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HomeMy WebLinkAboutORD 2-AA N O R D I N A N C E. Granting to the Texas & New Orleans Railroad Com- pany, its successors and assigns, for a period of twenty-five (25) years, the right and privilege to construct and lay a side or switch track on the west side of its track already laid along Main Street, in the City of Beaumont, and toy' operate its trains and cars thereon, said side or switch track to be laid along said Main Street between a point about half way between Bowie and Fannie Streets and the south side of Fannin Street, as is indicated by a red line on the blue print here- to attached. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : Section 1. That the Texas & New Orleans Railroad Company is hereby granted the privildge to construct and maintain, at its own expense, for a period of twenty-five (25) years, a side or switch track of standard gauge over and along Main Street in the City of Beapmont on the west side of its track already laid on said Alain Street, and to operate its locomotives, cars and trains thereon from a point = ;iabout midway distant between Bowie and Fannin Streets and a point on the south line of Fanni.s Street, as is shown by red line on blue print hereto attached and made a part hereof, giving and granting to the said Texas & New Orleans Railroad Company not only the priv- ilege of laying and constructing its said switch track over and along said Main Street and across Fannia Street, as aforesaid, that the privilege is hereby expressly given it to lay and build its said track across Fannin Street, and to operate its locomotives, cars and trains thereon, as is shown by a red mark on blue print -hereto at- tached and made a part hereof. It being understood that the track _ _ a _2 a 2 L 'L. .... d �. S 1 ..... L .. 7 .. ,..2. 3 .. 1. 3 .. 1..... 1. .,...� ....,. J. 7 .* • i -i uli Y.LilC5 %W 133V ilV .[1 G4N W -W-- V iv-- --- - --pang, its successors and assigns, for a period of twenty-five (25) years, the right and privilege to construct and lay a side or switch track on the west side of its track already laid along Main Street, in the City of Beaumont, and to operate its trains and cars thereon, said side or switch track to be laid along said Main Street between a point about half way between Bowie and Fannie Streets and the south side of Fannin Street, as is indicated by a red line on the blue print'here- to attached. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the Texas & New Orleans Railroad Company is hereby granted the privilege to construct and maintain, at its own expense, for a period of twenty-five (25) years, a side or switch track of standard gauge over and along Main Street in the City of Beapmont on the west side of its track already laid on said Main Street, and to operate its locomotives, cars and trains thereon from a point it about midway distant between Bowie and Fannin Streets and a point on the south line of Fannie Street, as is shown by red line on blue print hereto attached and made a part hereof, giving and granting to the said Texas & New Orleans Railroad Company not only the priv- ilege of laying and constructing its said switch track over and along said Main Street and across Fannia Street, as aforesaid, that the privilege is'hereby expressly given it to lay and build its said track across Fannie Street, and to operate its locomotives, cars and trains thereon, as is shown by a red mark on blue print hereto at- tached and made a part hereof. It being understood that the track and siding, the privilege to lay which is hereby granted, is laid as an industrial tragi lk for the purpose of reaching commercial and industrial enterprises located and to be located along and hear said Fannies Street. Y`L. z:. Section 2. The grantee, its successors and assigns will have the right'to operate trains, engines and cars over said track and siding when so done to further the interest for which this grant is given, as stated in the latter portion of Section 1 hereof. Section 3. That said grantee, its successors, and assigns shall be required, at their own expense, to construct and maintain such ditches and culverts for the purpose of properly draining its said tracks along Dain Street as may be reasonably required under the direction of the City -Engineer, and to construct and maintain good and suf- ficient crossing it the intersection of all cross streets crossed by said railroad trach with easy approaches thereto, so as to keep said streets and crossings in such condition as not to unreasonably itterfere with publie'travel and traffic thereon. Section 4. That the grantee, its