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Home My WebLink AboutORD 17-Ki' Vii:. '• Al, 't► .a AN ORDINANCE GRANTING TO THE TEXAS AND NEW ORLEANS RAILROAD COMPANY, ITS SUCCESSORS ..UTD ASSIGNS, THE RIGHT -TO BUILD, CONSTRUCT AND OPERATE OR TO CONTINUE TO OPERATE ITS PRESENT INDUSTRY TRACK OVER AND ACROSS TRAVIS STREET. IN THE CITY OF BEAUMONT, RUNNING ALONG THE SOUTH SIDE OF SAID RAILROAD COMPANYtS MAIN LINE AND INTERSECTING THE EAST. LINE OF TRAVIS STREET APPROXIMATELY ONE HUNDRED SEVENTY (1701) FEET NORTHERLY FROM THE NORTH LINE OF HICKORY STREET, 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 THAT 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 GRANTEE SHALL PAY TO THE CITY OF BEAUMONT THE SUM OF TWENTY-FIVE DOLLARS ($25.00) UPON.PASSAGE HEREOF AND TWENTY-FIVE DOLLARS ($25.00) EACH YEAR ON THE FIRST DAY OF JULY DURING THE EXISTENCE OF THIS ORDINANCE, AND PROVIDING THAT THIS FRANCHISE 'IS SUBJECT TO ALL THE TERTIUS AND CON- DITIONS OF THE BEAUMONT CITY CHARTER. BE IT ORDAINED BY THE CITY C0MI SSION 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 gauge railroad track over and, abross - Tra.vis Street in the City of Beaumont as follows: A spur track one hundred seventy two (1721) feet in length on the south side .of the Texas and New Orleans Railroad Company's main line, beginning sixty (601) feet approximately easterly from the intersection of the .center of -said spur track with the -east line of Travis Street, at its.connection with the track serving the Crystal Ice -Company ;_ Thence westerly through a portion of Block 10, - intersecting the east line of Travis Street, appro- ximately one hundred seventy (1701) feet northerly from the north line of Hickory Street, continuing westerly across Travis Street, intersecting the west line.of Travis Street at approximately one hundred fifty . (1501) feet -northerly from the north line of Hickory Street, anq entering Block 25; the portion to°sated in'Travis Street is shown by red line on map hereto attached, -and made a part hereof. Section 2 The track to be laid, built, operated under this ordinance shall be track; that is for loading, unloading commercial and industrial enterprises vicinity of said track. No cars of an on any portion of said track which is Section 3 constructed , maintained and used only as an industrial and switching facilities to now or hereafter located in the y kind shall be allowed to stand in a public street in said City. 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 I 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 ovm 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, approaches, .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 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 Beaumont, and said privileges and franchises hereby granted shall continue in force for a period of ten (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 assign -s, 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 not 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 aVirma.tive vote of all members of the City Commission, this the 3 _ day of QcE7' o ti Q. Y , 1933. Mor, Ci -of.Beaumont, Texas.- TO TILE 101\1OBABi,E hAYOR. A D CO :.ZvSIO E' S OI TIE CITY 0 BAUD_PRII', T?-K&S. M 1L,P N: Your Petitioner; .the Texas anc7, New Orleans Rail- road Company respectfully represents that it has constructed and has inaintained for many years a spur railroad, track hereinafter' described in the Citf of Beaumont, Texas, ' a portion of uhich is located in Travis Street by virtue of an or di rance dated October 5, 1915, which. has expired by its tern: Said track beim described as .follo7,4: A spur trac'_r one hundred seventy two (172f) feet in length on the south side of the Texas and New Orleans Railroad Company's main line, beginning sixty (60') feet approximately easterly from the intersection .ofd the center of said spas trach . Tith the east lino of Travis Street, at its. connection with the track serving the Crystal Ice . Company; Thence westerly through a portion of Block 19intersecting the east line of Travis Street, approximately one hundred. seventy (170) feet northerly from the north lire of I11iekory Street, continuing westerly across Travis Street, inter- secting the taest line of Travis -Street at approx-- imaately on.e hundred fifty (1501) feet northerly from the north line of hickory Street., and` enter- ing Block 25; -the portion located in.Travis Street - is shown,by red line on map hereto attached, and made a part hereof. As it'i s essential for the 'proper conduct" of your Petr° . tior_er's operations that it continue '�o ,maintain said track as presently located,. and to operate its engines, trains and cars thereover, it is therefore requested that such right, privilege.and franchise as may be necessary`to` continue the maintenance and operation of said track across Travis Street be granted it;, and any and all ordinances required be passed and .approved in the manner .prescribed by the charter of said City.. . I SI'EcTF(TLTY SJBf'aI'Tr�',,..th s `/�" day of A.D. 1933. TEXAS T 7 ITS ORL 11S LAMIO AD C 3T alTY By K�� General Tanager. \\