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Home My WebLink AboutORD 14-KTO ,L �11:!`�.�L'li r; �J._ "..1A OR I"D TO 7 T.-EL.i-, -)'TTY F T E -.,• r, Si Your 'etitioner, the 1 J1EI 3 1i?,; r C;- =,`,,, "R aI-T'0_sJD 00 L t lY, reSnectfully represents that it has constructed c:nd. has i_ailltained, or i.-,,,a'-ny ;`ea rs, a Spur ralilroad t= ack in `� ickor- ._'.treet, h=ereinc-_'-2- ler CieS- dr ihed, in the :Jit -Y_ of e .L1I,lOI1t, Te as, by vlr'tl e of t)='di'i.ci11C C i Ct�i'i.ed ebruary 20, 1.906, an(: u£,,ust 19, 1.92'7, each of 'las e;��)ired by its te-21 .') insofar as Baid spyar track is concerned. Said track being described as follovis: Be6inr_in; at the conrnection ,it?z a trac'_ti of -the TT as and ;err Orleans ailroa�l Jo7:lpany in 11-1 flarca .`ain 4 Streets, at -the `:orth corner of 2loc _ 14, Thence Easterly, across 1--ain :street, alon7 ?='icl-sory Street, across "•_'rayls and �y!press `�tr'eets,as 'i,_, 'Shovin by red lime on ri.ap , ereto attached an O. made a -Cart ner'eof .- As 9s it is essential for •t''1e -pro-per conduct of .-'rouar _1'etiti.on- er's operations that it continue t0-aintain Said track as mi'ese'ltly located, and to operate its enCz,, i.nes, trains and. cars thereover, It is ther°efoLe rec;tiested tInat such rrlr;I-t, privilege and franchise as may be necessary to continue t I"r-le r?aintenan ;e and operation•,of the back above described be wanted it, and any and x.11 Ordinances ree;urred be passed and approved in the manner prescribed by the `�'I,arter of said. Jr v _��'IT� Y SCS''�i�ED, this _l day of A. D. 1932. E_ --S :i_T I JTE";: _ l: 'i.�.li_ _.._ -r i ._�.,.-i C, r:'SJ.) .i GT ail. , ��t I AN ORDINANCE GRANTING TO THE TEXAS AND NEW ORLEANS RAILROAD COMPANY, ITS SUCCESSORS -AND ASSIGNS, THE RIGHT TO BUILD, CONSTRUCT AND OPERATE OR TO CONTINUE TO -OPERATE. -ITS PRESENT -INDUSTRY TRACK OVER AND ALONG HICKORY -STREET IN BEAUMONT, TEXAS,.AND ACROSS MAIN, TRAVIS AND CYPRESS STREETS, AS SHOWN BY BLUE PRINT ATTACHED, WHICH TRACK SHALL BE USED.ONLY AS An INDUSTRY TRACK, WHICH RIGHTS SHALL BE ACCEPTED BY SAID COMPANY IN THIRTY (30) DAYS AFTER PASSAGE HEREOF, AND PROVIDING THAV FAILURE TO CONSTRUCT THE TRACK WITHIN THREE (3) MONTHS HEREAFTER OR)FAILURE TO -USE THE SAME FOR A PERIOD OF SIX (6) MONTHS SHALL TERMINATE THIS GRANT; ALSO.PROVIDING THAT THIS GRANT SHALL BE FOR THE PERIOD OF TEN (10) YEARS FROM THE PASSAGE HEREOF, AND THAT THE.GHANTEE SHALL PAY TO THE CITY OF BEAUMONT THE.SUM OF TWENTY-FIVE DOLLARS ($25.00) UPON.PASSAGE HEREOF -AND TWENTY-FIVE DOLLARS -(625.00) EACH YEAR ON THE FIRST DAY OF JULY DURING THE EXISTENCE OF THIS ORDINANCE; AND PROVIDING THAT THIS FRANCHISE IS SUBJECT TO ALL THE TERMS AND CON- DITIONS OF THE BEAUMONT CITY CHARTER.' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1 . The Texas and New Orleans Railroad Company, its successors and- assigns, are hereby granted the right and franchise to lay, build, construct, maintain and operate -'at its own expense, a standard guage,railroad_track over and -along Hickory Street in the City of Beaumont, Texas, and across Main, Travis and Cypress Streets therein as follows: Beginning at the connection with a track of Texas and New Orleans Railroad Company in Hickory and Main Streets, at the North corner of Block 14; thence Easterly across Main Street along Hickory Street, crossing Travis and Cypress Streets, to a point approximately ten (10) feet West of the West line of Cypress Street, as shown: on blue print attached -hereto and made A part hereof, the line of said track being indicated by the red line drawn on -said blue print. Section 2. The track to be laid, built, constructed, maintained, and operated under this ordinance shall be used only as an -industrial track, that is for loading, unloading and switching facilities to commercial and industrial enterprises now or hereafter located in the vicinity of said track. No cars of any kind shall be allowed to stand on any portion of said track which is in a public.street in said City. Section 3 The Texas and New Orleans -Railroad Company shall at its own expense construct and maintain suitable ditches and culverts for the purpose of properly draining all streets and alleys along and over which said trackage is authorized to be, laid, insofar as the drainage thereof may be interferred with by such tracks, embankments or other structures hereby authorized, and shall at its own expense whenever required to do so. by the City of Beaumont, pave,between the rails of said track and for a distance of two feet on each side there- of, and construct and maintain at its own expense at any time desired by the City of Beaumont, good -and sufficient crossings at intersections of all streets crossed thereby, with easy approaches thereto, which crossings, appm aches, pavements, etc., shall be done under the direction of -the City Engineer. Section 4 The foregoing rights and privileges are granted upon _ the expressed condition that the grantee shall within thirty (30) days after passage and approval of this ordinance file with the Clerk of the City of Beaumont, its written acceptance hereof. Section 5 Unless the Texas and New Orleans Railroad Company, its successors and assigns, shall construct, build, lay and complete (if -not already done) the trackage herein contemplated within three (3) months after final passage and acceptance hereof, or if such company shall fail to use, maintain and operate said track for any period of six (6) months, this ordinance shall become null and void and fully terminated. Section 6 This ordinance -and the'rights and privileges herein granted are subject to all the.terms, provisions and conditions of the Charter of the City of.B_eaumont, and said privileges and franchises hereby granted shall continue in force for a period of tell (10) years from and after ' the date of acceptance hereof and upon the conditions herein stated. Section 7 As a condition of securing and maintaining the rights herein granted, the grantee, its successors and assigns, shall in addition to the other requirements hereof, pay to the City of Beaumont upon the taking effect of this ordinance, the sum of Twenty-five Dollars ($25.00), and thereafter during the life hereof shall pay to the City of Beaumont a like amount on July lst of each and every year. If such sums be no.t paid when due and if default in the payment thereof continues for thirty (30) days thereafter, the rights and privileges herein granted shall cease and terminate, and within ninety (90) days thereafter the grantee, its successors or assigns, shall remove from the streets hereby affected, all rails, ties or other construction or materials, and shall place such streets affected thereby in first class condition. Passed by the aff'rmative vote of all members of the City Commission, this the = day of 1933. or, Ci'- of Beaumont, Texas.