successors or assigns shall be further required to construct and maintain said railroad track at the same grade or level as the established grade or level of said streets over which they are laid, so as not to in any wise obstruct the use of same by the public, and shall also ballast said track along said Main Street and across Fannin Street between the rails and to a distance of two feet on either side thereof, with rock, gravel, shells, sand, cinders or other suitable material to be determined by the City Council, in such manner that said i' right'to operate trains, engines and cars over said track and siding when so done to further the interest for which this -grant is given, as stated in the latter portion of Section 1 hereof. Section 3. That said grantee, its successors, and assigns shall be required, at their own expense, to construct and maintain such ditches and culverts for the purpose of properly draining its said tracks along Main Street as may be reasonably required under the direction of the City Engineer, and to construct and maintain good and suf- ficient crossing it the intersection of all cross streets crossed by said railroad tracZK, with easy approaches thereto, so as to keep said streets and crossings in such condition as not to unreasonably i1terfere with publie'travel and traffic thereon. Section 4. That the grantee, its successors or assigns shall be further required to construct and maintain said railroad track at the same grade or level as the established grade or -level of said streets over which they are laid, so as not to in any wise obstruct the use of same by the public, and shall also ballast said track along said I&in Street and across Fannin Street between the rails and to a distance of two feet on either side thereof, with rock, gravel, shells, sand, cinders or other suitable material to be determined by the City Council, in such manner that said track may be on a level with said streets. '- / 3-/9/3 5._ 5 -/9<</ - Section 5. The grant here given is for a side or switch track only, and such side or switch track shall be laid as is shown by the red- line on the blue print hereto attached and made a part hereof, and shall be laid under the direction of the City Engineer of the City of Beaumont, and should a dispute over said construction arise, the grantee, its successors or assigns hereby agree to refrain from do. ing said work until the matter in dispute has been approved by the Bridge and Street Committee of the City Council of the City of Bean moat, provided that if said Committee shall sustain the coniention of the City Engineer in said matter, then the grantee, its success- ots or assigns, shall in writing submit the same to arbitration, the board of arbitrators to be composed of one person selected by the Bridge and Street Committ4e, one by the grantee, its,suceessors or, assigns, and the third by those two, and a decision of said board shall be final as to both parties. Section 6. The foregoing rights and privileges are especially granted upon express condition that said grantee, its successors or assigns shall within thirty (30) days after the passage of this franchise, acting through the proper officer. file with the City Secretary its w%ttten acceptance of this ordinance, and upon the further condition that the track to be constructed herein shall be completed within one hundred, twenty (120) days from the final passage and acceptance hereof, and upon the failure of the grantee, its successors or assigns to file its acceptance as provided --for- herein; -then -tris- franchise shall be null and void and of no further force nor effect. U3 is mown Dy line on the blue print hereto attached and made a part hereof, and shall be laid under the direction of the City engineer of the City of Beaumont, and should a dispute over said construction arise, the grantee, its successors or assigns hereby agree to refrain from do- ing said work until the matter in dispute has been approved by the Bridge and Street Committee of the City Council of the City of Bean mont, provided that if. said Committee shall sustain the contention of the City Engineer in said matter, then the grantee, its success- ots or assigns, shall in writing submit the same to arbitration, the board of arbitrators to be composed of one person selected by the Bridge and Street Committ6e, one by the grantee, its.suceessors ar' assigns, and the third by thoee two, and a decision of said board shall be final as to both parties. Section 6. The foregoing rights and privileges are especially granted upon express condition that said grantee, its successors or assigns shall within thirty (30) days after