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Home My WebLink AboutORD 20-KAN ORDINANCE 1 a =Q_I-7j,-1193 -GRANTING TO THE BEAUMONT, SOUR LAKE AND WESTERN RAILWAY COMPANY OF TEXAS, ITS SUCCESSORS.AND ASSIGNS, THE RIGHT TO BUILD, -CONSTRUCT AND OPERATE AN INDUSTRY TRACK OVER AND ALONG THE ALLEY IN BLOCK NUMBER1 AND A PART OF -BLOCK NUMBER 20 OF THE McMILLAN ADDITION TO BEAUMONT, TEXAS AND ACROSS TRINITY AND NECHES STREETS, AS SHOWN BY BLUE PRINT_ ATTACHED TO THIS ORDINANCE, SUCH TRACK BEING INDICATED BY YIMLOW LINE; PROVIDING THAT SUCH TRACK - SHALL BE USED ONLY AS AN INDUSTRY TRACK AND THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE. ACCEPTED IN WRITING BY THE GRANTEE 1jTITHIN THIRTY (30).DAYS AFTER PASSAGE AND APPROVAL .OF THIS ORDINANCE; THAT SAID TRACK SMALL -BE COMPLETED WITHIN SIX (6)MONTHS AFTER FINAL PASSAGE AND PUBLICATION OF THIS ORDINANCE AND IF NOT SO C1EPI,ETED OR IF NOT USED FOR.ANY-PERIOD OF SIX -(6) MONTHS THAT THIS ORDINANCE SHALL TER- i11INATE; PROVIDING THAT BEAUYTONT, SOUR LAKE & WESTERN RAILti,TAY COMR.ANY SHALL PAY THE CITY OF BEAUMONT $25.00 UPON PASSAGE AND ACCEPTANCE HEREOF,AND $25.00 ON JULY lst EACH YEAR,DURING THE LIFE HEREOF; PRO- VIDING THAT THIS FRANCHISE SHALL -BE SUBJECT TO THE TERMS AND CONDI- TIONS OF THE. CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR TEN '(10) YEARS SUBJECT T0. THE TERMS HEREOF, AND PROVIDING THAT UPON TERMINATION FOR ANY CAUSE SUCH.TRACK SHALL BE REMOVED AND SAID ALLEY AND STREETS PLACED IN FIRST CLASS CONDITION AT THE.EXPENSE OF THE - GRANTEE. BE IT ORDAINED BY THE CITY.COMMISSION OF THE CITY OF ,BEAUMON T, TEXAS: Section .1 Beaumont, Sour Lake & Western Railway 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 along the alley in a part -of Block No. 2 and all of Block No. 1 of the McMillan Addition to the City of Beaumont, Texas, and across Trinity and Neches Streets, beginning at a point in the -North line of the alley running through Block No. 2 of the McM.lillao. Addition which point is 100 feet easterly from. the easterly line -of Jefferson Street; thence easterly a distance of 40 feet to the P. C. of an 80curve to the left; thence continuing esterly along an 80 curve to the left, a distance of 130 feet to the P. T. of said curve, which point is 8.5 feet northerly from the. southerly line of said alley; thence easterly on a tangent to the last described course 8.5 feet northerly from and parallel witli the southerly line of the alley in Blocks 1 and 2, crossing Trinity Street and Neches Street a distance of 452.2 feet to the easterly'.line of Neches Street, the location of said trackage being shov�n by blue print hereto attached and made a part of this ordinance, the track being indicated thereon by a yellow line. Section 2 The track to be laid, built, constructed, maintained, and operated under the terms and conditions of this ordinance shall be used only as an industrial track, that is to afford loading, unloading and switching facilities to commercial and industrial enterprises novo or hereafter to be located in the vicinity of said track. No cars of any kind shall be allowed to stand on that portion of said track which is in either of said public streets. Section 3 Beaumont, Sour Lake & !Afestern Railway Company shall at its oven expense -construct and maintain suitable ditches and culverts for the purpos-e.of properly draining --the streets and alleys along acid over r 7 9 z rZ! which said trackage is authorized to be.laid, insofar as the drain- age thereof may, be interfer-red with by the tracks, embankments or other structures hereby authorized, and shall at its own expense, in the event the City.desires to pave said streets or alleys, pave between the rails of .said track and fora distance -of two feet on each side thereof, .and to construct and maintain at its own expense good and sufficient crossings at the intersections of all streets crossed by said tracks, -with easy approaches thereto, and on cross- ings on paved streets to construct