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HomeMy WebLinkAboutORD 45-J;it En AN ORDINANCE GRANTING TO THE BEAUMONT WHARF & 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 FRANKLIN STREET AND TO OPERATE ITS TRAINS AND CARS THEREON,FOR TEN YEARS; SAID SIDE OR SWITCH TRACK TO BE- GIN AT A POINT NEAR WHERE THE SOUTHERN BOUNDARY LINE OF THE RIGHT OF WAY OF THE BEAUMONT WHARF & TERMINAL COMPANY INTER- SECTS THE( NORTHWESTERLY LINE OF FRANKLIN STREET; THENCE IN A SOUTHEASTERLY DIRECTION,,ACROSS SAID FRANKLIN STREET, AS SHOWN BY RED LINE ON BLUE PRINT HERETO ATTACHED, MARKED EXHIBIT «A" AND MADE'A PART OF THIS ORDINANCE; PROVIDING FURTHER THAT THE SAID BEAUMONT WHARF '& TERMINAL COMPANY, ITS SUCCESSORS AND ASSIGN,S, SHALL PAY TO THE CITY 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 FRAN- CHISE THEREBY GRANTED, AND PROVIDING FURTHER THAT SAID 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 YEARS; BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1. ' That the Beaumont Wharf & Terminal Company, its successors and assigns, is hereby granted the right and privilege to con-. struct, lay and maintain over and across Franklin Street in the City of Beaumont a side or switch tract of standard gauge and,to operate its trains and cars thereon for a period of ten years, said side or switch track beginning ata point near where the southern boundary line of the right of way of the Beaumont Wharf & Terminal Company intersects the, northwesterly line of Franklin Street;, thence in a southeasterly direction across Franklin Street to'a point in the southeasterly line of said street, which is also the northwesterly property line of the property of the United Gas Public Service Company, as more fully shown by red line of blue print hereto attached and marked Exhibit c'A" and made a part of this ordinance. Section 2. The side or switch track constructed under this ordinance shall be used only as an industrial track; that is, for the pur- pose 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. #2• No cars of of said switch of Beaumont, Section 3. any kind.shall be allowed to stand on the portion track which is in the public streets of the City 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 to collect the costs thereof from the.grantee herein. . Section 50 The foregoing rights and privileges are granted upon the -ex- press 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 wbitten acceptance of this ordinance. Section 6. 0 This ordinance is passed subjectLthe Charter and ordinances of the City of Beaumont, and all future charters and ordinances that may be passed thereunder. Section 7. As reasonable compensation: for the -rights and privileges granted by this ordinance, Beaumont Wharf & Terminal Company agrres-and obligates itself and its successors and assigns to pay to the City of Beaunont on or berme the first day of June of each year after the taking effect of this ordinance, the sum of ,Twenty®five Dollars ($25.00) Section S. This ordinance shall go into effect from and after its passage, filing of the acceptance, and shall continue for a period of Ten Years (10), unless annulled sooner as provided in said ordinance. Passed by the affirmative vote of all members of the City Commission, this the 2p h day of DSC C7�7bef A. D. 1932. MAWR, City of Beaumont, Taxas. GALVESTON, TEAS, Dec. 31st, 1932 To the Honorable Mayor and Board of Commissioners of the CITY OF BEAUMONT, TEXAS. The BEAUMONT ?WHARF AND TERMUNAL COT%T.ANY hereby signifies and files in writing its acceptance of an ordinance passed by your honorable body on the 20th day of December, 1932, and enrolled in the Minutes of Ordinances of the City of Beaumont in Volume 6, page 998, granting said Company, its successors and assigns, the right and privilege to construct, lay end maintain a side or switch track of standard gauge over and across Franklin Street and to operate its trains and cars thereon for ten years; said side or switch track to begin at a point near where the southern boundary line of the right of,way of the Beaumont Wharf and Terminal Company intersects the Northwesterly line of Frank- lin Street; thence in a Southeasterly direction across said Franklin Street, as shown by red line on blue print attached to said ordinance and made a part thereof; and said Terminal Company acknowledges itself bound by the terms, conditions and provisions of said ordinance. BE,ATdC By