the passage of this franchise, acting through the proper officer, file with the City Secretary its wittten acceptance of this ordinance, and upon the further condition that the track to be constructed herein shall be completed within one hundred, twenty (120) days from the final passage and acceptance hereof, and upon the failure of the grantee, its successors or assigns to file its acceptance as provided for }iereiri� "-thea- this franchise - shall be null and void and of no further force nor effect. Section 7. If the grantee, its successors ar assigns, shall at any time during the life of this franchise discontinue the use of the track for'which this franchise is granted, for a period of sixty (60) donsecutive days, this franchise shall then and there terminate and all the rights and privileges herein granted shall revert back to the City, and the grantee, its successors or assigns shall, on notice from the City Council, remove its tracks from the streets, and if same is not done within sixty (60) days thereafter the City of Beaumont shall have the right to do said work itself, and re- cover of and from the grantee,.its successors or assigns, such amount as may be expended by the City of Beaunont on said work, plus ten per cent (10f) additional as a penalty, and if said amount is not paid within thirty (30) days after the completion of same by the City, an additional ten per cent (10%o) shall be added as a penalty, and the total of said amount shall draw interest from that date at the rate of ten per cent (101) per annum. Section 8. This ordinance shall go into force and effect from and after its final passage, the filing of the written acceptance as provided for in Section 6 hereof, and lawful publication, as pro- vided for in the City Charter, and shall continue for a period of twenty-five (25) years thereafter. j I/ 11 115�/J oA J -1�-1en3 Beaumont, Texas, September 25, A. D. 1913. Now comes the Texas & New Orleans Railroad Company, through.its attorneys, duly authorized, and accepts the fran- chise granted it to lay a switch on Main Street running into and serving the Caswell property, said franchise having been finally passed by the City.Council on the c day of A. D. 1913, and approved by the ! 7 Mayor on the 1 q day of Ao D. 1913. Attorneys for Texas & New Orleans Railroad Company. 044 .1-4 L.B. HI GHTOWER,JR. WILL E. ORGAIN- CHARLES T. BUTLER_ W_H_DAVIDSON_ Mr. J. G. Sutton, City Secretary, City. Dear Sir:- HIGHTOWER, ORGAIN & BUTLER LAN YG4 RS BEAUMONT, TEXAS September 26, 1913. We herewith enclose -to -you an acceptance by the T&NO of the franchise granted it to lay a switch on INin Street to serve the Caswell property. We would thank you to fill-�-in the blanks in the acceptance before filing the same. Very truly yours, WFO-b. ;1 Enc. Beaumont, Texas, April 71 1914. TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY Or BEAUMONT: Now comes the Texas & New Orleans Railroad Company, a corporation, and shows to your Honorable Body that heretofore, to wit, on the /_�l ay of 193.4, the City pas.sed its ordinance granting a franchise to the Texas & New Orleans Railroad Company to operate trains, etc., on P -rain Street from present lire across Fannin Street into the C. C. Caswell estate prop�erty,in the City of Beaumont, and granting to it the privi- lege to construct and maintain, at its own expense, for a period of twenty-five years, a aide or switch track, of standard gauge, as per map attached to said ordinance and in accordance with the terms of said ordinance, and said ordinance was filed with the City Secretary on the 19th day of August, 1913, and the same is referred to herein for all parti- culars, and especially for all the rights granted to the Texas &. New Orleans Railroad Company therein. Thereafter, and within thirty days after the passage of said ordinance, granting to the Texas & New Orleans Railroad -Company a franchise for the purposes indicated in said ordinance, said Texas &: New Orleans Railroad Company, acting through J� 1,3 TO THE HONORABLE MAYOR AND `CITY COUNCIL OF THE CITY OF BEAUYOIdT : Now comes the Texas & New Orleans Railroad Company, a corporation, and shows to your Honorable Body that heretofore, to wit, on the L�ay of ijunto , 1974, the City passed its ordinance granting a franchise to the Texas & New Orleans Railroad Company to operate trains, etc., on 111ain Street from present line across Fannin Street into the C. C. Caswell estate prop\erty,in the City of Beaumont, and granting to it the privi- lege to construct and maintain, at its own expense, for a period of twenty-five years, a, side -or switch track, of standard gauge, as per map