HomeMy WebLinkAboutORD 58-EAN ORDINANCE
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AMENDING AND MODIFYING A FRANCHISE GRANTED TO THE BEAUMONT,
SOUR LAKE & WESTERN RAILWAY COMPANY, APPROVED FEBRUARY 1, 1906, 30 AS TO
GRANT TO SAID COMPANY, ITS 7UCCESSORS OR ASSIGNS, THE RIGHT AND PRIVILEGE
TO RELOCATE'; SHORTEN AND AVOID -STREET CROSSINGS IN THAT PART OF THE MAIN
LINE DESCRIBED IN SAID FRANCHISE BETWEEN A POINT NEAR THE INTERSECTION OF
FANNIN-STREET AND ORANGE AVENUE AND THE CONNECTION WITH THE TRACKS OF THE.
TERARKANA & FORT SMITY RAILWAY COMPANY IN RAILROAD AVENUE, AND PRESCRIB&
ING THE CONDITIONS TO BE FULFILLED BEFORE SAID ORDINANCE SHALL GO INTO
EFFECT AND THE TIME LIMIT FOR THE R:UdOVAL OF SAID TRACKS AND PRESCRIBING
THE CONDITIONS TIEBEOF.
BE IT -ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BEAUMONT:
Section I.
The ordinance granting'the Beaumont, Sour Lake & Western Railway
Company a franchise 'over certain streets in the City of Beaumont, approved
February 1, 1906 is hereby amended in the following particulars, to wit:
The Beaumont, SourLake & Western Railway Company, its successors and assigns,
are hereby granted the right and privilege to take up and rebpve a part of
those certain railroad tracks now located and described as follows, to wit:
"Commencing at the point of intersection -of the center
line of the said Beaumont, Sour Lake & Western Railway and
the west line of Avenue C. for the point of beginning; thence -
easterly along the center line of the said Beaumont, Sour
Lake & Western Railway,_a distance of 1541.6 ft. to a point;
thence, continuing easterly, on a 7 degree 30 min. curve to
the right, a distance of 151.5 ft. to a point; thence, con-
tinuing easterly, on A-7 degree 30 min. curve to the left,
a distance of 151.5"ft.-to a point; thence continuing easter-
ly, on a- tangent to the last described course, a distance of
208.8 ft. to.a point; thence southeasterly, on a 7 deg. 30
min. curve to the right, a distance of 646.6 ft.to the
Texarkana-.& Fort Smith Railway Company connection."
which said tracks appear and are shown.in black and yellow upon the attached
blue print which is hereby referred to and made a part hereof and marked
"Exhibit All for ident.ification,.and that part of said above-described tracks
to be taken up and removed under the terms of this ordinance appearing in
yellow upon said attached --blue print:
Section II.
The Beaumont, Sour Lake & Western Railway Companyr, i-ts,successors
and assigns are hereby granted the right and privilege, upon its surrender
and removal from'its present location of that portion of its tracks above -des
struct that part of said track so removed at a.new location as indicated by the
red lines upon said above men,tioned. blue print, : and- the privilege. to- maintain .
the said tracks as relocated and constructed and to operate its"trains and cars
thereover for the period mentioned.i:n said original franchise ordinance, ap-
proved February 11, 1906, -the said railroad track.to have, after the said re---
location of the part thereof indicated in.yellow upon the attached -blue print.,
its center line with location as follows;
I'Gomm6ncing at the point of intersection of the center_
line of the said Beaumont, Sour Lake &' Western 'Railway and
thewestline of Avenue C, for the point of beginning; thence,
easterly along the center :line- -of the said Beaumont, Sour Lake
& Western.Railway, as constructed; a distance of 1479..5 -ft. to t
the point -of beginning. of the proposed change of alignment;•
thence,. continuing easterly, - along- the proposed change of-,
alignment, on a 4 deg. 00 min. curve to the right, a distance
of 463.3 ft..to a point; thence, continuing easterly, on a tan-
gent to the last described course, -a distance of 473.7 ft. to
a.point; thence continuing easterly, on a 4 deg. 00 min.'eurve
to the right, a distance of 214.2 ft..to a.poirit; thence, con-
tinuing easterly, on a_ tangent'to the last described course, a. .
distance of 177.1'.ft., to Texarkana & .Fort Smith Railroad con-
nection.- The portion.actually constructed is shown in black,
the portion.proposed in red upon the blue print attached hereto
and referred to -herein above."
