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HomeMy WebLinkAboutORD 5-KAN ORDINANCE AUTHORIZING THE TEXAS AND NEV7 ORLEANS RAILROAD COMPANY TO SHIFT AND RECONSTRUCT CERTAIN OF ITS RAILROAD TRACKS HERETO- FORE MAINTAINED AND OPERATED ALONG AND UPON MAIN STREET IN THE CITY OF'' BEAUMONT, IN AND TO LOCATION IN, UPON AND ACROSS BOWIE, MAIN, HICKORY, TRAVIS, CYPRESS, MILAM, FRAL=N, MARKET and AUSTIN STREETS OF THE CITY OF BEAUMONT, TEXAS; SUBSTITUTING THE NEW LOCATION OF SAID TRACKAGE FOR THE FORMER LOCATION THEREOF IN MAIN STREET, WITHOUT IIPAIRING,RESTRICT- ING, LIMITING OR ENLARGING OR EXTENDING ANY RIGHT OF THE SAID RAILROAD CONFANY IN, ALONG OR ACROSS SAID STREETS WHEREAS, the Texas and New Orleans Railroad Company now owns, maintains and operates,in the City of Beaumont, a certain railroad track connecting its main line with trackage serving the publicly owned docks-,. wharves and port facilities in said City,which track is situated in Main Street, from a point at or near Bowie Street., to and across 1.1ilam Street, by virtue of an order of the Commissioners Court of Jefferson County, adopted on I -Line 6, 1877; and WHEREAS, the City of Beaumont., in order to relieve congest- ion of vehicular traffic on said Street, has requested said Railroad Company to remove certain portions of said track from said Street and to construct a new track connecting its main line and said wharf fa- cilities in a new location approximately three hundred thirty two (332) feet Northeasterly from the center line of" Main Street; and WHEREAS, said Railroad Company is willing to remove certain portions of said trackage in accordance with the request of the City and has, on November 26, 1932,entered into an agreement with the City covering the terms and conditions of such removal and the construction of a new track; NOW2 THEREFORE, PURSUANT TO THE TERMS OF SAID CONTRACT, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF HEAUMO , TEXAS! a;ECTION 1'i `.Phe right, privilege and franchise is hereby granted to the said Texas .and New Orleans Railroad Company to construct, maintain and operate railroad trackage in, along and across certain streets of the City of Beaumont particularly described as follows: (a) A connecting or lead track commencing at a point in the Northwestline of Bowie Street,appnoximately sixty three (63) - feet Southwest of the East corner of Block 15,and thence East- ward along a presently existing track of said Railroad Company', upon and across Bowie, Main and Travis Streets, and in and along Hickory Street, to a point approximately fifty (50) feet. East of the East line of Travis Street, aril thence in an East- erly direction along the center line of a proposed track in and along; Hickory Street and upon and across Cypress Street, Q �'i % . S - Y i to a point in the East line the-reof',approximately eighteen (18) deet South of the Northwest corner of Block No. 7. where said track enters upon a right of way or easement to be conveyed to the:. Railroad Company by the City, and extend- ing in a general Southeasterly direction upon said right of way or easement to a point. in the Northeast line. of Main Street,approximately twenty (20) feet Northwest of the. South corner of said- Block 1, crossing the roadwayy.or Street leading from the East end of Milam Street to the City's wharves and docks, crossing Franklin Street between Lot 533, Block.l,and lot 539, Block 2, and crossing Market Street in said Block 1, and extending in a general Southerly direction, along a presently existing track, from said point. in the North- east line of Main Street, approximately twenty (20) feet North- west of the South corner of said Block 1, upon and across Main Street,and in and along Austin Street to connection with track of Beaumont Wharf and Terminal Company, at a point approxi- mately thirty five (35) feet Southwest of the Southwest line of Main Street, the location of said track being indicated by solid black anal . solid write lines on Exhibit A,hereto attached. (b) An interchange track to-eated, or to be located, on a right of wary or easement. to be conveyed to the Railroad by the City of Beaumont, end extending