permanent crossings under the direction of the City Engineer. In case said alleyway is used for -other than the trackage purposes herein authorized, grantee herein, its'successors or assigns, shall keep said alley in proper condition for the use thereof, by the public. Section 4 The rights and privileges herein.granted are upon the ex- pressed condition that the grantee .shall within thirty (30) days after passage and approval of this ordinance file with the City Clerk of the City of Beaumont its written acceptance of this ordinance. Section 5 Unless the -grantee herein, its successors or assigns, shall construct, build, lay and complete the track herein contemplated within six (6) months after final passage, acceptance and publication of this ordinance, then .to the extent of the track hot -so completed this ordinance .shall terminate and be of no further force or effect, and should the grantee, its successors or assigns, cease to use said track for any period of six (6) months, this entire ordinance shall terminate and the rights and privileges granted herein shall cease and be of no further force and effect. - Section 6 This ordinance and the rights and privileges herein granted are subject to all of the terms and provisions of the Charter of the City of Beaumont, and such privileges and franchise hereby granted shall; subject to all of the terms and provisions.of this ordinance, continue in force for. a period of ten (10) years from and after :the granteel.s. acceptance of the terms hereof as herein required. Section 7 As a condition of obtaining and maintaining in -force the rights and privileges herein granted, the grantee., its successors and assigns, shall upon acceptance hereof, pay to the City of Beaumont the sum of Twenty-five Dollars ($25.00), and shall pay a like sum to the City of -Beaumont on or before July lst of each year hereafter during the term -hereof. If such sum be not paid as herein required, and if default therein - shall continue for thirty (30) days after the due date thereof, the rights and, privileges herein granted shall cease and terminate at the- option of the City of Beaumont, and upon the termina- tion of such rights and privileges for any cause the grantee, its successors or assigns, shall within ninety (90) days thereafter remove all. of such tracks, ties, and other materials used in such trackage, and shall place such streets and alley in first class condition for the use of the public . . Passed this the day of OC /O 'G i'" , A. D. 1933, by the affirmative vote of all members of the City Commission. May r, Ci tf of Beaumont, Texas. 11-1633 THE STATE STATE OF TEXAS p COUNTY OF JEFFERSON. L. W. Baldwin and Guy A. Thompson, Trustees, The s` Beaumont, Sour Lake & Western Railway Company, Debtor, hereby accept that certain ordinance of'the City Commissi-on.of the City of Beaumont, Texas, passed and approved on the 23d day of October, A. D. 1933, recorded in Volume 6, page 1058, of the Minutes of Ordinances of the City of Beaumont, by which a-cer— tain franchise was granted to The Beaumont, Sour Lake & Western Railway Company, its successors and assigns, to construct and operate an industry track over and along the alley in Block No. 1, and paxt of Block`No. 2, of the McMillan Addition to said City of Beaumont, and across Trinity and Neches Streets. IN TESTIMONY WHEREOF this acceptance is executed and filed by said Trustees, who are operating the properties of said Railway Company pursuant to the orders of the District Court of the United States for the Eastern Division of the East— Tern Judicial District of Missouri, in Cause No. 6935, entitled "In the Matter of LIissouri Pacific Railroad Company, Debt, -or" ; on this 2, 0 day of November, A. D. 1933. L. W. BALDWIN AND GUY A. THODiPSON, TRUSTEES,,- THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, DEBTOR, BY ----- - - Senior- Executive Assistaizt APPROVED AS TO FORM`.: ti Ger , Attorneys. - Ap --ved � Chief Engineer Ak-opfZQ.VED Ganoraf Manager: