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Home My WebLink AboutORD 7-K" r C `!v co -1671 .3 AN ORDINANCE GRANTING TO THE BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPAiVY. OF TEXAS, ITS SUCCESSORS AND, A SSIGNS, THE RIGHT TO -BUILD, CONSTRUCT AND OPERATE AN INDUSTRY TRACK. -OVER AND ALONG THE ALLEY IN BLOCKS NUMBERS TWO, THREE AND FOUR OF THE McMILLAN ADDITION TO THE CITY OF BEAUMONT,.AND ACROSS ARCHIE.AVENUE AND JEFFERSON STREET, AS IS SHOWN BY THE.BLUE PRINT ATTACHED TO THIS ORDINANCE: PROVIDING ALSO.THAT SAID TRACK-IS,AND SHALL BE.USED ONLY AS AN INDUSTRY TRACK AND,PROVIDIN G FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL.BE ACCEPTED IN WRITING BY _ BEAUMONT, - SOUR LAKE_ _ & WESTERN RAILROAD COMPANY., WITHIN -THIRTY (30) DAYS AFTER PASSAGE AND APPROVAL OF THIS ORDINANCE,.AND THAT SAID TRACK SHALL BE COMPLETED WITHIN TWELVE (12)'MO'NTHS AFTER THE FIN- AL PASSAGE.. AigD PUBLICATION . OF, THIS ORDINANCE: ALSO,PROVIDING . THAT BEAUMONT, SOUR.LAKE & WESTERN RAILROAD COMPANY SHALL PAY TO THE, CITY OF BEAUMONT, 'ANNUALLY, ON THE. FIRST DAY OF JULY.. OF EACH YEAR, THE SUM OF BlIENTY-FIVE.. AND NO/100 DOLURS ' ($25.00) AS REASONABLE COMPENSATION FOR THE..PRIVILEGE AND VRANCHISE-HEREBY GRANTED;_AND.PROVIDIItG FURTHER THAT THE FRANCHISE SHALL BE'SUB- JECT TOTHE TERMS -AVD CONDITIONS -OF THE CITY CHARTER OF THE CITY OF BEAUP+6ONT AND SHALL EXIST.FOR A PERIOD OF TEN YEARS,,AND REPEAL- ING.A SIMILAR ORDINANCE ENACTED DECEMBER 20TH, 19320 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, - TEXAS : SECTION 1. Beaumont, Sour Lake & Western Railroad Company, its successors and assigns, are hereby granted the right and fran- chise to lay, build, construct, maintain and operate, at its own expense, a standard gauge railroad track over and along the alley in Blocks Numbers two, three and four of the McMillan Addition to the City of Beaumont, Texas, and across Archie Avenue and Jeffer- son Street, beginning at a point in the center line of the alley of Block 4, McMillan Addition to the City of Beaumont, Texas; said point being 135. feet more or less distant southwesterly -from the westerly line of Archie Avenue; thence northeasterly along the alley of Blocks 4, 3 and 2 of said addition and crossing Archie and Jefferson Avenues, a distance of 630 feet to end; also, commencing at the point of intersection of the easterly line of .Archie Avenue and the center line of alley. of Block 3 of said Addition; thence, northeasterly along the center line of said alley, a distance of 35 feet to point of beginning of connecting track; thence northeasterly on a curve to the left, a distance of 110 feet more or less to end in the northerly line of said alley, as shown on blue print attached hereto, marked Exhibit "All and made a part hereof, the line of said proposed railroad track being indi- cated by the yellow line -drawn on said blue print. 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, for the purpose of affording loading, unloading and switching facilities to commer- cial and industrial enterprises -now located 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 any public street (not including alleys) of the City of Beaumont. 5---3 0--/933 SECTION 3. That the said Beaumont, Sour Lake &Western Railway Company shall be required at its own expense to construct and maintain suitable. ditches and culverts for the purpose of prop- erly draining said streets and alleys along and over which said railroad trackage is authorized to'be laid (insoffr as the drainage thereof may be interfered with by the tracks, embank- ments or other structures hereby authorized), and shall, at its own.expense, in the event that the City of Beaumont desires to pave said street or alleys, pave between the rails of said track and for a distance of two feet . on each side thereof, .and to con- struct and maintain at its own expense good and sufficient cross- ings at the intersections of all streets crossed by said rail- road tracks, with, easy approaches thereto, and on crossings on paved streets, to construct permanent crossings in accordance with blue print attached hereto -and marked