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Home My WebLink AboutORD 22-LAN- ORDINANCE GRANTING TO GUY A', THOMPSON, TRUSTEE, BEAUMO11T SO'UR , LAKE & WESTERN RAILWAY CONIPANY, DEBTOR, THE RIGHT., PRIVILEGE AND FRAN- CHISE OF CONSTRUCTING, MAINTAINING AND OPERATING A CERTAIN RAIL ROAD TRACK ACROSS AND OVER VICTORIA AVENUE IN THE CITY OF BEAUMONT, TEXAS, AND ALONG ' BOWIE STREET IN SAID CITY, PRESCRIBING THE TERMS AND CONDITIONS OF SAID RIGH`.P, PRIVILEGE'AND FRANCHISE; REQUIRING AN ANIMAL PAYMENT TO THE CITY FOR SUCH. PRIVILEGE,. AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE . CITY COMMISSION OF THE CITY OF BEAUMONT, "TEXAS.: Section 1. That the right,. privilege and franchise be and the same is hereby granted to Guy A. Thompson, Trustee, Beaumont, Sour.Lake & Western Rail -way Company, Debtor. (as such. Trustee and not in- dividually),, his.successors, assigns, lessees, licensees and in- vitees, to construct and thereafter to maintain, repair, operate and'use a certain railway industrial or house track upon and a- cross Victoria Avenue in the City of Beaumont, Texas,and upon, -over and along Bowie Street .in said .City of -Beaumont, Texas, said track to be- located -as, follows: Beginning at a point'in the centerline of exist- ing-,-track xist-ing -track located in' Bowie Street;, said point. being - - approximately 60 feet .distant- southwesterly along the center line -of said track --from its intersection with the southwest line :of. Victoria -Avenue; Thence northeasterly along Bowie, Street "and over and - across Victoria - Avenue "'a. distance .of ; 360 feet _. to a -point which is approximately.. 60 _feet southwest-. of the southwesterly line of -Railroad Avenue; Said track to -be- located 82 feet from the block line of Block No. 56 in Bowie Street so as ,.to' be six feet.inside the curb line of said block. Section 2. The ordinance is -granted- for the purpose, of reaching and affording -railway facilities, connections, and loading and switching privileges -to owners.or users of industrial plants-- or business -.enterprises, located near or in the vicinity of said tracks as same are .to- be situated upon the- location hereinabove set- forth: 0 Section 3. That said railway track above mentioned may be.used by the trains, engines and cars owned or operated by the said .Guy A. Thompson, Trustee, Beaumont, Sour Lake &Western Railway Comp- any, Debtor, his successors, assigns, licensees and invitees; and such -trains, engines -and cars shall be so operated thereover as not to interfere unreasonably with public travel upon, along or across -the streets occupied thereby or any portion thereof; and except so far as may be, reasonably ;necessary in the switching, movement, storage- and handling of, cars,: the said streets shall be kept clear,and no cars shall be :permitted to'remain standing on such streets except as aforesaid. Section. 4. That the said Trustee shall,at his own expense- install, maintain and keep in repair'all ditches, drains and culverts made necessary, for the proper drainage of said streets by the construction'of said track; -and -Will at his own expense repair and' replace in its condition as ,immediately before the installa- tion of said track that part of said streets over, across, upon and along which said track maybe installed. Section 5. The said Guy A. Thompson, Trustee, Beaumont, Sour Lake &Western Railway Company, Debtor, agrees that he, his successors and assigns, will pay to the City of. Beaumont annually the sum of Twenty five &. No/100' (025.00) Dollars per -.year in advance for the right, privilege and franchise granted herein. Section 6. Upon the passage, approval and acceptance of this ordin- ance the, same shall become and thereafter be a .contract legally binding between the City of Beaumont and the said Trustee. Section. 7. The fact that there are a number of concerns needing the facilities of this switch and that the said concerns have no rail- road accommodations permitting them to operate their business, and em d ,ORD�� GRANTING TO �3r A. R� CE & ��'ESTERN �_Or7PSON CHTSI OF RAILWAY COMPANY, DEB TRUST ', TRUSTrE� BE�ii3�t�QNT ROAD TRA CONSTRUCTING s 1HE; P,TGIiT s SOUR E ACROSS A '2NTAINING AND PRIVILEGE AND Ind_ T -"`Ss Ai�iD ALONG AND OVER VICTORIA OPZR2 TING, A CERT AND CONDI TIONS B06"dIF STREET TN g n AVET3UE IN THE CITY AIN RAIL_ AN ANNUAL i'ONS OF SAID RIGHT, PRT AID CITY; PRESCRIBING OF BEAUIviONTs AN EZRGR-TCY. BENT TO THE CITY FORVILEGE IdD FRATvcj- Ij �B. THE 1��iS SUCH P LEGE, RE"NIRI.NG � ��TD DECLARING BE IT ORDAINED BY TH.E CITY COl"SlIS SIGN OF T-Ul CITY OF BE'AUAjONT, TEXAS: Section 1 That the right, .privilege and franchise be hereby granted to Guy A. and the s 'hOMD son same i s � I`- stern s Trustee, Beaumont n Railway Companya Debtor (as s -1 Sour Lake di vidual l uch .trustee and not in_ Y�.