Section III.
The original franchise ordinance�g7raanting the Beaumont Sour Lake &
Western Railway Company a franchise over certain streets in the City of
Beaumont, approved -February 1, 1906, shall remain in full force and effect
for the -period of time fixed therein, except as modified and amended herein
to permit the change of,aligftment.of a portion of its.tracks constructed under
the said original franchise ordinance.
Section -IV.
The right and privilege to take up and remove said tracks. and relocate
the same and thereafter to maintain and operate saidtracks in.said new location
is granted under the foblowing express'conditions:
1st. That said Railway'Compafiy; shall within twelve (12) months from
and after the passage of this ordinance, take up and remove the tracks abovd
specified to be removed and repair that -portion of -all streets frt,m which said-
tracks-are
aid-tracks are removed and place said streets -in as good condition as they are at
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the City of Beaumont shall have the right to remove said tracks and repair said
streets at the expense of said Railway Company, and said Railway Company agrees
to pay the cost of the removal and repair of said streets within twenty (20)
days after statement is presented to said company therefor.
2nd. That said Railway Company, shall, within thrity (30) days after
written notice from the City, put .in and construct permanent grade crossings
at all of the street crossings where said tracks as relocated shall cross any
street in the City of Beaumont, according to the plans and -specificiation on
file in the Engineer's office of the City of Beaumont, as per blue print hereto
attached and marked "Exhibit B", and under the direction and supervision of the
City Engineer.
3rd. That said Railway Company, shall, within thirty (30) days after
the final passage of this ordinance; file with the City Clerk of the City of
Beaumont, its written.acceptance of this ordinance.
Section V.
Unless the grantee, its successors or assigns, shall accomplish the
construction of said tracks to be changed, within twelve (12) months after the
final passage and publication of this ordinance, same shall be null and void and
of no force and effect except as to the taking up and removing of the tracks to
be taken up and removed, and failure of the Railway Company to take same up with-
in 12 months after the final passage of'this ordinance, shall forfeit all the
Railway Company's rights under this franchise.
Section VI.
This ordinance is passed subject to all the terms and provisions of
the Charter of the City of Beaumont.
Section VII.
This ordinance shall go into effect sixty (60) days after its adoption
on its third and final reading and the filing of acceptance and publication,
and shall continue in force and effect for the period specified in the original
ordinance granting a right of way to the Beaumont, Sour Lake & Western Railway-
Company
ailway
Company approved February 1, 1906.
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the City of Beaumont shall have the right to remove said tracks and repair said
streets at the expense of said Railway Company, and said Railway Company agrees
to pay the cost of the removal and repair of said streets within twenty (20)
days after statement is presented to said company therefor.
2nd. That said Railway Company, shall, within thrity (30) days after
written notice from the City, put .in and construct permanent grade crossings
at all of the street crossings where said tracks as relocated shall cross any
street in the City of Beaumont, according to the plans and -specificiation on
file in the Engineer's office of the City of Beaumont, as per blue print hereto
attached and marked "Exhibit B", and under the direction and supervision of the
City Engineer.
3rd. That said Railway Company, shall, within thirty (30) days after
the final passage of this ordinance; file with the City Clerk of the City of
Beaumont, its written.acceptance of this ordinance.
Section V.
Unless the grantee, its successors or assigns, shall accomplish the
construction of said tracks to be changed, within twelve (12) months after the
final passage and publication of this ordinance, same shall be null and void and
of no force and effect except as to the taking up and removing of the tracks to
be taken up and removed, and failure of the Railway Company to take same up with-
in 12 months after the final passage of'this ordinance, shall forfeit all the
Railway Company's rights under this franchise.
Section VI.
This ordinance is passed subject to all the terms and provisions of
the Charter of the City of Beaumont.
Section VII.
This ordinance shall go into effect sixty (60) days after its adoption
on its third and final reading and the filing of acceptance and publication,
and shall continue in force and effect for the period specified in the original
ordinance granting a right of way to the Beaumont, Sour Lake & Western Railway-
Company
ailway
Company approved February 1, 1906.
