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HomeMy WebLinkAboutORD 60-JGRANTING TO THE TEXARKANA & FORT SMITH RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD, CONSTRUCT AND OPERATE AN INDUSTRY TRACK, BREAKING OUT OF THE EASTERLY SIDE OF THE RAILWAY COMPANY'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 RAIL- ROAD 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 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 PRIVI- LEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY THE TEXAR- KANA & 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 FINAL PASSAGE AND PUBLICATION OF THIS ORDINANCE; ALSO PROVIDING THAT TEXARKANA & FORT SMITH RAILWAY COT41PANY SHALL PAY TO THE CITY OF BEAUMONT, ANNUALLY, ON THE FIRST DAY OF JULY OF EACH YEAR, TIE SUM OF TWENTY-FIVE AND NO1lOO 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 OFTEN (10) YEARS: 9._._. - 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 gaugerailroad track breaking out of the easterly side of the Railway Company'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 Rail- road 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 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 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 __ente_rprises 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, 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 . LUtY Engineer, � � Vrt f e /6—T q_-19 3.3 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 completes 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 a-11 members of the City Commission, this the J� tM day of 'march A. D. 1933'0 MA R, it of eaumont, Texas. Approved as to form: Assistant City Attorney.