attached to said ordinance and in accordance with the terms of said ordinance, and said ordinance was filed with the City Secretary on the 19th day of August, 1913, and the same is referred to herein for all parti- culars,.and especially for all the rights granted to the Texas & New Orleans Railroad Company therein. Thereafter, and within thirty days after the passage of said ordinance, granting to the Texas & New Orleans Railroad Company a franchise for the purposes indicated in said ordinance, said Texas &: New Orleans Railroad Company, acting through its proper officer, filed with the City Secretary its written acceptance of.the franchise granted it by said ordinance, and same was duly filed with the City Secretary of the City of Beaumont. A Said Texas & New Orleans Railroad Com- pany would further show that Section 6 of said ordinance granting it a franchise, provides that the &rack to be constructed shall be completed within 120 days from the final passage and accept- ance of the franchise granted by said ordinance, and that said 120 days expire on the �� day of , 1918; said Texas &; New Orleans Railroad Company would further show that it has been unable to construct the track within the 120 days provided by Section 6 of said ordin-. ance, and requests your Honorable Body to extend the time within which said track shall be con- structed and completed an additional 120 days` and that in the order so extending the time, uit be expressly provided that the franchise shall. not be forfeited by reason of the failure of said Rail- road Company to lay and construct the track within the original 120 days allowed by the ordinance. 41_1�411 Respectfully submitted, AN ORDINANCE. 0-7 Entitled an ordinance granting to the Texas & New Orleans Railxoad Company aextension of time in which to construct a side•or switch track which right and privilege was.granted to it by an ordinance passed on the 19th day of August, A• D. 1913; and providing that the failure of the said Texas & New Orleans Railroad Company to'build said side or switch track within the time as provided in Section 6 .LED THIS THE�z DAYof said ordinance shall not forfeit or vitiate same. WHEREAS , the City Council of the' City of ..l. G. SUTTON, Beaumont did on the 19th day of August, 1913, grant sEGRE7CA1RY.to the Texas & New Orleans Railroad Company the right and privilege to construct a side or switch track on the _ west side of a. track already laid along MEd n Street:in the City, of Beaumont belonging to the said Texas & New Orleans Railroad Company and to operate its trains and cars thexeon for a period of 25 years and, AREAS, by Section 6 of said -ordinance the.said —Texas & New Orleans Railroad Company was required to J. e SUTTON, construct said track and, have same completed within CfrySECR.eTAAy.120 days -from the final passage of said ordinance and ,lsrk'1�; the acceptance of same` by the said Texas &New Orleans Railroad Company, and WHEREAS, the Texas & New Orleans Railroad Company did on the 19th day of September, 1913, in writing accept said ordinance,and, 1ED THIS THE _ = ,r ,fir �y WHEREAS because of certain causes the said Texas F _-----Bo--New Orleans Railroad Company did fail to construct J! G. aUTT1 ON, said side or switch track within the time limit as set ;1Y, S`EG?�ETAR'4ut in Section 6 of said franchise ordinance, and -- .Asst, WHEREAS, said Texas & New Orleans Railroad Company has petitioned this Council to extend the time l limit in which said side or switch track shall be constructed 120 days from the 7th day of April, 1914, NOW THEREFORE, BE IT ORDAINED BY THE CITY COJNCIL OF THE CITY OF BEATMONT: Section 1. That the condition in Section 6 of the franchise heretofore gxanted to the Texas & New Orleans Railroad Company by the City Council on the 19th day of August, A. D. 1913, in which said Texas & New Orleans Railroad Company was granted the right and privilege to lay and construct a side track on the west side of a track of said. Texas & New Orleans Railroad Company already laid along Main Street in the City of Beaumont' and to operate its trains and cars along said track for a period of 25 years, and for a more specific description of said switch -I i.1_ - L"__ - -._e.ut _.n - 4.J.—..l..- A d-.. -A .