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Home My WebLink AboutORD 58-JITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD, CONSTRUCT AND OPERATE AN INDUSTRY TRACK, BREAKING OUT ON THE SOUTHERLY SIDE OF THE RAILWAY COMPANY'S NORTH LEG OF WYE TRACK AT A POINT EAST OF HOLMES AVENUE AND RUNNING WESTERLY ACROSS HOLMES AVENUE ON A CURVE TO THE RIGHT INTERSECTING THE NORTHERLY LINE OF GILBERT STREET TWENTY-EIGHT (28) FEET, MORE OR LESS, WESTERLY FROM THE WEST LINE OF HOLMES AVENUE, AND RUNNING THEN ON PRIVATE PROPERTY IN A NORTH[',TESTERLY DIRECTION TO, AND EXTENDING INTO RAILROAD AVE- NUE FIVE (5) FEET, MORE OR LESS, TO CONNECT WITH SAID NORTH LEG OF 'AAE TRACK IN THE CITY OF BEAUMONT3 JEFFERSON COMITY, TEXAS; AND PROVIDING FURTHER THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN UVRITING BY THE TEXARKANA & FORT SMITH RAILWAY COMPANY WITHIN THIRTY (30) DAYS AFTER PASSAGE AND APPROVAL OF THIS ORDINANCE,(AND THAT SAID TRACK SHALL BE COMPLETED ,WITHIN TtiIJELVE (12) MONTHS AFTER THE FILIAL PASSAGE AND PUBLICATION OF THIS ORDI- NANCE;)ALSO PROVIDING THAT TEXARKANA & FORT SMITH RAILWAY COMPANY SHALL PAY TO THE CITY OF BEAUMONT, ANNUALLY, ON THE FIRST DAY OF JULY OF EACH YEAR THE SUM OF TWENTY-FIVE AND N0/100 DOLLARS ($25.00), AS REASONABLE COMPENSATION FOR THE PRIVILEGE AND FRAN- CHISE HEREBY GRANTED; ALSO PROVIDING FURTHER THAT TIE FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CITY CHARTER OF THE CITY OF BEAUMONT, AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS: BE IT ORDAINED BY THE CITY CG IMISSION OF THE CITY OF BEAUMONT: Section 1. Texarkana & Fort Smith Railway Company, its successors and assigns, are hereby granted the right and franchise to lay, buil __d, construct, maintain and operate, at its own. expense, a standard gauge railroad track breaking out on the southerly side of the Railway Company's north leg of Wye Track at a point east of Holmes Avenue and running westerly across Holmes Avenue on a curve to the right intersecting the northerly line of Gilbert Street twenty-eight (28) feet, more or less, westerly from the west line of Holmes Avenue, and running then on private property in a northwesterly direction to and extending into Railroad Avenue five (5) feet, more or less, to connect with said north leg of Wye Track in the City of Beaumont, Jefferson County, Texas; and. the right to maintain same and to operate cars thereon for a period of ten (10) years. Section 2. No" cars of any kind shall be allowed to stand on that portion of said track which is in any Qubli'c �5treet (not including alleys), -tn the City of Beaumont. Section 3. That the said Texarkana & Fort Smith Railway Company shall beirequired, at its own expense, to keep the streets over 7ti=--which said track is constructed properly drained insofar as the drainage thereof may be interferred with by the tracks, embank- ments or other structures constructed under this franchise, and shall, at its own expense, construct and maintain_ good and sufi`icient crossings at the intersections of all streets crossed by said railroad tracks, with easy approaches thereto, under the direction of the.City Engineer. 3-1 CI31a I 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. Unless the Texarkana & Fort Smith Railway Company, its successors and assigns, shall cm.struct, build, lay and complete, for the purpose of operating the track herein contemplated 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 therein 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 terms hereof. Section 7. As a condition_ of maintaining in force the rights and privileges granted by this ordinance, the grantee, its successors and assigns, shall pay to the City of Beaumont on or before the first day of July of each year after the taking effect of h)swith ordinance, the sum of Twenty-five Twenty-five and Nl o/100 Dollars ( gip _ respect to the track.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 hereof to the grantee, its successors and assigns, the rights and privi- leges herein granted with respect to the track as to Which such default may exist shall cease and. determine, and within ninety days thereafter the grantee herein, its successors and assigns, shall remove from the public streets andalleys the rails, ties and other materials in such track. Passed by the affirmative vote of all members of the City Commission, this the l ft�day of 7narr_h A. D. 1933. Y/__ , CI OF BEAUMONT , 'Ei�AS.S. Approved as to form: Assistant City Attorney. TEXARKANA AND FT. SMITH RY. CO. B EAU M O NT, TEXAS G. P. WILLIAMS ASSISTANT TO PRESIDENT Mr. Raymond Edmonds, City Clerk, City of Beaumont, Beaumont, Texas. Dear Sir: April 11, 1933 City Manager Millard has furnished me certified copies of three ord- inances passed by the City Commission of Beaumont on March 14, 19339 and signed by Mayor Fletcher, granting to the Texarkana & Fort 'Smith Railway Company, its successors and assigns, the right to build, construct, and operate industry tracks, in Beaumont, as follows; (1) Breaking out on the northerly side of the railway com- pany's present main track in Gilbert Street near the east line of Trinity 'Street and extending northeasterly in Gilbert atreet and across Neches .Street to the southwesterly line of Lot Number 384, Block 55 of the original Town of Beaumont, approximately five (5) feet northwesterly from the southwesterly corner of said lot. (2) Breaking out on the southerly side of the railway eom.. pa.ny's north leg of wye track at a point east of Holmes Avenue and running w eat erly across Holmes .Avenue on a curve to the right inter- secting the northerly line of Gilbert Street twenty-eight (28) feet, more or less, westerly from the wrest line of Holmes Avenue, and run- ning then on private property in a northwesterly direction to, and extending into Railroad Avenue five (5) feet, more or less, to connect with said north leg of wye track, (3) Breaking out of the easterly side of the railway com- pany's industrial track in Railroad Avenue one hundred thirty (130) feet, more or less, north of the north line of Forsythe -Street; thence extending northerly along Railroad Avenue and across Fannin Street to a point five (5) feet, more or less, east of the northeast corner of Fannin Street and Railroad Avenue. in line with the provisions of Zection 4 of each of the above-mentioned ordinances, we hereby accept for the Texarkana & Fort Smith Railway Company the three ordinances as passed and approved, Very truly yours, Auric. 14,.3 Texarkana & Ft. b-.zth i-ly. CO. a Bewunont2 Tees }' g Gentlemen; V a acknowledge receipt of accept�mce Texarkana three ordinances grz-iiti ng �'rc-,u:Lc�,i+s�es`�i� the 1ex`Gi.L��1ana & Ft. Smith .�-L��.L W�.;y \.rU!�.S 'moi C_��J i' ..L`t:�i�.�..'E: �. by the City Cordruisslon, of the City ok Beaumont on Maroh 14, IN 3. ` `.Lk)ur s Very t?''u sy s City `ler x;58 -L