Loading...
HomeMy WebLinkAboutORD 98-En, M N — _Z 031)IRAN E G'� 1dTIi�G to the Beaumont "`dharf C�'.' L'erminal Company, its „suc- cessors and assigns, for a -oeriod of Twenty-five (25) yearp, the right and privileges to construct and lay certain switch tracks and operate its trains and cars thereon, as follows: From a point on the ;south -;ranch of the Beaumont `I'hart & ''erminal Company track and 16.8 feet east of the east line of 1.11ain Street in an easterly direction, 61.1 feet; switch from a point on the ;;ouch r?rdizch of the Beaumont .;`harf & 'Verminal Company track and 88.6 feet east of the east line of - earl ;street and running 108 feet in an east•.,,�iardly direction; switch track from a point -on the ;south Branch of theBeau- rront `dharf & `'erminal and 216.9 feet east of the east line of rearl street and runnit�.g 110 feet in an eastvnrardly direction; switch be- ginning at a point on the r."est line of ')earl 3t-reet and 162..5 feet south of the north line of_'ustill Street and running in an easterly direction 800 feet; switch beginning at a point 400 feet east of the west line of I•earl Street in the 800 foot switch, franchise for which is herein granted and running in a� �rrestwardly direction 100 feet, all'in the City of 3eaumont, and prescribing the conditions thereof.. 13E IT C''R- L iTlD T � I`' - , ii TZ�- .01' CITY DF BJ AU1,131dT : SECTION 1. That the Beaumont ,,ha-rf c:: Terminal Cor.•}pany be and it is hereby D granted the privilege to construct anC maintain, at its o'im em pEnSe, single standard gauge ra'i'lroad t •'agks, connecting -;pith the South Branch of the Beaumont 11`'` Terminal ;o__',,any, s tracks for the purpose of -reaching and serving the municipal ,Tiharf over and upon_ the following described streets and municipal property, as"follows: %o. 36, _;un -around track, with point of s, itch in ty-e South 3ranch of the 3eaumont '„rharf (3c Terminal and 16.9 feet east of the east line of 1 --fain Street and running in an eastward direction to 0 0 the -right 61.1 feet on a Q 16' curve to the right, thence on a 12 22' curve to the "left 212.8 Leet, thence on an 80 581 curve to the left 73.1 feet to end of Manta _'e o7T4nership; !do. 22. Burnout to City s "Unit 2 Track: vvith-•point of switch in the South ;ranch of the Beatil_mont :'lharf w .Lerrlinal and 88.6 feet east of the .east line of -_earl ;Street an6.runni.ne- approximately 108 feet in an eastward direction on a 8 turnout to the right; 10. 19, °.turnout to the city's .repressed -,racks: ,ith point of switch in the South Branch of the Beaumont ':1Iharf yes, Terminal and 216.9 line of Austin Street and running ,in an eastward direction, Parallel to �justin Street 286 feet, then on a 150 001 curve to the left 16.3 feet, thence tangent 20 feet, then on an 80 301 curve to the left 156. feet, thence tangern 113.9 feet,. thence on a 00 071 curve to the right 61.1 feet to point of switch' in track '36, and beim approximately' 800 feet in length. K,_ 1\10. Turnout to �ityts Unit 1 Track; With point of switch in tracK k 20 . at a point 400 feet 'east of the eves Lj line of 2ea-rl Street, measured along the center line of track Ho. 20, and -running in a vaestvra-rd direction 1001 on a -'-' 10 turnout to the left; all of which is more fully shown by blue print hereto attached, it being understood and agreed that the tracks and sidings are laid for the purposes of -reaching and more fully serving the municipal wharves of the City of Beaumont. SECTION 11 The Grantee., its successors and assigns, shall have the right to operate trains, engines and cars over said tracks and sid- ings Tvh.en 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 Terminal Company shall be required, at its own expense, to construct and maintain suitable'ditches and cul- verts 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 app -roaches thereto, so as to keep said streets and cross- ings in such condition as not to unreasonably interfere -with public travel and traffic thereon. SECTION IV That said Termiiial---Company-- shall -be fur.ther-_r_e.quired to construct and maintain said railrc,ad tracks at the same grade or level as the established grade or level of said streets, so as not to in anyvuise obstruct the use of same by the public and shall also I r. A said streets between the rails and to a distance of t,o feet on either side thereof with rock, gravel, shells, sand, cinders or other suitable material to be determined by the City Commission;^) such manner that said tracks riay be on a level ,with said streets. SECTION v The grant herein given is for single tracks only; and shall be laid under the direction of the City Engineer of the City of Bea=ont,aand should a dispute over said construction arise, the Grantee, its Successors and Yjssigns, hereby agree to -refrain from doing said work until the natter of dispute has been determin-ed by the City Commission of the Cites of :3eaumont, whose decision shall be final. S1,1cTIO v1 Said _Railroad Company, shall, `:within thirty (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 re- located shall cross any st-r.eet in the City of'Beaumont, according to the plans and specifications