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Home My WebLink AboutORD 36-Lc - 93 t J rr1' AN ORDI1?ANCE ; GRANTING TO TFE TEXAS AND 19ELY ORLEANS RAIT,U:?D CO.I+-_1PM.T ITS SUCCESSORS- AND ASSIGNS, THE RIGHT TO BUILD, CONSTRUCT AND OPERATE, AIM CONTIl;�JE TO OPERATE, AN II\!i�USTRY TRACK IN AND ALONG PINE STREET AND ON OR NEAR THE EAST LI1\1E THEREOF, UPON AND; ACROSS LOUISIANA AVEME AND IN, UPON AND ALONG LAVACA STREET, AND UPON AND ACROSS CITY WATER WORR8 PROPERTY, AS SHOWN ON ATTACHED RLITE PRIT�T; WHI-GiTi TRACTS SIiALL BE USED ONLY SAS AN INDUSTRY TRACY,,,I=CH RIGHTS SHALL BE ACCEPTED BY SAID C01/a'A1-1Y ,IN TN?RTY(30) DAYS AFTER PASSAGE NEREOF`, AND -PROVIDING Th A T THIS GRANT SHALL BE FOR TI -1.1; PERIOD. OF THIRTY FIVE YE.ARJS FROMi .THE PASSAGE !=EOF AND REPEALDTTG ORDIIIANCE DATED OCTOBER 32 1933; GRANTING .A F'RANC11 ISE FOR TIS CONSTRUCTION, iWAINTEI\7ANCE AMD OP12LTION OF AN INDUSTRY TRACK ITT. LAVACA STREET, AND PROVIDING THAT TI1TIS' FRANCHISE IS SUBJECT TO ALL '1'I -IE TER1•r-' AI1D CONDITIONS OF TEE BEAUMOET CITY ChrARTIM. WEEREAS, the Texas and New Orleans Railroad Company has heretofore: constructed and' now maintains, an industry track, extending in a.Iort.herly direction from its 'main track, frr)rr a point near the Neches. Rilver, to and beyond theJuater Plant of the City of Beaumont, located 1i1or.th of Louisiana Avenue.,, and adjacent to Lavace Street; and AMREAS�, it has become necessary that anew right. of. vay be provided for the.. portion 'of said spur track which is now located on the property formerly belonging 'to . the Sabine Tram Company, or the portjion of said spur track lying. ITorth of the. International. Creosote Companyt s property will -be removed; and tiTIUREAS, it is to the best interest'of the. City of Beaumont that its water plant be provld-ed 'rr.ith track service and --that: the City cooperate with the'_Texas and New Orleans Railroad Cora-pany in securing a new right of way for a port ion of said : track by, consenting to its relocation in Pine Street and by. the granting of a` Franc•his.e therefor; NO1`!, 1HEREFORE, BE IT' ORDAIINED BY, THE'. CITY, C01-1127-EsSION OY THE CITY OF BEAIMMOI\T , ` T_y 4S . . SECTION 1. The Texas and Mew Orleans, Railroad 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 over �an d along, in.; :upon and across certain streets in the City of Beaumont, in the location described as follows: Beginning; at .a. point on ..said spur track,as now located, approximately one hundred f ifty (150) feet southerly from the southerly line of Concord Road; Thence northerly, in and along .Pine Street,on or near, the East line, thereof, upon and across. Louisiana Avenue,and in, upon and along Lavaca Street, and upon and across the City ,71ater. Works t property,,•t.o the property of, the Neches Lumber Company, or assigns, all ,as shown by red line on map hereto attached and made a part hereof. SECTION 2. The.track to be laid, built, constructed,maintained,and operated under this Ordinance, shall be used only as. an industrial track, that is, for loading, unloading and switching facilities to commercial and industrial enter-orises now or hereafter located in the vicinity of said track. SECTION 3. The Texas and lien' Orleans Railroad Company shall, at' its own expense, construct, and mainjain suitable ditches and culverts for the ,w_ —�-purpose of properly drainink all streets and alleys along and over 1 which said trackage is authorized to- be laid, in so 'far as the drain- age thereof may be interfeijedf with by such tracks, emban4ents, or other structures hereby authorized, and shall, at. its own expense, whenever required to' do so by the City of, Beaumont, pave bettiieen the rails of said -track and for a .distance of two (2)• feet on each side thereof,where the. same is in the paved portion of