HomeMy WebLinkAboutORD 46-JAN ORDINANCE
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GRANTING TO THE BEAUMONT WHARF AND TERMINAL COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO CONSTRUCT,
LAY AND MAINTAIN A SIDE OR SWITCH TRACK OF STANDARD GAUGE OVER
AND ACROSS AUSTIN AND NECHES STREETS TO CONNECT ITS TRACK WITH
A SWITCH TRACK:ON THE PROPERTY OF THE COALE LUMBER COMPANY AND.
TO OPERATE ITS TRAINS AND -CARS THEREON FOR TEN (10) YEARS;
SAID SIDE OR SWITCH TRACK TO CONNECT WITH THE MAIN TRACK OF THE
SOUTH BRANCH OF THE SAID BEAUMONT WHARF AND TERMINAL COMPANY,
NEAR WHERE IT INTERSECTS THE NORTH SIIE OF AUSTIN STREET, AND
TO RUN IN AN EASTERLY DIRECTION ALONG AUSTIN STREET TO THE NORTH-
WEST CORNER OF THE COALE LUMBER COMPANY, WHERE IT SHALL ENTER
SAID PROPERTY AS SHOWN BY RED LINE ON BLUE PRINT HERETO ATTACHED,
MARKED "EXHIBIT A" AND MADE A PART OF THIS ORDINANCE;PPRESCRIBING
THE CONDITIONS TO BE FULFILLED BEFORE SAID ORDINANCE SHALL GO IN-
TO EFFECT, AND THE TIME LIMIT OF SAID CONSTRUCTION OF SAID TRACK;
PROVIDING FURTHER THAT SAID TRACK SHALL BE COMPLETED WITHIN ONE
HUNDRED TWENTY (120) DAYS AFTER THE FINAL PASSAGE AND PUBLICATION
OF SAID ORDINANCE, AND THAT SAID BEAUMONT WHARF AND TERIUIINAL COM-
PANY, OR ITS SUCCESSORS AND ASSIGNS, SHALL PAY TO THE CI'T'Y OF
BEAUMONT ANNUALLY ON THE FIRST DAY OF JUNE OF EACH YEAR, THE SUM
OF TWENTY-FIVE DOLLARS (25.00) AS REASONABLE COMPENSATION FOR
THE PRIVILEGE AND FRANCHISE THEREBY GRANTED; AND PROVIDING FUR-
THER THAT SAID FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDI-
TIONS
ONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST
FOR A PERIOD OF TEN YEARS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BEAUMONT:
Section 1.
That the Beaumont Wharf and Terminal Company is hereby grant-
ed the right and privilege,to construct, lay,and maintain over and
along Austin and Neches Streets in the City of Beaumont, a side or
switch track of standard gauge, and to operate its trains and cars
thereon for a period of ten (10) years, said side or switch track
to spring out of the main track of said Beaumont Wharf and Terminal
Company near where it intersects the north line of Austin Street
and to run in an easterly direction to the northwest corner of the
Coale Lumber Company's property, where it shall enter said property
as shown.by red line on blue print hereto attached, marked Exhibit
"A°l and made a part of this ordinance.
Section 2.
t
The side or switch track constructed under this ordinance
shall be used only as.an industrial track; that is for the purpose
#2.
of affording loading, unloading and switching facilities to
commercial and industrial enterprises now located or hereafter
to be located in the vicinity of said track.
Section 3.
No cars of any kind shall be allowed to stand on the por-
tion of said switch track which is in the public streets of the
City of Beaumont.
Section 4.
The grantee hereunder shall keep up and maintain a crossing.
over said track satisfactory to the City Engineer of the City of
Beaumont, and upon the failure of said grantee at any time to
keep said crossing and.said switch track in a condition satisfac-
tory to the City Engineer, the City of Beaumont shall have the
right to remove said track from its streets and collect the costs
thereof from the grantee herein.
Section 5..
The foregoing rights and privileges are granted upon the
express condition that said grantee, its successors and assigns,
shall, within thirty (30) days after the final passage of this
ordinance, file with the City Secretary its written acceptance
of this ordinance.
Section 6.
Unless the grantee, its successors and assigns, if it
accepts this ordinance, shall construct, lay and have completed
the track herein stipulated within one hundred and twenty (120)
days after the final passage of this ordinance, then same shall
be null and void and of no force and effect.
Section 7.
This ordinance is passed subject to the Charter and ordi-
nances of the City of Beaumont and all future charters and
ordinances that may be passed thereunder.
Section 8.
As reasonable compensation for the rights andprivileges
granted by this ordinance, Beaumont Wharf and Terminal Company
agrees and obligates itself and its successors and assigns to
pay to the City ofBeaumont on or before the first day of June
of each year after the taking effect of this ordinance, the sum
of Twenty -Five Dollars ($25.00)
#3.
This ordinance
passage, filing of
period of Ten Years
in said ordinance,
Section 9.
shall go into effect from and after its
the acceptance, and shall continue for a
(10), unless annulled sooner as provided
Passed by the affirmative vote of all members of the City
Commission, this the 2 0 tI, day A. D. 1932.
M A °'R, City,/of Beaumont, Texas.
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