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS:,
That BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY,
a Corporation created and existing under the laws of the State
of Texas, with its principal office, and place of business
in the City of Beaumont, Jefferson County, Texas, does hereby
accept a certain ordinance of the City of Beaumont passed and
approved on the 17th day of March, 1925, entitled:
"An Ordinance amending and modifying a franchise
..granted to the Beaumont, Sour Lake & Western
Railway Company, approved February 1, 2906, so
as to grant to said Company, its successors or
assigns, the right and privilege to relocate,
shorten and avoid street crossings in that part
of the Main line described in s.aid Franchise
between a point near the intersection of Fannin
Street .and Orange Avenue and the connection with the
tracks of the Texarkana & Fort Smith Railway Company
in Railroad Avenue, and. 1rescribing the conditions
to be fulfilled before e ore said ordinance shall go into
effect and the time limit for the removal of said
tracks and prescribing the conditions thereof."'
.and does also accept all of the terms and provisions of said
ordinance.
IN WITNESS WHEREOF said Railway Company has caused this
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acceptance to be executed by its proper officers and its corporate
seal to be hereunto affixed, on this the day o
BEAUMONT SOUR LAIC & WESTERN ILWAY CO.
By
-ATTEST#.-
Executive VE0, e
1\_5676ret ary
APPROVED:
General Manager
APPROVED AS TO FORM:
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personally appeared---------------"-"
e undersigned authority, on this day p b me duly sworn, on his oath de -
o n to me who being y
_ _ _ of the BEAUMONT ENTERPRIS
poses 'and says,
t t he is the _ _ _ _ - - - - - - of the within and
UMONT JOURNAL, a newspaper published in said county; that a copy dates:
BEA publication being on the following
such p
. foreg as published in said newspaper,of which is hereto at -
A. D lg and a newspaper copy
�� c\ --------------19
-
--A. D.
nd subscribed before me, this__ - day of------ -------- -
.itoa •
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Notary
- -
Notary Public, Jefferson C nty, Texas.
A
-/
certaln railicad t
and described as . follow7i7.
'Commencing at th
Intersection of the cen
StsA the said Beaumont, Sourae
(, ((,, Western railway and the west
C f r the oint of
line of Avenue , o p
County Of beginning; thence easterly along
the center line of the said Beau=
mbnt, Sour Lake. & Western rail-
way, a distance of 1541.6 feet, to
a point; (hence, continuing east-
erly, on a 7 degree 30 minute
curve to the, right, a distance of
e 151.5 feet, to a point; thence,
continuing easterly, on a 7 de-
gree 30 minute curve to the left,
---- - D a distance of 151:5 feet to a point;
thence continuing easterly, on a
tangent to the last described
course, a distance of 208.8 feet
poses 'and says, Ito a peirit; thence southeasterly,
on'a 7 degree 30 minute curve to
the right, a distance of 646.6 feet
BEAUMONT J01 to the Texarkana & Fort Smith
Railway company connection."
ehj;for into ea
l tT711.lhe
.t! a limit fqr the removal
said tracks and prescribing the
mditions thereof.
Be it ordained by the city com-
ission of the city of Beaumont:
SECTION 1
The ordinance granting the Beau-
ont, Sour Lake & Western Rail -
ay company a franchise over cer-
in streets in the city bf Beaumont,
?proved February 1, 1906, is hereby
mended in the following particu-
,rs, to -wit:
The Beaumont, Sour Lake &
rn Railwa company, its suc-
igns, are hereby
tad the -F t and privilege to
e uD ata�Mreln O1 lioee
tttached blue print which is hereby
^eferred to and made a part hereof
tnd, marked "Exhibit A" for identi-
Hcation, and that part of sald
tbow-described tracks.to be taken)
�ip and removed under the terms of
his ordinance appearing in yellow
on said attached blue print.