any Street, and eonstru'ct and maintain, at its own expense, at any .time desired by the: City of Beaumont; good and sufficient crossings. at intersections of all streets crossed thereby,, with easy -approaches thereof, which crossings, approaches, pavements, etc., shall'be done under ' the di- rection of 'the City Engineer. SECTIOIT 4. • The foregoing rights and privileges are granted upon the. -ex- pressed 'condition heaex- pressed'condition that the.Gr.antee shall.within thirty (30) days. after passage and approval of thin Ordinance, file with the Clerk of the: City of Beaumont. its written acceptance hereof. SECTION % This. Ordinance . and the rights and. privileges herein granted are subject- to all .the terms., provisions and conditions of the Charter of the. City of Beaumont., and said privileges and, franchiseshireby grant ed shall continue in for ce for a period of th irty f ive (35) years from ,and after the date of acceptance hereof and upon the: conditions herein stated. SECTION 6•; . Ordinance, passed by the City Commiss iom, of the City of. Beaumont ,on the. 3rd day :of , October, 1,933; , entitled: "GRANTING TO THE TEXAS AND NEW ORLEANS RAILROAD 0010, ANY,, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO BUILD, CONSTRUCT AND OPERATE OR TO CONTINUE TO OPERATE MS PRESENT INDUSTRY TRACK OVER AND ALONG LAVACA STREET AT LOUISIANA STREET, AS SHOWN, ON ATTACHED BLUE PRINT-, WHICH TRACK SHALL BE USED ONLY AS AN INDUSTRY TRACK, WHICH RIGHTS SHA LL BE ACCEPTED BY SAID COMIPANY IN THIRTY (30) DAYS AFTER PASSAGE HEREOF, AND ..PROVIDING ,THAT FAILURE TO . CONSTRUCT THE TRACK of ITHIN •THREE (3) MONTHS .HEREAFTER OR •:FAILURE TO USE IT -M . SAME FOR A PERIOD OF SIX `(6) . MONTHS SHALL TERMINATE THIS - GRANT; ALSO PROVIDING THAT THIS' GRANT- SHALL BE FOR.THE PERIOD OF TEN(10) YEARS FROM THE.; PASSAGE HEREOF, ARD THAT THE GRANTEE SHALL PAY TO THC CITY OF BEAU[�MNT THE SUIu OF TWENTY-FIVE DOLLARS., ($25,00) UPON PASSAGE HEREOF AND TWENTY FIVE DOLLARS ($25.00) EACH YEAR ON THE FIRST DAY OF JULY DURING: THE EXISTENCE OF THIS ORDINANCE: AND PROVIDING THAT THIS 'FRANICHISE IS SUBJECT TO ALL THE TERMS AND CON- DITIONS ON- DITIONS OF THE BEAUMONT CITY CHARTER O to ,is hereby repealed' SECTION 7. This Ordinance shall take effect from and after its passage and approval by the Mayor, the lawful publication,as provided by the City Cherter of the City of. Beaumont, and the acceptance,as herein provided, by the said. Railroad Company. PASSED Co?yamiss i6n, this by an affirmative vote of all , members of the: City the �„9�� daynof,� -ac5L,,drama V A. D. 193& . A AN ORDIMANCE: ,K _ j GRUA Ti'ING TO THE TEXAS AND NE41 ORLEANS RATLRCOAD COA:PANY, ITS SUCCESSORS AND A,SSLGNS, THE RIGHT TO BUILD, CONSTRUCT AND OPERATE, AND CONTINUE TO - OPERATE, All INDUSTRY TRACK IN AND ALONG PINE, STRDET AND ON OR PEAR THE EAST LINE 1HER.EOF, UPON AND ACROSS LOUISIANA ASE AND LN, UPO1v AND ALONG LAV'ACA STREETT, AND UPON AND ACROSS CITY WATE� "KS PROPERTY, AS SHOWN ON ATTACI" D BLUE, t"'IMff, WHICH TRACK SHALL BE USED AN I IDUSTRY aRACK9 .VHICH RIGHTS MALL BE ACCEPTED BY SAID COMPANY IN THIRTY (30) DAYS AFTER PASSAGE HEREOF, AND PROVIDING THAT THIS GRANT SHALL BE FOR THE PERIOD OF THIRTY FIVEYEARS FROM THE PASSAGE HEPAF AND .REPEALING- ORDI-NA14CE " DATED OCTOBER 3, - 1933, GRANTING A FRANCHISE FOR -THE CONSTRUCTION, NAIIvMWiCE AND OPMATION OF AN INDUSTRY TRACK IN LAVACA. STIEMM, AND PROVIDING THAT THIS FRANCHISE IS SUB- JECT TO ALL THE TEP24S AND CONDITIONS OF THE BEAM1QNI' CITY CFUMTER. WHMMS, the Texas and New Orleans Railroad Company his heretofore constructed and now maintains an industry track., extending in a Northerly direction from its main track, from a point near the Neches River, to.and beyond the Water Plaint of the City of Beaumont, located North o:t' Louisiana Avenue, -and adjacent to