on rile in the -7,nginee-r's office of the City of Beaumont , as per blue print hereto attached and marled "EX.ibit B", and under the direction and supervi ion of the City engineer. SECTION DTII This franchise shall be subject to all the terms and provi- sions of the Charter of the City of Beaumont or any amendments thereto. SEC'T'ION Vl:��r'_ The foregoing rights and privileges are especially granted upon the exgpressed-conditionthat the said grantee, its successors or assigns, shall within thirty (30) days after the passage and approval by the i:_ayor of this franchise, acting through its proper officer, file with the City _ its zfJri'cten acceptance of franchise shall be null and void -and become of- no further force nor bffect. SECTION ' _ This ordinance shall go into forde and effect from and after its passage, approval by the Idayor, the filing of the written d acceptance, as provided in Section'-- hereof and lawful publication, as provided in. the City Charter, and shall continue for a period of -twe y- j5e11. i�95) years thereafter. Passed this the *, day of A. D. 1926rz approved this the q day of IVI yo r. . J. H. MORRIS CITY ATTORNEY W. T. MCNEILL AstfT. CITY ATTORNEY C ifg of praumant, .('xx xs ivi-r. 011ie J. Bloyd, - - City Fianager, 3 u i 1 d i n g. Dear lLr. rloyd: DEPARTMENT OF LAW BEAUMONT, TEXAS February 1, 12;� U. REEVES JUDGE CORPORATION COURT W. S. NICHOLS CLERK CORPORATION COURT 1926 In _1,e: .Beaumont -,wharf and Terminal Company Franchise for relo- cation of tracks on Austin Street, etc..... I am handing you herewith the original Franchise as dram by the attorneys of the Railroad Company, together with an ordinance as proposed by me. You will note that the changes suggested are: First: Under the Company's proposal in Section 42 the _railroad Company is to have a reasonable time, not exceeding one year aifter the construction of said railroad tracks, within which to ballast the same. Since two of these tracks are located in Austin Street, where there is usually quite a bit of traffic, i have changed this time from one year to thirty days. It seems to me that under the existing conditions, the -�ail- road Company should be able to place this ;street back into condition so that the pub- lic would not be deprived of the use there- of for more than thirty days after said tracks are constructed. Second: In the latter part of Section 4, the word City "Council" has been changed to. City "Commission,.i since the Charter makes it the duty of the City Commission to -pass upon matters of this kind. Third: Section -5 has been amended so that any dispute which may arise over the construction of the tracks between the City 11ngineer and the Railroad Company, shall be referred to the City Commission, whose decision shall be final. This change is in line with the provisions of other franchises granted by this administration and has for its rurpose the elimination of long drawn out controversies over questions relating to the matter of construction, and it places such questions iriithin the juris- diction of the City, where they properly belong, since the City has control over the use of its streets under its Charter and general laws. ot..,, tit � , y" (_ =t A r'ourth: I have added a new Section to the franchise which requires the Railroad Company to put in permanent grade crossings at street crossings when requested to do so by the City. This is also in line with pre- vious franchises granted by this adminis- tration. dminis- tration. iIth: I have also added vection 'l, which -0rovides that this franchise shall be sub- ject to all the terms and conditions of the City Charter and the amendments thereto; which is also in line f,ith the provisions Of fran- chises heretofore granted. i recor_mend the passage of the ordinance em- bodying the changes, as proposed in the copy hereto at- tached. Yours VGPV truly, City a o"r ey 'BI,': G 24 CITY OF. BZ7A UM O1VT 4- e of Texas,._r.=: of Jefferson personally appeared _ _ _ _ _ _ .- �.-�he and igned authority, on this day P Y _ _ _ _ _kno n to me, ✓ho being by me duly sworn, on hi, --- of the. ,YS, that he is tl-- - said county; that a copy of the ,A, f JOURNAL, a newspaper published in was published in said newspaper, such publication being on the followii: h is hel which , - A. D. 192, and a newspaper copy of w . - -- - - - -- ----- - - - - - - this_ day of_/ V f_tlt/L_ _ A D.�19:i, nd subscribed''before------ AN ORDINANCE q Granting to the Beaumont tiVharf Terminal Company, its successors and assigns, for a Period of twenty- five (25) years, the right and privi- Ilei;es to construct and lay certain s switch trackand , operate its trains and cars thereon, as follows: From a Point on the South Branch of, the Beaumont wharf & Terminal Company track and 16.8 feet East'" the ; Last line of feet; switch 4iain Street ill: an' 3asterly direction 61.1 %from a Point on the South Branch of the to 1d 88.6 feet nEast' company track .of tho East line of Pearl Street and; running 108 feet in an Eastwardlyi ;1, direction; switch track from ' a', l ;point on the South Branch of they t ;33eaumont �Vhalf R Terminal an - Notary Public, Jefferson Co ty, Texas. M