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HomeMy WebLinkAboutORD 43-EAN ORDINANCE GRANTING TO the Texas & Ne,� Orleans Railroad Company, its Successors and Assigns, for a period of Twenty -Five (25) years, the right and privileges to construct and lay a track and ope.r- ate its trains and cars thereon upon, over and along Lavaca Street from a point 373 feet North of the North line of Ash Street; thence in a Northerly direction 120.31 feet to the property line of t1m Neches Lumber Company, in the City of Beaumont, and pre- scribing re- scribing the conditions thereof. BE IT ORDAINED BY THE CITY 0011IISSION OF THE CITY OF BEAUMONTg Section I. That the Texas & New Orleans Railroad Company be and it is, hereby granted the privilege to construct and maintain at its oven exp ease a single, standard gauge railroad track upon, over and along Lavaca Street, said tra ck being described as follows; A right hand turnout to be located in Lavaca Street and connect with present industry track serving Neches Lumber Company, beginning with point of switch at railroad company's engineer's station 49 plus 63, being 373 feet North of the North line of Ash Stteet and extending in a Northerly direction on a lead curve of 70 30' to tha right for a distance of 80 feet to heel of #9 rigid frog 4'-3" North of the.. North building line of the City's proposed filtration plant now under oonstruotion; thence nortbarly on a 70 00' curve to the right for a distance of 40.3 feet to the South line of the Neches Lumber Company property, the proposed turnout track and also the existing main track to be located with reference to the platform of the later yiorks building as shown on the attached blue print prepared by the: City Engineer's office of the City of Beaumont, marked Exhibit "AN., and as shown by a blue print prepared by the Division Engineer of the Texas & New Orleans Railroad Company dated November 24, 1984, marked Exhibit "B", the map prepared by the City Engineer to control in th� event of any conflict. It 61 UQ- 4Z- [_' I -/--2 ; / :� Section II. The grantee, its successors and assigns, shall have the right to operate trains, engines and cars over said track and siding when done so to further the interests for which this grant is given as stated in the latter portion of Section I hereof. Section III• That the said Railway Company shall be required, at its own expense, to construct and maintain suitable ditches and oul- ve its for the purpose of properly draining said streets and to construct and maintain good and sufficient crossings at the inter- sections of all cross streets, crossed by its said Railroad tracks with easy approaches thereto, so as to keep said street and oress- ings in such condition as not to unreasonably interfere with public travel and traffic .thereon. Section IV. R That said Railway Company shall be further required to construct and maintain said railroad track at the same grade or level as the established grade or level of said streets, so as not to in anywise obstruct the use of same by the public, and shall also within a reasonable time, not exceeding one year after the constrao- tion of said railroad track ballast said railroad track along said Lavaca Street between the rails and to a distance of two feet on either side thereof with rock, gravel, shells, sand, cinders or other suitable material to be determined by the City Commission in such manner that said track may be on a level with said street* Section V. The said Railway Company shall be farther required to construct and maintain concrete culverts for the, proteotion of all the water pipes of the Water Vlorks System lying under the present and proposed switch track, said culverts to be constructed Section V'I• The grant herein given is for a single track only and shall be laid under the direction of the City Engineer of the City of Beaumont, and should a dispute over said construction arise, the grantee, its successors and assigns, hereby agree to refrain from doing said work until the matter of dispute has been approved by the City Commission of the City of Beaumont • Section VII* This Ordinance is passed subject to all the terms and provisions of the Charter of the City of Beaumont* Section VIII• The foregoing rights and privileges are especially gran.t- ed upon the expressed condition that the said grantee, its succes- sors or assigns, shall within thirty (30) days after the passage and approval by the Mayor of this franchise, acting through its proper officer, file with the Cityits written acceptance of this or6inanae and upon further condition that the ttack to be constructed hereunder shall be completed within days from the passage hereof and upon failure of the grantee, its suc- cessors or assigns, to file its acceptance as provided herein, then this franchise shall be null and void and become of no further force nor effect. Section IX. This ordinance shall go into force and effect from and after its passage, approval by the Magor, the filing of the written acceptance, as provided in Section VI. hereof, and lawful publica- tion, as provided by the City Oharter, and shall continue for a period of Twenty -Five years thereafter. y Passed this the / day of _. D. `A d Approved thi s the d ay of ` eery a. D. • Jf� I BTANDARD !'