� his successors' assigns} les vitees;-to construct sees, licensees and and thereafter to in_ and use a Certainmaintain, repay, p ate railway industrial o s o er Victoria r house track Avenue in the C upon and city of Bea .caro ss and alon • union t, Texas g Bowie .Street " and upon, over in said City of Beaumont, Texas to be located as follows: track said Ingtrackin the center line aPProglmatel in Bowie ,Street, of exist - app 60 feet distant south vesterlint being the center line of said track f v"th the southwest line of Victoriaits y along intersection nue; Whence northeasterly along and across Victoria Avenue distance Street and over a point Qwest is aPPraximatelvi60afeeto southwest feet to the southt��esterly line of Railroad Avenue; of - ariue ; Said track to be located 8 feet f line of �6 in B Block No. rom the block six feet in the curowie Street so as to b b line of said block. e Section 2 The ordinance is granted affording railway facilitfor the purpose of reaching and ies, connections, and loading and Switchi-ng privileges to Owners or users of industrial plants or business. enterprises, located near or in the vicinity of said tracks as, SpMe e.re to be situated upon the location hereinabove set feth. I Section 3 That sa.i d. railmay tra c,,: abo. re the trains �?eratiar.ed.:2ay be used by s engines and car s d or operat .� :� ® Thorp son ed by she said COY. , trustees 3�a"�amont� "'o�ar i,alte ��; y�'estc�rn R Debtor his successors a�-14r��Y Oo,�2�axzy: assi ��n.s, licensees es and in�rj,--- h trains, engines s, and and cars shall be not to so operated thereover as interfere unreasonably ?vi th Public travel across the streets el up°na along" or o c cup x ed tl�� e 7,eb except so w . . y or anY .)ortion thEr �� r s naY b e r easo a e°f s and n bly necessary i_tI the` stiritch r� . �oveznent, story . ge and ha.ndlin .Ise t c g °�' cars the p leas �, ' said streets shall. be a"ad sio cars --hall be pe?-Mitted to remain such streets except as aforesaid. scan _jnC. Section , • That the said Trustee. shP;j at his a.intain and neap i r s own expense install, n epair 811 ditches made , drains. and culverts ulvc,rt- necessary for the s propor drainage of said streets b construction of said trach. Y the and ��ll at his o�n expense repay;, and replace in its - ccndition as iruraed;atelY before the install tion of said track that part of sa'/� - , a - b Gre °ve?' end along , 4Cr° SS, upon Which said. track nay be installed. 'Section 5 The said GUY A. Thompson, mrustee 13e 8 tiVestern p, aulmont, Sour Lake ailTray CO?npaYn$ Debtors agrees that he, his succes and assigns , Will pax to the City OfBcat��ont 3sors nauall3T the sum -Of�,Tenty-Five no (25.0(3) Do.?lars per Year in advance for the r�,ht, privilege and franchise granted hereiLr. section 6 Upon the passage. approval and acceptance of this o , the sane shall becomle and thereafter be a rdiiiance contract legally binding between the City of Beats -Mont and the said T:L-Ustee. Section 7 The fact that there are a rstznber of .concerns needing facilities of this sijvitch and that the said concerns e have no 'railroad accomodations permitting them to operate their business, and j � R the public demands being such cis "to require immediate construction of said track, creates an imperative public necessity; necessitating the suspension of the rule requiring ordinances to be read on three (3) several days before their passage, said rule is therefore here- by suspended anal this 'ordinance shall take effect and be in full force froni and after its lavr-rul passage. PASSED by an affi rrza t ive vote of all members of the City Commission, this the 15th day of June, A. D. -1137. P. D. RnfFPO' Mlayo r . STATE OF TMS COUNTY OF'JEFFERSON j GUY A. THOMPSON- TRUSTEEA Beaumont, Sour Sake & Western. Railway Company, Debtor, hereby accepts the terms and conditions of that .certain ordinance of the City of Beaumont_, Texas, entitled.; "An Ordinance granting to Guy A. Thompson, Trustee, Beaumont, Sour' Lake & Western Railway Company, Debtor, the right, privilege and franchise of construct- ing9 maintaining and operating a certain railroad track across and over Victoria Avenue 'in the City of Beaumont, Texas, and along Bowie Street in said City; Prescribing. the terms and -conditions- of said right, privilege and franchise; Requir.iri'g-an annual payment' to the City for such privilege, and declaring an emergency.11 the same having been pas=sed and approved on the 15th day of June, A. D. 1937. IN T:ESTJNONY WHEREOF, said Trustee, acting herein by H. R* Safford, his duly authorized Senior Executive Assistants has hereunto set his hard on this % day of June, Ao D, 1937. GUY A. T ROMPS ON, TRUSTEE, BEAUMONT, S OUR LAKE & WESTERN RAILWAY. COMPANY, DEBTOR,