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HomeMy WebLinkAboutORD 56-A-1AN OR D INA N C E Granting the Houston, Beaumont & New Orleans Railroad Company its successors or assigns a right of gray over certain I streets, avenues and alley,: -,s in the City of Beaumont, for i the operation and maintainariee of a railroad. = 1 Bt it oraairied by the City council -of the City of B eaumo Section 1. That the Houston, Beaumont & New Orleans Railroad Company, its successors or assigns, is hereby author- ized and empowered to construct, equip, operate and maintain a line of railroad over, upon and across the following named Streets, avenues and alleys in the City of Beaumont,. Jeffer-- son County, Texas, as. indicated on Nelson & White's map of the City of Beaumont. One tract from the line of the western city limits at a point south of the Southern Pacific Railroad to the intersection -of Avenue A and Bowie Street, in- cluding the right to cross with one trach, any and all intEn�'vening streets, avenues and alleys, by whatever name known. The right of way. over, along and upon gest Bowie and Bowie Stf, from Avenue A. to the eattern terminus thereof, provided it shall acquire by contract or purchase, the right to use the tracks now laid on Bowie St.. belonging to the Kirby Lumber Company; it being the intent that there shall be but one track on' said Bowie Street., - One track from the eastern terminus of Bowie Street to the Neches river, with the right to cross with one track all intervening streets, avenues and alleys,by whatever name known. One track from the line of the western city limits at a point south of the Southern Pacific railroad to the south corner of Block 5,7, near the intersec7, tion of Bibb avenue and Fannin Street, with the right to cross with one track, any'and all inter- vening streets, avenues and albeys, by whatever name known. One track on Fannin Street, from the South corner of Block 57 to the eastern terminus of Fannin Street, with the right to cross, with one track, any and all inter -vening streets, avenues and alleys, by `. whatever name known. One track from the eastern terminus of Fannin Street to the Neches river, with the right to cross with one track, any and all intervening streets, avenues and alleys, by whatever name known. SMITH, CRAWFORO & SONFIELD One' track from the western city limits near the north, - west corner of Block . 36. in the Cartwright addit- ion to the intersection of Goliad Street and Forsythe Str eet, including the right to cross with one track, any and all intervening streets, avenues and alleys, by whatever name known. One track on Goliad Street from Forsythe St. to the Southern terminus of Goliad Street, on .the South city limits, with the right to cross with one track,any and all intervening streets, avenues and alleys; by whatever name known. The said company, its successors or assigns shall,within one hundred and twenty (120) days from the passage of this ordinance, signify in vw iting to be filed with the City See - rotary, which of the two streets, Fannin or Bowie, it purpos- es to use; it being intended to grant the right of way over one or other of said streets, -and when said. designation is so made, the right of way over the street not designated, shall become null and void, and of no � force or effect. And - Provided fur then, -that in the event the grantee, its success- ors or assigns, shall fail, to snake such designation as here- in Provided, within one hundred and twenty( 120) days, after the passage of this ordinance, all the rights and franchises gxatmd granted by this ordinance shall be forfeited. Section 2. That whichever of the two streets, Bowie or Pan- nin, may be designated by said company, its.successors or assigns, the street 'so selected to be used from Sabine Street to Main Street, including the named streets,. shall be used exclusively for through traffic, and no switching shall be done on the street selected between, or upon the above nanm..d streets, in the way of making up or dividing trains. _Section 3. That said Compnny, its successors or assigns takes the rights and franchises herein granted, subject to the previsions of the d-. anter of the City of Beaumont, and any amendment which may hereafter be made thereto, and subject to the ordinances of the .said City,now in force, or which may hereafter be pa�ssed;p with the understanding however, that SMITH, CRAWFORD &. SONFIELO mim -Z-- after the construction of said railroad, its rights and fran- chises derived from this Ordinance, shall. be irrevocable and with .the further understanding that if the City of Beau- mont shall desire to pave any of said streets, to. be oe pied by said railroad, said railroad. company, its successors or assigns, shall be required to pave only from one end to the other of its ties. 1Section 4. The rights and privileges herein are granted to said Company, its successors or assigns, upon condition that said railroad company, through its proper officer, or officers shall within thrity days after the passage of this ordinance, file with the City Secretary, its written accept - once of this ordinance; and upon the further condition that within two years, `after the passage of this ordinance, it shall 'construct.. complete, ` -equip and have in runni ng order , and shall thereafter eontitmously maintain and operate a first class steam railroad. from the City of Beaumont to the be City of Houston, Texas. If said railroad shall not,,so con - structed, colleted • aiid eqjApped arid' in running order with- in said tow years, and shall not comply with the other con- ditaons herein, then the .rights, privileges and franchises, granted by -this ordinance shall immediately cease and deter- mine, and shall be forfeited without legal proceedings. section 5. This ordiance shall be in. force and take effect from and after its, passage. 