-P-n—nl�4 nn 4 e right and privilege was granted to it by an ordinance passed on the 19th day of August, A- D- 1913; and providing that the failure of the said Texas & New Orleans Railroad Company to'build said side or switch j track within -the time as provided in Section 6 FILED THIS TH 2 3A4of said ordinance shall not forfeit or vitiate same. WHEREAS , the City Council of the City of J.G,�SUTTGN, Beaumont did on the 19th day of August, 1913, grant -��iTXiECRETARY.to the Texas & New Orleans Railroad Company the right y:Jr` privilege to construct a side or switch track on ASSt, the west side of .a track already laid along Main Street`in the City of Beaumont belonging to the said Texas & New Orleans Railroad Company and to operate its trains and cars thereon for a period of 25 years and, D -T -HIS THF f'BAT AREAS, by Section 6 of said. ordinance the. said OF6' '�2:f 19 ---Texas & New Orleans Railroad Company was required to X G. SU'T'TON, construct said track and have same completed within .1.-cjTY SEGRFTAIRY120 days • from the final passage of said ordinance and the acceptance of same by the said Texas &New Orleans Railroad Company, and ') WHEREAS, the Teras & New Orleans Railroad Company did on the 19th day of September, 1913, in writing accept said ordinance,and, and ILED-THIS THE ` j� Y . :y WHEREAS, because of certain causes the said Texas '� -- -- `--_--8o-New Orleans Railroad .Company did fail. to construct J. G. UTTG N, said side or switch track within the time limit as set y f fyGjtYSEGRET�R-©tit in Section 6 of said franchise ordinance, and f St, WHEREAS, said Texas & New Orleans Railroad Company has petitioned this Council to extend the time limit in which said side or switch track shall be constructed 120 days from the 7th day of April, 1914, NOW THEREFORE, BE IT ORDAINED BY THE CITY C OTINC IL OF THE CITY OF BEATMONT : Section 1. That the condition in Section 6 of the franchise heretofore granted to the Texas & New Orleans Railroad Company by the City Council on the 19th day of August, A- D. 1913, in which said Teras & New Orleans Railroad Company was granted the right and privilege to lay and construct a side track on the west side of a track of said Texas & New Orleans Railroad Coi:ipany already laid along Main Street in the City, of Beaumont and to operate its trains and cars along said track for.a period of 25 years, and for a more specific description of said switch track the blue print of same attached to said franchise is hereby referred to and made a part of this ordinance as if attached hereto, be and the same is hereby extended 120 days from the 7th day of April A. D. 1914 and it is agreed ,that because of the' failure of the Texas. & New Orleans Railroad Company to construct and lay said side or switch track within the time as set out in Section 6 of the granehise granting the right and privilege to so construct and lay said side or switch track of date of August, 19th, 1913, shall not forfeit said franchise but same shall and it is hereby provided that it is in full x r,Q xe.J": force and effect as if said time limit had not been included in said ordinance. Section 2. That the foregoing extension of time in which to build said. side of switch track is granted to the said Texas & New Orleans Railroad Company upon the express condition that said Teras & New Orleans Railroad Company, its successors and assigns shall file with the City Sec2etary within 30 days after the.passage.of this ordinance its written acceptance of this ordinance and upon the further condition that the track to be constructed shall be competed within 120 days from April, 7th, 1914 and upon the failure of the Texas & New Orleans Railroad Company, its successors and assigns to file its acceptance and to have said track constructed and completed within the said 120 days from April, 7th, 1914, the said ordinance granting to the Texas & New Orleans Railroad Company the right to construct said track and which was passed August, 19th, 1913 be, and the same shall be void, forfeited and held for naught. Section 3. This ordinance shall go into forge and effect from and after its final passage, filing of the written acceptance as provided herein and lawful publication as provided for in the City Charter.-, , Passed this the Approved this the cS — day o f %5'7 day of 1914. 1914. Y ATTEST: u! (ITqSECRHTARY Beaumont, Texas, April, 7, 1914. Honorable Mayor & City Council, Gity. Gentlemen: - We, the Ordinance Committee, to whom the foregoing ordinance was referred, beg leave to report that after careful consideration we recommend its adoption. Respectfullyyfiil fed, I .2A Beaumont,,Texas, Aug. 19,1913. To the Honorable Mayor and City Council, C I T Y. Gentlemen: - Tie, your Ordinance Committees to whom was referred the attached ordinance granting a franchise to the Texas & New Orleans Ry. Co"s to operate trans, etc., on 14ain Street from present line across Fannin Street into Geo. W. Caswell property, beg to report that vie have thoroughly considered same and recommend its passage. RespectRilly, Ordinance Committee.