from connection with track above described at a point in Lot 542, Block 2, across Block - 2, and upon and across Frenklin:.Street, between Lot 533, Block 1, and Lot 539, Block 2, across Block 1, and upon and across Market Street, in said Block 1, and extending from a oint in the. Southwest line of Block 1, approximately eight (83 feet Northwest of .the South corner of said. Block 13, Southward upon and across Main Street,and in and along Austin Street, to -a connection with the track of the Beaumont Wharf and Terminal Company, at a point approximately thirty five (35) feet South- west of the Southwest line of Main Street, the location of said track being indicated by solid white and solid black lines on said Exhibit A. SECTION 2. -All rights heretofore existing in the Railroad Company, party hereto, to maintain and operate a railroad lead or con- necting track in and along Main Street, from its intersection with Travis Street, Southeast to Block No. 1, shall continue with respect to the trackage in the new locations described in paragraphs (a) and (b) of Section 1, in the same manner and under the identical rights as,.though;.-the;. said ..trackage had been originally constructed and since maintained in .the new location described in the said paragraphs (a) and (b) ofon 1; the intention being only to substitute the new location of said trackage .for the former location thereof in Main Street between Travis Street and said Block 1, without impairing, re- stricting or limiting any rights,and without enlarging or extending any right of' the said Railroad Company in, along or across said streets. SECTION 3: This Ordinance shall take effect from and after its passage and approval by the Mayor, thelawful publication as pro- vided by the City Charter and the acceptance of the said Railroad Com- pany, it being understood that said Railroad Company shall,within thirty (30) days: after the passage and approval,file with the. City -2- a Clerk its tivritterz acceptance of all the terms and provisions of this Ordinance; a Passed this _2 day of r_A �1933, Approved _day of ! i'i ,1933, 'w May Xr oft e gity of Beaumont,Texass AN ORDINANCE AN ORDINANCE AUTHORIZING THE TEXAS AND NEW ORLEANS RAIL- ROAD COMPANY TO SHIFT AND RECONSTRUCT CERTAIN OF ITS RAILROAD TRACKS HERETOFORE MAINTAINED AND OPERATED ALONG AND UPON MAIN STREET IN THE CITY OF BEAUMONT, IN AND TO LOCATIONS IN, UPON AND ACROSS BOWIE, MAIN, HICKORY, TRAVIS, CYPRESS, MILAM, FRANKLIN, MARKET AND AUSTIN STREETS OF THE CITY OF BEAUNIONT, TEXAS; SUBSTITUTING THE NEW LOCATION OF SAID TRACILAGE FOR THE FORMER LOCATION THEREOF IN MAIN STREET, WITH- OUT IMPAIRING, RESTRICTING, LIMITING OR ENLARGING OR EXTENDING ANY RIGHT OF THE SAID RAILROAD COMPANY IN, ALONG OR ACROSS SAID STREETS. WHEREAS, the Texas and New Orleans Railroad Company now owns, maintains and operates, in the City of. Beaumont, a certain rail- road track connecting its main line with trackage serving the public- ly otmed docks, wharves and port facilities in said City, which track is situated in Main Street, from a point at or near Bowie Street,•to and across .Milam Street, by virtue of an order of the Commi-ssioners Court of Jefferson County, adopted on June 6th, 1877; and, WHEREAS, the City of Beaumont, in order to relieve con- gestion of vehicular traffic on said Street, has requested said Rail- road Company to remove certain portions of said track from said Street and to construct a new track connecting its main line and said wharf facilities in a new location approximately three hundred thirty-t,^ro (332) feet northeasterly from the center line of Main Street; and, WHEREAS, said Railroad Cpmpany is milling to remove cer- tain portions of said trackage in accordance with the request of the City and has, on November 26th, 1932, entered into an agreement with the City covering the terms and conditions of such removal and the construction of a new track: NOVI, THEREFORE, PURSUANT TO THE TERMS OF SAID CONTRACT, BE' IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1. The right, privilege and franchise is hereby granted to the said Texas and New Orleans Railroad Company to c cnstruct, main - twin and