Lavaca Street; and PEAS, it has become necessary that. e.new right -.of way be pro- vided for the portion of said spur track which is now located on the pro- perty formerly belonging to the Sabine Tram Company, or the portion of said spur track lying North of the International.Creosote Co_npanyfs pro- perty will be removed; and WHEREAS, it is to the best interest of the City of Beaumont that its water plant be provided with track service and that the City co- operate with the Texas and New Orleans.Railroad Company in securing a now right of way for a portion of said track by consenting to its' re- location in Pine Street and by the granting of_a Franchise therefor; U+tOId, THEREFORE, BE IT ORDAINED. BY ME CITY COMISSION OF THE CITY OF BEAUW1,41T, TEXAS. SFGTION 1. The Texas and New Orleans Railroad Company, its successors and assigns, are hereby granted the right and franchise to lay, build, con- stract, maintain and operate, at its own expense, a standard gauge rail- road track over and along, in, upon and across certain streets in. the City of Beaumont, in the location described as follows: 5'-1 93k Beginning at a point on said spur track-, as now located, approximately one hundred -fifty (150) feet southerly--from-the southerly li3ie of Concord Road; Thence northerly, in and elong Pine Street,,on or near the East line thereof, upon and acr'0ss',L6uisiana Avenue, and in, upon and along Lavaca-Stre-ot., and -upon and.acrost the City' ,VEiter Works' propertyp to -1J-he property of the-Neehe'S.Lumber Company, or. assigns,- a. as sho-em by red line ori map hereto* dttached and made a Dart hereof.. SECTION 2. Th he track to be.laid, built, constructed, maintained" andoperated ' under this Ordinance. shall be used -only as 'an industrial trb:ck,- thatis, for loading, unloading and awitchin- facilities to commercial and indus- trial enterprises now or hereafter located in the -vicinity- of said track. SECTION 3. The Texas and New Orleans Railroad Company shall, at its own expense, construct and maintain suitable ditches and culverts for the purpose of properly draining all streets and alleys along and over which said track- age is authorized to be laid, in so far as the drainage.thereof may be interfered with by such tracks., embankments or other structureshereby authorized, and shall, at its own expense, whenever required to do so by the City of Beaumont, pave between the rails of said track for a distance of ti, -m (,P feet on each side thereof, where the same is in the paved por- tion of any Street, and construct and maintain, at its own expense, at any time desired by the City of,Beaumont, good and sufficient crossings at intersections of all streets crossed thereby, with easy approaches thereof., which crossings, approaches,. pavements, etc., shall be done under the direction of the -City Engineer. SECTION 4. The foregoing rights and privileges are granted upon theexpreqsed condition thattheGrantee shall, within thirty (30) days after passage and approval of this Ordinance, file kth-the Clerk of the City of Beau- mont, its 'written acceptance hereof, '8 6Z •Q q$ jxo S -PP -gq.gT SIM-, `troll; -ST=wo -lq-Io eta? aQ saaquzw 'TTs Qo' egAb eAI4'-RUfXIJ:,T7? .UI Aq (Mus `a -s"dMop1aQstva. p.Tss auk Aa. `pepTa04d uleaet se . retie degas et�� . ptzs ` �otn a s� ,�o �� To ®tt�, .�o_ se qD SIO eu4- PepTAoad s*e IltzoT!ppTTgpd 2n. 8T. O'qq. "aoA]q Qqq. Aq TeAQldd-9 pus putt. moxa 498xi-g ave. 'TTB eatuuTpap sTuy •,peTaedaa _Kgeaet ST., ,OHHWTHM IMIM _ ..MolFIlbrIg M. go SHo3sIGNOD M SMMT M ,� Oil. TC 9MM SI ESIEiOKVU lv ., J ?1�Q� d (W `-HORY9100 - SIE, AO.901MIS MI "MIUM IM2 90 IM Mullf. M M ml HOW ( 00 .04) SaVTTOCI 90=1 EOVEG ie3 00694) -su aoTczoTI9-go YATO xvci -9 MMHO -M w errs 'aTOLT= a -Olt a m w®uaspa. (n o: (ro cd M. 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