4' 4 � jr SMITH, CRAWFORD &. SONFIELO 19103 ,RD, -A4 -0 - --:AN OI?'DI NAN0E :- - ttuuitfitt Grafting the Houston, Beauriont and New Orleans lros_d Company, i-ts successors or assigns .a right of way over ertain streets, avenues and alleys in the'City of Beaumont, for the oloeiation and maintainaee of a railroad. BE IT ORDAINED by the City Council of the City of Beaumont: SECTION I. That the Houston, Beaumont & New -Orleans Railroad Company, its successors or assigns is hereby authorized and em - eyed to construct., equip, operate and maintain a line of rail- a,y over, upon and across the following. named streets, avenues and alleys in the City of Beaumont, Jefferpon, County, Texas, as indicated on Nelson & white's man of the City of Beaumont, as Ifo llows :- One track from the line of the western city limits at a point South of the Southern Pacific Railroad to;the intersee tipniof Avenue A and Bowie; t eet, including the right to cross with one track, any and all, -streets, avenues and alleys by what- ever name known. One track on Bowie Street from Avenue A, to the eastern terjainus of,Bowie Street, including the right to cross with one track all intervening streets , avenues and alleys by whatever name known. One track from the eastern terminus of Bogie Street to he Neches river, including the right to cross with one track ny and all intervening streets, avenues and alleys by whatever ame known. One track froom. the line of the western city limits at a point south of the Southern Pacific Railroad to the South cor- er of clock 57, near the intersection of Bibb Avenue and Fannin Street, with the right to cross with one track any and all in -- t ? n -_+. streets, avenues and alleys by :Afhatever name known. One track on Fannin.Street from the South corner of ock 57 to the eastern terminus of Fannin Street, with the ght to cross with one track, any and all intervening streets enues and alleys, by whatever name known. One t:cack from the eastern terminus of Fannin Street the Neches river, with the right to cross. with one tr_,.ck, any all intervening streets, avenues and alleys by whatever name Ifn. One track frcoA the Western" city limits near the north - est corner of Block 0-6 in the Cartwright Addition to the in- er'section of Goliad Street and_ Forsythe Street, including the SMITH, CRAWFORD &, SONFIELD r a PiD 1 `k",1 t,a In view of the proppsition submitted by -the Kirby Lumber Company,' and this day accepted by the City Council, I move that the Ordinance as read, be amended as fol- lows: Strike out from Section One the words,"the right of way over, along and upon Rest Bowie and Bowie Streets from Avenue A. to the eastern terrciinus thereof, y)rovided it shall acquire by contract or purchase the right to use the tracks now laid on Bowie Street, belonging to the Kirby Lumber Conpany,, it being the int._,nt that there shall.be but one track on said Bowie Street," and substitute therefor the following: One track on Bogie Street from Avenue "All to the east- ern terminus of Bowie Street, including the right to cross with one track all intervening streets, avenues and alleys by what- eve-±, name known. One track from the eastern terminus of Bowie Street to the Neches river, including the right to cross with one track any and all intervening streets, avenues and alleys by whatever naize known. Strike of t from Section the rds, "On hundred and Twenty days", whereve id section the wo 3 appear, and in their place i .. c sectio ttbstitute there r the wrods►six ilio . � And strike out all of ,Section IV, and substitute �I th.erefor the following: �s�f-IVB---��he.-rghs=ald.riv-Ll.ee,s_he_r.en�,,are grpd_ t at-eo --- ..d--- - said Company, its successors or assigns, upon condition that within yearj after the passage of this Ordinance it shall begin the.const.cuction of its railroad between -Houston and Beau none. The entire Ordinance with said wiiendments, reading as follows :- ". ' I SMITH, CRAWFORO & SONFIELD 196 n ..on, right to cross with one track any and all intervening streets, avermes and alleys by w1natever na ie known. OnQtrack on Goliad Street from Forsythe Street to the Southern terminus of Goliad Street on the South city limits with the right to cross with one track, all intervening streets, avers ues and alleys by whatever name 'Known® The said Com -pan, its successors or assigns shall with- in _ - from th ^passage of this ordinance signify in writing to be filed with the City Secretary, which of the two streets Fannin or Borrie, it purposes to use, it being intended to grant the right of -%gay over one or other of said strueis, and when said designation is so made, the right of ,,Tay over the street not designated, shall become r_ull and void., and of no force or effect: And Provided further that in the event the grantee, its siicce2sors or assigns shall fail to make such de— signation as herein Provides] within t :hs aft�nesage of this ordinance, all the rights and franchises granted by this ordinance shall be forfeited. 9,21TIOIJ II. That whichever of the two streets --Bonnie or Panni may be de -ignited by said Cor11p2xiy, its successors or assigns, the street so selected to be used from Sabine Street to Main Street, including the named streets, shall be used exclusively for through traffic, and no svTitching shall be done on the stree selected- bettdeen the above named streets, in -the 1 ay of naking up or dividing trains. SEC1;ION III. That said Company, its successors or assigns take the right and franchi;Bes herein: granted, subject to the provis— ions of the Charter of the City of Beaumont and any amendment- which mendment-which may hereafter be made thereto, and subject to the ordin— ances of said City now in force, or which may hereafter be pass— ed with the understanding, however, that afterthe construction of said railroad, its rights and franchises derived from this ordinance shall be irrevocable; a:c_�d with the fT. rther understand— SMITH, CRAWPORD &. SONFIELO A) ID 5 1 ig that if the City of Beaunont shall decide to pave said street. to be occupied by said railroad, said railroad colapany, its successors or assigns shall be required to pave only fro_- one tm end to the other of its ties. gECTIONIV. The rights and privileges herein are granted to said Company, its successors or assigns upon condition that Y,rithin t=-"\yeaTV after, the -passage of this Ordinance it shall betin the const? cti en of its r2ilro^d. betirirep-n Houston and Beau— nt. SBCTIOIT V. This Ordinance shall be in force and take effect and after its passage. i SMITH, CRAWPORD & SONFIELD