HomeMy WebLinkAboutORD 2-A-2MEAS., by Ordinance duly passed on the qday of April,
A.B.,1898, the Reaup_iont Wharf ec Terminal Company, its successors and
assigns, were given t? -e priviledge, right and joint use of Austin
Street, in the City of Beaulaont,Tehas, to construct its railroad
track upon, and along said Austin Street in the said City, and
Whereas, the privilege, right and joint use of Austin
Street as aforesaid, was granted upon tete following conditions, to-i°rt
-- --- - -- ---- -- ' - lst .
Tha` the said �rrharf & Terminal Company, its successors or
assigns should construct and maintain suitable ditchesand culverts,
when necessary for th4- purpose of properly draining the said street,
and should construct and maintain wagon., or road crossings at the
crossings of all streets, 'and keep the said street in such condition
YA-V
as to interfeav as little as practicable with public traffidc and
travel thereon.
2nd.
That the said Beaur_�ont Vharf €c Terrzinal Company, its suc-�
cessers and assigns, shol.ild construct and maintain its railroad so
as to keep the sane at a grade or level with the street, so as tb
obstruct the use of the street by the public as little as possible,
and,
Whereas, tle Feaumont Vniarf & Terminal Company, and its
assignee, the C.C. & S. F. R. R. Company, have violated 'note, of said
conditions, and have failed',and refused to construct suitable drains
and ditchesin, upon anti',-- OnC +hat portion of Austin street occu-
pied by it's railroad trach, znd have also failed to keep its trach
with the carie grade or le�rt'1 Witj' t -';--,e street, but have so construct-
ed the said track that it is elevated on an average of about four
':he _level of said streets_ all of which has i.nter_"'eared_
?Frith the dre-:linage, ajid has resulted in causing pools of watt -r to
collect on said Austin Street, which become stagnated, and which -are
no,:�r threat ening, an, j-'endanp-ering the health of the cit izeils living,
with the drainage, and has resulted in causing, pools Of wat(�r -to
collect on said Austin Street, which become stagnated, and which -&re
noes threat en ii�g 2.a-.nd. endan,,rer ing the health of the citizens Living.
on said street, and,
Whereas., by. reason of the elevation of the track, the im-
proper drainage and the collection of pools of water, great holes
been
have `rrorn in said street. until now it is dangerous and unsafe for
H
i 7 C rjL,
G 7.:
7:: G
C G r
c: T
j
F T
ri 1 i
J, C.
7 1 1
_C
J
j r)
2 C
�.c -_: c es to be d,"iven tr.lon _end alonFthp said street, and the said
an d,
so far as public travel is concerned, is practically useless,
Vhereas , the said Reaiunont 'Ziarf & Terminal Company, and
its assignee, th— G. C. & S. F. R.R.CV.1pan-,, h_).ve failed and refused.
to co nt)ly with an ord inance I�ereto adopted for ; he ir_Zprovement and
pm-ement of said street, now,
Therefo.•e, Fe It Resolved, Tilat all rights, privileges
and uses granted the said Beaumont Kiarf &; Terminal Cmpany, or its
assignee, the G. C. S. F. R. R. C(:-mpanyr, -in and upon Austin Street
are declared forfeited and of no further force and effect, and that
the said railroad track, in and upon Austin Street is hereby de-
clared a public nuisance, and the ?Iayor is instructed to have ,he
railroad track removed at once; provided, that if the said Beatunont
Viarf & Terr2inal Com-parn , er its assignee, the G. C. & S. F.R. Ron-
pany, shall within ten days from the passage of the resolution, com-
ply in all respects wit11 the Ordinance heretofore adopted for the
improvingand pavinFr, of said Austin Street, and enter into a writ-
ten
rit-ten obligation to _pay it s prod ,ta- of. the cost of- improving and -I av-
ing said Austin Street, thenthisresolution to be void, otherwise
to be in full force and effect.
Q