, its successors and assigns, shall within (30) days after the passage and approval by the Mayor of this franchise, acting through its proper officers, file with the City Clerk its written acceptance of this ordinance, and upon the further condition that grantee shall pay to the City of Beaumont, upon acceptance here- of, the sum of Ten Dollars ($10.00), and in addition thereto shall pay said City the sum of Ten Dollars ($10.001 per annum so long as this ordinance shall remain in force and effect, and said tracks shall remain in said street and alleys, the payment to be made upon acceptance as aforesaid to constitute the first of such annual payments." NOW, THEREFORE, this acceptance W I T N E S S E T H: The Beaumont, Sour Lake & Western Railway Company has accep- ted and does hereby accept said ordinance and all of the terms and conditions thereof, and agrees that it will be bound by all of the terms thereof in consideration of the rights and privileges granted to it thereby IN WITNESS WHEREOF, The Beaumont, Sour Lake & lNestern Rail - gray Company has executed these presents on this the 8th day of March, A.D., 1930. THE BEAUMONT,SOUR LAM & eiESTERN RAILWAY COMPANY, � BY Attest Secretgry. Its Vice President V4 16, Approved: General Manager Approved as to Engineering. Approved General Attorneys. Form BW ro tol-11 60 so 7c', /17,rh? L.Ihdl Borrie sit 'ZAW Arx S TREZ7' To EJAW FANNIN 15T S733 50' so - 7 � i ,EXHIBIT A • MISSOURI PACIFIC LINE5 B.S L. & YY Rr DEQZ111VC Y D1 VISION proposed Franchise (;j t7r oil :IevLvont 5E4Z11y701V 7- TEYA,5 Dec 1.5. /32,P Scale: I Web equals.. 1-049.. File No. A-241 Office ofA55.# ENGINEER Note Book Page­ Det?z/h7ev 4a. Dmffinnan 11,4.,001. K,% ago., K Y k -1 prop /0,2'. 1. pv ♦ 7f cf, C'00'r r. "Lr)4 V /y �]sr.��j•B� eiv^. hN O♦ lr ...sll.. ISO' 60 FANNIN 15T S733 50' so - 7 � i ,EXHIBIT A • MISSOURI PACIFIC LINE5 B.S L. & YY Rr DEQZ111VC Y D1 VISION proposed Franchise (;j t7r oil :IevLvont 5E4Z11y701V 7- TEYA,5 Dec 1.5. /32,P Scale: I Web equals.. 1-049.. File No. A-241 Office ofA55.# ENGINEER Note Book Page­ Det?z/h7ev 4a. Dmffinnan 11,4.,001. K,% ago., K Y k -1 No Text MISSOURI PACIFIC LINES GULF COAST LINES INTERNATIONAL- GREAT (NORTHERN D. P. PACE LAND AND INDUSTRIAL DEPARTMENT LAND AND INDUSTRIAL COMMISSIONER A. E. BUCK ASSISTANT LAND AND INDUSTRIAL COMMISSIONER A. C. JACKSON ASSISTANT LAND AND INDUSTRIAL COMMISSIONER HOUSTON. TEXAS, Dec. 19th 1e29 Lic -'U-. 1 3/18/29 -"-le: 461-1015 lv:essrs. butler Fk .eeves, il'hert :ail iin, , .LD e-njrront, eXas. '.ttention- ..''. �eeT;es : Lear 1,.r. =reeves : I an returning; herewith the franchise coverIng t-ze riFht6 to -lay a track in an alley bact- of Blocks 2 and 3, T, c �:illar_ �yr,i-ion, }.�hich ,you will note bears the anprovm.l o`' our -(-neral =attorneys as to 'ori -,1 and ,-,'rich anpe^rs to be satisfac"ory to the balance of -us, and volt Tray :-:o ahead and handle as fou outlined s orae L: me ago. Yours very truly, :"CJ -p t I The State of Texas, County of Jefferson pct, aT- Before me, the undersigned authority, on this day personally appeared .................................... nown to me, who being by me duly sworn, on his oath de- �:r poses and says that he is th ...................... .................. G �z-----.-of the BEA ?' -kNiE`RPI� *, BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and foregoing was published in said newspaper, such publication being on the follow - '2 ollow-2 ingdates---------------------.-------- ----------- { ------------------------A. D. 19--- and a newspaper copy of which is hereto attached. eo ----- - - - - -- Cif /.. 