SECTION Il
IThe Beaumont, Sour Lake &
"es(ern. Railway company, its sue-
,ssors and assigns are hereby
Canted the right, and privilege,
.pon its surrender and removal
from its present location of that
portion of its tracks above-
Qescribed and indicated in yellow'
upon the atached blue print, to re -
ray and construct that part of said
raok so removed at a new loca-
1 ion as indicated by the redlines
upon said above mentioned blue
}hint, and the privilege to main-
tain the said tracks as relocated
and constructed and to operates its
trains and cars thereover f'or the
period mentioned in said origanal
franchise ordinance, approved'Feb-
ruary 1, 1906, the said railroad
track to have, after the said relo-
cation of the part thereof indicated
In yellow upon the attached blue
print, its center line with location
as follows:
"Commencing at the point of
intersection of the center line of
the said Beaumont, Sour Lake &
Western railway and the west
line of Avenue C, for the point
of beginning; thence. easterly
along the center line of the said
Beaumont, Sour Lake & Western
ti
railway, as constructed ;a die-
tante of 1479.5 feet to the point
of beginning of the proposed
change of alignment; 'thende, con-
tinuing easterly, along the pro-
posed change of alignment;
on.a 4 degree 00 minute curve to
the right, a distance of 463.3 feet
to a point; thence, continuing
easterly, on a tangent to the last
described course, a distance of
473.7 feet to a point; thence con-
tinuing easterly, on a 4 degree
00 minute curve to the right, a
distance of 214.2 feet to a point;
thence, continuing easterly on a
tangent to ,the last described
course, a distance of 1771 feet to
rogd��otto&n:.i'd"'-pott bis
actually 'constructed is shown in
black, the. portion prWosed in
red upon the blue print attached
hereto and referred to herein
above."
SECTION III
The original franchise ordinance
granting the Beaumont, Sour Lake
& Western Railway company a
franchise over bertain streets in the
city of Beaumont, approved Febru-
ary 1, 1906, shall remain in full
force and effect for the 'period of
time fixed therein, except: as modi-
fied and amended herein to' permit
the change of allignment of, a por-
tion of its tracks constructed under
the . said origLual franghlse 6rdi-
nance.
SECTION IV
The right and privilege to take
up,and remove said tracks and re-
locate the same and thereafter t(
maintain and operate said tracks it
said new location is granted undo:
the following express conditions:
1st. That said railway company
shall within twelve (12) month;
from and -after the passage of tht
ordinance, take up and remove th
tracks. above specified to be re
moved and repair that portion, o
all streets from which said track;
are removed and place said street
in as good condition as they are a
present, for purposes of traffic an,
travel and in the event said rail
way company should fail or refus
to so remove said tracks and re
pair said streets, the city of Beau
mont shall have the right to re
move said tracks and repair sat,
treats at the expense of said ra
vay company, and said rail
;ompany agrees to pay the cost
he removal and repair of s
streets within twenty (20)
niter statement is presen%ed to a
:ompany therefor.
2nd. That said railway compan
shall, within thirty (30) days of
,vritten notice from the clty„ put
and construct permanent 1 g
;rossings at all of the street cr
ngs where said tracks as reloca
shall cross any street in the ei y..
Beaumont, according to the 1
end specifications on file in the
gineer's office of the city of Be
mont, as per blue print hereto
Cached and marked "Exhibit B,"'a
under the direction and supervie
sd 0*, Pity 40gmeer.
C4 3rd. That said railway cmps
shall, within thirty (30) days of
the final passage of this ordin
file with the city clerk of the
of Beaumont, its written accepts
of this brdinance.
SECTION V
Unless the grantee, its success
or assigns, hall accomplish
construction of said tracks to
changed, within twelve (12) mon
after, the final passage and pu
cation of this ordinance, same s
be null and void and of no f
and effect except as to the tak
up and removing of the tracks to,
taken up and removed, and fail
of the railway company to
same up within 12 months after'
final passage of this ordinance, a
forfeit all the railway compan
rights under this franchise.
SECTION VI
This ordinance is passed sub
to all the terms and provisions
the charter of the city of Beaum
SECTION VII
This ordinance shall go into
feet (60) days after its adoption
Its third and final reading and
filing of acceptance and publiea
and shall continue in force and
feet for the period specified in
original ordinance granting a r
of way to the Beaumont, Sour
& Western Railway company
proved February 1, 1906.
Passed t1Pis the 17th day of Mar
1925.
Approved this the 17th day
March, 1925. it
(Signed) J. AUSTIN BARNES, •j
Mayol*.'
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