Exhibit ttBt', and under the direction of the City Engineer. SECTION 4. The foregoing rights and privileges are granted upon the expressed condition that the said grantee shall, within thirty (30) days after the passage and approval of this ordinance, file with the City Clerk of the City of Beaumont, its written acceptance of this ordinance. SECTION 5. IInless the Beaumont I- -Soto° -Lake -& Western --Railroad Company, its successors.and assigns, shall construct, build, lay - and complete, for the purpose of operating the track herein con- templated within twelve (12) months after the final passage, acceptance and publication of this ordinance, then to the extent of the track not so completed, this ordinance shall become null and void and of no force and effect.* SECTION 6. This ordinance and the rights and privileges there- in granted are subject to all of the terms and provisions of the Charter of the City of Beaumont, and said privileges and franchise hereby granted shall continue in force for a period of ten (10) years from and after the date of said grantee's acceptance of the terns hereof. A similar ordinance enacted December 20th1932en- rolled in Vol. 6, Page 1001 , , , Minutes of Ordinances of Beaumont, is hereby expressly repealed, rv_. _ SECTION '7. As a condition of maintaining in force the rights and privileges granted by this ordinance the grantee, its success- ors and assigns, shall pay to the City of Beaumont on or before the first day of July, of each year afterthe taking effect of this ordinance, the sum of Twenty-five and No/100 Dollars ($25.00) with respect to the tracks herein authorized to be -constructed and operated. If such sum be not paid as herein provided, and, if such �• default shall continue for thirty days after written notice thereof to grantee, its successors or assigns, the rights and privileges herein granted with respect to the track or tracks as to which such default may exist shall cease and determine, and within ninety days thereafter the grantee herein, its successors or assigns, shall remove from the public streets and alleys the rams, ties and other materials in such track or tracks. Passed by the affirmative vote of all members of the Y aA Commission, this the 3 O da of 144-11-1 ` A. D..1933. :od r May o City of Beaumont, Texas �.. 0 STATE OF TEXAS) COUNTY OF HARRIS) SNOW ALL MEN BY TI -MSE PRESENTS: That, the Beaumont, Sour Lake & Western Railroad Company hereby accepts the terms and conditions of the Ordinance of the City of Beaumont - Jefferson County- Texas, passed by the City Commission on May 30th,1933s and bearing the following title: GRANTING TO THE BEAUMONT, SOUR LAKE & WESTERN RAIL- ROAD COMPANY OF TEXAS, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD' CONSTRUCT AND OPERATE AN INDUSTRY TRACK OVER AND ALONG THE ALLEY IN BLOCKS NUMBERS TIVO, THREE AND FOUR OF THE McMILLAN ADDITION TO THE CITY OF BEAUMONT, AND ACROSS ARCHIE AVENUE AND JEFFERSON STREET AS IS SHOWN BY THE BLUE PRINT ATTACHED TO THIS ORDINANCE: PROVIDING ALSO THAT SAID TRACK IS -AND SHALL BE USED ONLY AS AN IN- DUSTRY TRACK AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED -SHAM BE ACCEPTED IN WRITING BY BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPANY WITH- IN THIRTY (30) DAYS AFTER PASSAGE AND APPROVAL OF THIS ORDINANCE, AND THAT SAID TRACK SHALL BE COMPLETED WI9!H- IN TWELVE (12) MONTHS AFTER THE FINAL PASSAGE AND PUBLI- CATION OF THIS ORDINANCE: ALSO, PROVIDING THAT BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPANY SHALL PAY TO THE CITY OF BEA.UMONT, ANNUALLY, ON THE FIRST-DAY OF JULY OF EACH YEAR? THE SUM OF TWENTY-FIVE AND NOAOO DOLLARS (250-00) AS REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRANCHISE HEREBY GRANTED: AND PROVIDING FURTHER THAT THE FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FORA PERIOD OF TEN YEARS, AND REPEAL* ING A SIMILAR ORDINANCE ENACTED DECEMBER 20th, 1932; You Will please file this letter as the acceptance of said Railroad Company pursuant to Section #4 of said ordinance','- TBE rdinance'; THE BEAUMONT, SOUR LAKE & WESTERN RAILROAD COMPANY B ._0. . a, Land& Industrial Commissioner