HomeMy WebLinkAboutORD 59-JGRANTING TO THE TEXARKANA & FORT SMITH RAILWAY COMPANY,
ITS SUCCESSORS AND ASSIGNS, .THE RIGHT TO BUILD, CONSTRUCT, AND
OPERATE AN INDUSTRY TRACK, BREAKING OUT ON THE NORTHERLY SII
OF THE RAILWAY COMPANYIS PRESENT MAIN TRACK IN GILBERT STREET
NEAR THE EAST LINE OF TRINITY STREET AND EXTENDING NORTHEASTERLY
IN GILBERT_ STREET' AND .A„CRO_.S__NEGHES STREET TO THE SOUTHWESTERLY -
LINE OF LOT NUMBER 384, BLOCK 55 OF THE ORIGINAL TOIN OF BEAU-
MONT, APPROXIMATELY FIVE (5) FEET NORTHWESTERLY FROM THE SOUTH-
WESTERLY CORNER OF SAID LOT IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS; PROVIDING ALSO THAT SAID TRACK IS, AND SHALL BE
USED ONLY AS AN INDUSTRY TRACK, AND PROVIDING FURTHER THAT THE
RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING
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 TWELVE (12) MONTHS AFTER THE FIN-
AL PASSAGE AND PUBLICATION OF THIS ORDINANCE; 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 FRANCHISE HEREBY GRANTED; ALSO
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 FOR A PERIOD OF TEN (10) YEARS:
BE IT ORDAINED BY THE CITY COMMISSION 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, build.,
construct, maintain and operate, at its own expense, a standard
gauge railroad track breaking out on.the northerly side of the
railway company's present main track in Gilbert street near the
east line of Trinity Street and extending northeasterly in Gilbert
Street and across Neches Street to the southeasterly line of Lot
Number 384, Block 55 of the Original Town of Beaumont, approximate-
ly five (5) feet northwesterly from the southwesterly corner of
said lot 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.
The track to be laid, built, constructed, maintained and
operated tinder 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 fatuities to commercial
and industrial enterprises now located or hereafter to be located
in the vicinity of said track. No cars of any kind shall be allow-
ed to stand on that portion of said track which is in any public
street ( not.including alleys) of the City of Beaumont.
Section 3.
That the said Texarkana & Fort Smith Railway Company shall
be -required, at its own. expense, to keep the streets over which
said track is constructed properly drained insofar as the drain-
age thereof may be interferred with by the tracks, embankments or
other structures constructed under this franchise, and shall, at
its own expense, construct and maintain good and sufficient cross-
ings at the intersections of all streets crossed by said railroad
tracks, with easy approaches thereto, under the direction of the
Cites gineer.
3-/�L_/190
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 accept-
ance of this ordinance.
Section 5,
Unless the Texarkana & Fort Smith Railway Company, its
successors and assigns, shall construct, build, lay and complete,
for the purpose of operating the track herein contemplated with-
in 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 this
ordinance, the sum of Twenty -Five and No/100 Dollars (25.00) with
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 there-
of to the grantee, its successors or 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 or assigns, shall
remove from the public streets and alleys the rails, ties and
other materials in such track.
Passed by the affirmative vote of all members of the' City
Commission, this the / X_thday of 7#a rc, j7 A. D. 1933.
7t, fl
MAYOR, City of Beaumont, Texas.
Approved as to form:
Assistant City Attorney