19111k4` 'eras. Sworn to and subscribed before me, this ...... e?F%...... day Of ._-- AN oFimAx(m granting to the Bea moat, "Sour Lake and Western Rail tj ssigns mpany, its successors and a, the ht and privilege to construct anp intain the certain following describ - road trackage in, along, upon a the alley of blocks a and 3 of the of Be&u- ..................................... Notary Public, Jefferson Mi Int,addition to the city nt, and across Jefferson street, and ascribing the conditions thereof. Be it wined by the City Commission of the ty o1 Beaumont- Section 1. That the aumont, Sour Lake and Western Rail - ay company, its successors and asst re hereby granted the right and privile at its own expense to construct, main- E - repair and operate and user& spui 19111k4` 'eras. lows: Commencing at the point or "section of the easterly line of Archie !nue produced in a northwesterly d1: tion, and the center line of an eiW ng industry track located in the can- of said alley; thence, northeaster ng center of said track, a distance feet to point of switch for the po beginning; thence, continuing nor Iterly along said alley, and cross ferson street, a distance of 592 feel all to the end, said track to be to I posltion indicated by a mauve liatl Exhibit A, attached hereto, and me part hereof. Section 2. The gran cars successors and assigns, shall ha I right to operate trains, engines a rs over said trackage when done no' rther the interest for which this gr goperat operated thereover In such mann not to unreasonably interfere wt blit travel upon, along on across sal ey or street, or any portion of eithe, A except insofar as is reasonably neo- nary in the switching, storing, move) ant and handling of cars in said str A alley, they shall be kept clear. Se In 3. That the said Beaumont, So eke and Western Railway company sh required at its own expense to cc ruct and maintain suitable ditches an averts for the purpose of properlj hining said street and alleys along and ler which said railroad trackage L ithoriaed to be laid, and shall, at it an expense, in the event that the cit; Beaumont desires to pave said scree alleys, pave between the rails of aab ack and for a distance of two feet 01 Ich side thereof, and to construct and aintain at its own expense good an {ificient crossings at the intersectio I all streets crossed by said railro hacks, with easy approaches thereto, a p�t crossings on paved streets to constrtl lrmanent crossings 1n accordance wlfi lue print attached hereto and mark/ rchibit B, and under the direction of til teengineer. Section 4. The trackal ern described ahall be laid under tit action and supervision of the cit !neer of Beaumont, and should a elb over said construction arise, tt rantee, its successors and assigns, herr y agree to refrain from doing said wort s any part theeof, until the matter I spute has been settled by the city con lesion of thecity of Beaumont. Sei Dona ll. ll thehitermsi ands provis isions assed bj sions ofti 1m0 rter of the city of Beaumont. Be, 6. The foregoing rights and pri, e and approv es are specially granted upon the e! ss condition that the -said grantee, i censors and assign, ahall within thir the mayorof i ) yr a ths s fg anch se.. acti rough its proper officers, file with t] y clerk its written acceptance of th finance, and upon the further cone that grantee shall pay to the ct leoumont upon acceptance hereof t: of Ten Dollars ($10,00), and in a on thereto shall pay said city the su Ten Dollars ($lo.00) per annum 1,� as this ordinance shall remain and effect, and said tracks sh; in in said street and alleys, the pa t to be made upon acceptance esald to constitute the first of su uai payments. Section 7. This c nce shall go into force and effland after its passage and approi he mayor, and the filing of the wr acceptance as provided in Section of, e.nd the lawful publication ided by the city charter, and sh inue for a period to a at t e time with the f e or trac now operated and maintained up along adjacent streets and aIle; ed this the 11th day of Februai D. 1930. Approved this the 11th d February, A. D. 1990. C. M. Whl