operate railroad trackage in, along and across certain streets of the City of Beaunont, particularly described as follows (a) A connecting or lead track coimmencing at a point in the northwest lire of Bowie Street, approximately sixty-three (63) feet southwest of the east corner of Block 15, and thence eastward along a presently exist- ing track of said railroad company, upon and across Bowie, Train and Travis Streets, and in and along Hickory Street, to a point approximately fifty (50) 5 feet east of the east line of and thence in an easter)-_ Travis Street center lane of a y direction along the Hickory Street proposed track in and and upon and across C, along Street to a point in the east line thereof s approximately eighteen (18) feet south of the northwest corner of Block N track enters upon a right g °° 7 "'Dere uir' Of way or easement to be conveyed to the Railroad Company by the City, and extending in a general southeaster) direction upon said right y of a point in the northeast lineway or e4semer_t to approximately twenty Vain Street, south corner y (20) feet northwest of the way or Streetoleadin Block 1, crossing the road - Street to the Cit r s ,from the east end of y1ilam Franklin. Street y s wharves and. docks, crossing 539, Block 2 between Lot 533, Block 1 Block 1 and crossing Market Street9in and Lot direction, extending ingeneral sour syid along presently XIX �htrl from sai d'point in the northea line Of Street, approximatelyn Of the south corner-oftwenty (20) feet. northwest across Main said Block l_ to cos MainoStree and in and along' Upon and trace of Austin Street Terminal Company, Beaumont Wharf and five p ,�, at a point approximately thirty- five feet southtnrest of the southwest line of Main Street, the location of said track being dicated by solid black g in - Exhibit A, and solid white lines on hereto attached (b) An interchange track located, or to be located, on a right of way or easement to be conveyed to the Railroad b and extendi y th geCity of Beaumont from , described a aconnection with track above Block 2, point in Lot 542, Block 2, across and upon and across Franklin am tween Lot 533, Block 1, and Lot 539, Bloc9 be - across Block 1, and kStreet 2 upon and across market Street, in said Block 1, and extending from a point in the southwest line of Bloch 1, approximately feet northwest of the south corner of said�Blockht 8) 1, southward upon and across Main Street, and in and along Austin Street, to a connection with the track of the Beaumont Wharf and Terminal Company, at a point approximately thirty-five (35) feet southwest of the southwest line of Main Street, the location of said track being indicated by solid white and solid black lines on said Exhibit A. I Section 20 All rights heretofore existing in the Railroad Company, party hereto, to maintain and operate a railroad lead or connecting track in and along Main Street, from its intersection with Travis Street, southeast to Block No. 11 shall continue with respect to the trackage in the new locations described in paragraphs (a) and Vb7 of Section), in the same manner and under the identical rights as though the said trackage had been originally constructed and since maintained in the new location described in the said paragraphs (a) and (b) of Section 1; the intention being only to substitute the new location of said trackage for the former location thereof in Main Street between Travis Street and said Block 11, without impairing, restricting or limiting any rights, and without enlarging or extend- ing any right of the said Railroad Company.in, along or across said streets. Section 30 This Ordinance shall take effect from and after its pass- age -and approval by the Mayor, the lawful publication as provided by the City Charter and the acceptance of the said Railroad Company, it being understood that said Railroad Company shall, within thirty (30) days after the passage and approval, file with the City Clerk its written acceptance of all the terms and_provisions of this Ordinance. Passed this 23rd day of May, A. D. 1933. Approved this the 23rd day of May, A. D. 1933. (Signed) E. A. FLETCHER MAYOR, City of Beaumont, Texas.