- 8-2310000 Fo: 9 '.y Y-• J THE GALVESTON HARRISBURG AND SAN ANTONIO RAILWAY COMPANY TEXAS AND NEW ORLEANS RAILROAD COMPANY HOUSTON & TEXAS CENTRAL RAILROAD COMPANY THE HOUSTON EAST AND WEST TEXAS RAILWAY COMPANY HOUSTON AND SHREVEPORT RAILROAD COMPANY SOUTHERN PACIFIC TERMINAL COMPANY THE DIRECT NAVIGATION COMPANY G. S. WAID VICE PRESIDENT & GENERAL MANAGER L. H. CECIL ASSISTANT TO VICE PRESIDENT & GENERAL MANAGER Houston, Texas, Feb. 10, 1945. Beaumont - Franchise - City of Beaumont - Track on Lavaca Street Mr. 011ie J. Bloyd, lEanager, City of Beaumont, Texas. Dear air: This is to advise that the Texas and New Orleans Railroad Company hereby accepts the terms and conditions of that certain ordinance passed and approved by the City Commission of the City of Beaumont under date of January 13th, 1925 granting to the Texas axid New Orleans Railroad Coripany, its. successors and assigns for a period of twenty-five years, the right and privilege to lay a track and opers.te its trains and cars upon, over and along Lavaca Street to the s Guth line of property of the Neches Lumber Company. Will you please file this as the vJrit- ten acceptance of the said Railroad Company, as provided in Article VI of said Ordinance. Yours very truly, bbbbabb., i I I L UMBFR Ce. NECI�ES I I I � I X any sfa yot83 " i SHELL SFREET' I - i • - 1 1 �,Z- 6f p/p eS c%. EJP �-r r -24" C.I. p/pc e% / 2 0 Mor-th Lines Old Basin 0 �,�' --`,• --I � - � - -L'.-__ 24�CL / � c/e. /950 P P �I 1 P I q� 1 � li z i. � II t Swikh s/c7"cl To be Loco/cc/ or7 Wesf Sick Of Tr�ock as Shown I ti N In pipes/�. C � y 4� 3 a 'k �- - 7' 5PwBr E!pv 130 t -v ✓, t ppes L'"/e v .23.0 24'C.I F�pvErPvlZn.i' vi��or%JT',.:.�✓�P/ .r Froft/_ 1 � , � 3 Q 740 6� a n i SCA At 9 /1=zo '3.0 �.z I The State of Texas, County of Jefferson Granting to the Texas & New Orleans Railroad company, its suc cessors and assigns, for a period .t ofC. twenty-five (25) years, the right ( and' privileges t Before me, th ndersigned authority, on this day personally _________________ __________known tom , wyhyo, being by me poses and says, that he is the '_`_'x''_ - - '!/ - - - - - -of the o construct and lay a track and operate its trains and cars thereon upon, over and along Lavaca street from a point 373 feet Horth of the north line of Ash street; thence in a northerly direc- i ;Non 120.31 feat to tjie property lilte of the Neches Lumber company, in the city of Beaumont, and pre- scribing the conditions thereof. ap Be it ordained by the city com- mission of the city of Beaumont: SECTION 1 C1ns U Railroad That the compaTexas ny bee andItis hereby granted the privilege to construct and maintain at its own expense a single, standard gauge railroad trach upon, over and along de cribedgaseftfollows: A right hansaid track d BEAUMONT JOURNAL, a newspaper published in said county; that turnout to be located In Lavaca street and connect with present in dustry track serving. Neches Lum. fore 'n was published in said newspaper, such publication being her company, beginning with point g P ��jjP g of switch at ra)lr d e -e IL_�__A. D. 192°S_and a newspaper . ~ - ------------ to and subscribed before me, this_ _ �G �_ _ _ -day of ------------ Notary Put oa engineer's station 49 plus 63, being 373 feet north of the north 11ne of CO •Ash street and extending in a, northerly direction on a lead curve of 7 degrees 30 minutes to the right; for a distance. of 80 feet to heel of! NO. 9 rigid frog 4 minutes 3 seconds worth of the north building line 0'9 the citY's Proposed flltmtidn plar� now under construction; thence � northerly on a 7 degree 00 min- ut•a curve to the right for a dis- tance of 40.3 feet to the south line Of the Neches Lumber . company property, the proposed turnout track and also the existing math' track to be located with reference to the platform of the Nater i Works building as shown on tho , attached blue print Prepared by the city engineer's office of the city of B-aaumont, marked ExhibitA,'• and as shown by a blue print pre- pared by the division engineer of 1i the Texas & New Orleans Railroad company dated November' 24, 1924, marked Exhibit "B," the map pre- pared by the city engineer to con- trol in the event of any conflict. it being understood and agreed that the track and siding is laid as an Industrial track for the purpose of reaching commercial and Industrial enterprises located along the right of way on which said track J& authorized to be laid. SECTION II—� The grantee, its successors a assigns, shall have the right to op- erate trains, engines and cars over said track and siding when done so -to further the interest for. which_ this grant is given as stated in the latter portion of Section I hereof.,, SECTION III That the said railway company,,! shall be required, at its own ex -1 pense, to construct and maintain .suitable ditches and culverts for ' Abe purpose of properly draining said streets and to construct and 'maintain good and sufficient cross •(gs at the intersections of al Cross streets, crossed by its aa) :fttllroad tracks with easy ap oaches .thereto, so as to keep said eet and crossings in such. cone firt ion as not to unreasonably inter-; r e.with public travel and trafflc; SE That SaloCTION IV rsa�� ny company a. r uir, a �o con the same tablished grade or eve! as of I reet, so asgnoteto inlevel anywise ruct the use of same by the p land shall also within.-a.seas e time, not exceeding one y ter the construction of said r; ad, ballast said. railroad tri )ng said Lavaca street een th-a rails and to adista the ocjeet on, either sfd-a ther rs or other suitable sc, raelmate sandi'al determined by the city Comm eTeto-��and marked Exhibit ,nd under the ditection . of the ngineer. SECTION VI The ,grant herein given is ft jingle track only and shall be [eer r the direction of th-e city of . the city ofBeaum should a dipute overasaid cction arise, the geseors and assigns, hei to retrainf OM..d01&gk until the ` ed b ttr of citydis, ifas been app Seaua Rnissiott of 11 SECTION II This. ordinance is. passed: sut to all*they toofstan it `Oflo13 :nary, A. L. lv4e. Approved this the 13th day; January, A. D. 1925. (Signed) gAItNES, 114ai