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HomeMy WebLinkAboutORD 12-LInt �f z%4- 1_J 4 AN ORDINANCE' ;J AUTHORIZING THE TEXAS & NEW ORLEANS RAILROA COMPANY -TO SHIFT AND 'RECONSTRUCT CERTAIN OF ITS RAILROAD TR�1C S HERETOFORE _____MAINTAINED AND OPERATED -BY IT ACROSS MAIN STREET NEAR ITS INTER -- SECTION WITH FRANKLIN STREET IN THE CITY OF BEAUMONT; TO SUBSTI- TUTE THE NEW LOCATION OF SAID TRACKS FOR THE FORMER LOCATION AT SAID INTERSECTION WITHOUT IMPAIRING., RESTRICTING, LIIEIITING, EN- LARGING -.OR EXTENDING ANY RIGHT OF THE SAID RAILROAD COMPANY ALONG OR ACROSS SAID STREET WHEREAS., .b' an ordinance of the City of BeaumontApassed ' and approved on the 23rd . day of May, 19-33; granting to the Texas & New -Orleans Railroad.Company.the right and privilege to main- tain and_operate a"then-.,existing track across Main Street and Franklin Street from a point in the Southwest line of Block 2, approximately.forty-five (45) feet Northwest of its most Souther- ly corner to a,point in the Northeast line of Block 8 near its North corner, as shown by white and broken yellow lines.'.on the attached map and plat;.and, WHEREAS, the Texas & New Orleans.Railroad Company did on the 4th of December, 1936; desire and request the right from the City of Beaumont to construct an extension to said track to serve property in said Block 8 and represented that to properly -do so, it would-be necessary to slightly shift -sixty-two (62) feet of said track in -Main and Franklin Streets from the position shown by the broken yellow -line on the . attached map to the position in - die - ated ndicated by the red line on the attached map, said track in its. new location to enter Block 8 and leave Franklin Street ata point -approximately 1.75 feet Southwesterly frond the North _corner of said Block 8; and, WHEREAS, it is' the desire and.intention of the City Commi- ssion bf.the City -of Beaumont to grant -said, request: NOW,. THEREFORE, BE.IT ORDAINED.BY THE CITY COM- MISSION OF THE CITY OF BEAUMONT,TEXAS: . Section 1 That the Texas-& New Orleans Railroad Company be granted the right, privilege and franchise to shift said track from -the position it now occupies;'to-wit, from,a point in the Southwest line of Block 2 approximately forty-five (45 ),. feet Northwest- of its most Southerly corner to a point in the -Northeast line of- Blo6:k`8 near its North corner,as shown -by -white and broken -yellow - lines on the attached map -and plat, to the new location desired, to -wit, from the existing position shown'by the broken yellow line -to that indicated .by the. red 'line on the" accompanying map and plat, the track in its new location to.branch off near the middle of Main Street and going in a Southwesterly direction entering Block 8 and leaving Franklin Street at a point approxi mately 1.75, feet Southwesterly from the North corner; �of, said: Block.-8-, the old location of said track being indicated by the broken 'ye-llow: line- and the new location being indicated by_ the broken' red line 'on - the 'map' .attached hereto-and marked Exhibit,` "Alf .as a part of this ordinance. - Section 2 - All the r-ights.heretofore existing in said railroad comp-_ any shall--continue with respect to said-trackage, save and except the re-location herein made. _ Section 3.- This .ordinance : shall. take effect from and of ter its. passage and approval of., the 19ayor'the., lawful publication as. provided by the City Charter. of_ the City of- Beaumont and the acceptance of the said railroad company,. it being understood that the said railroad compainy shall within. thirty_ '( 30) days after the passage and approval:; 'file with the City Clerk its written. acceptance :of all the ;terms and provisions of this ordina- hee - the written . request or the Texas& New .Orleans -Rail- . = -road Company for said change . dated ,the 4th of December; ;1936, accompanied-by the.map+referred .to herein, is attached to and made a,-part of . this ordinanc-e. PASSED by an 'affirmative.vote-of all members.of the City .° Xd- Coiianiss11ion, this the ` `day of , A'.' D. 1937 . �APPROV 'by the Texas & NeIrJ Or�.eans_r Rairlroad Company;' `�\.) - MAYOR - --L . q,37 EXHIBIT "A" TO THE HONORABLE MAYOR AND COUNCIL OF THE CITY OF BEAMJTONT , TE Y_kS . GENTELEIti2EN: Your petitioner,the Texas and New Orleans Railroad Company respectfully represents that: .gHEREAS,by Ordinance of said City,passed and approved under date of May 23rd,1933,your petitioner was granted under paragraph (e) of Section 1, the right and privilege to maintain and operate a then existing track across Allain Street and Franklin Street,from point in the southwest line of Block 2,approximately forty-five (45) feet northwest of its most southerly corner to a point in the northeast line of Block 8,near its north corner, as shown by white and broken yellow lines on attached map,and VIHEREAS,it is desired to construct an extension to said track to serve property in said Block 8,and to properly do so,it becomes necessary to slightly shift sixty-two ( 621) feet of said track in Dain and Franklin Streets,from the existing position daown by broken yellow line to that indicated -by broken red line on said attached map. The said track in its new location entering Block 8, and leaving Franklin Street at a point approximately one and seventh five hundredt*1,751 )feet southwesterly from the north corner of said Block 8. NOW THEREFORE,your petitioner respectfully requests, that it be granted the ri,ht,privilege and franchise to shift said track as above stated,and thereafter to maintain same and operate engines and cars thereover,under terms and conditions of aforesaid ordinance of May 23rd,1933. Your petitioner,further reprdsents that such new ordi- nance or amendment to the existing ordinance be passed and approved granting the privileges herein prayed for. That an emergency exists, and that any formalities which may be legally dispensed with,be omitted. A.D.1936. Submitted this day of �`/ TEXASAND2C, I ORLEANS RAILROAD COMPANY BY _ G11JA11iWER