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Home My WebLink AboutORD 71-A6ec), N- 0 R D I N A N C E Granting to the Texarkana & Fort Smith f Railway Company, its successors and assigns, for a period of twenty-five (25) `years the right and privilege to construct and lay a side or switch tract on the south side ` of its track already laid along Washing - r"... Ry.ton Street in the City of Beaumont, Texas, and to operate its trains and cars there- on, said side or switch track to be laid along said Washington Street between a point near the east line of Park Street and a point near the west line of pearl Street, as is indicated by yellow mark on blue print riereto attached. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF B EAUMONT : Section 1. That the Texarkana & Fort Smith Railway Company be, and it is hereby granted the privilege to construct and main- tain at its own expense for a period or twenty-five years., a side or switch track of standard gauge over and along Washington Street in the City of Beaumont, on the south side of its tractz' \� already laid on said Washington Street, and to operate its loco- ;fotives,--cars--and trains --hereon- -from-e-point--n-ea-r the—east --lin-e -_-.-- of Park Street and a point near the west line of Pearl Street as is shown by yellow mark on blue print hereto attached and made a part hereof, -giving and granting to the said Texarkana & Fort Smith Railway Company not only the privilege of laying and con- structing its said swithh track over and along said Washington. Street as aforesaid, but the privilege is hereby expressly given it to lay and build its said track across Orleans Street and to operate its locomotives, cars and trains thereon, as is shown by yellow makk on blue print hereto attached and made a part hereof. It being understood and agreed that the track and siding, the privilege to lay which is hereby granted, is laid as an in= ��. dustrtial track for the purpose of reaching coi-mnercial and indus- trial enterprises -located and. to be located along or dear said w, a side or switch tract on the south side ` of its track already laid along Washing- R,F �`'�' ton Street in the City of Beaumont, Texas, and to pperate its trains and cars there- on, said side or switch track to be laid along said Washington Street between a point near the east line of Park Street and a point near the west line of Pearl Street, as is indicated by yellow mark on blue print hereto attached.. BE IT ORDAINM) BY THE CITY COUNCIL OF THE CITY OF BEAMIONT: Section 1. That the Texarkana & Fort Sinith Railway Company I be, and it is hereby granted the privilege to construct and main - Iain at its own expense for a period or twenty-five years., a side or switch track of standard gauge over and along ViVashington Street in the City of Beaumont, on the south side of its tractc, 1 already laid on said Washington Street, and to operate its loco- motzv-e-s,- cars and trains thereon from --a point --near the east line of Park Street and a point near the west line of Pearl Street M as is shown by yellow mark on blue print hereto attached and made a part hereof, -giving and granting to the said Texarkana & Fort Smith Railway Company not only the privilege of laying and con- structing its said swithh track over and along said Washington Street as aforesaid, but the privilege is hereby expressly given it to lay and build its said track across Orleans Street and to operate its locomotives, cars and trains thereon, as is shown by yellow makk on blue print hereto attached and made a part hereof. It being understood and agreed that the track and sidi.n& the privilege to lay which is hereby granted, is laid as an in- dustrial track for the purpose of reaching corunercial and indus- trial enterprises located and to be located along or near said Washington Street. Section 2. The grantee, its successors and assigns shall have the right to operate trains, engines acid cars over said track and sid- ing, when so done to further tine interest for which this grant is given, as stated in the,.la;tter portion of Section One hereof. 6. ` O.\ "71 A sat-�fqj� Section 3. That the said grantee, its successors or assigns shall be re- quired at their own expense to construct and maintain such ditches and culvertb for the purpose ofproperly draining its said tracks I along Washington Street as may be reasonably required under the di- 4" rection of theCIty Engineer, and to construct and maintain good and sufficient crossings at the intersection of all cross streets crossed by said railroad track, with easy approaches thereto, so as to keep said streetz and crossings in such condition as Yaot to unreasonably interfere with public travel and traffic thereon. Section 4. That the grantee, its successors ox 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 ttreets over which they are laid, so as not to in anywise obstruct the use of same by the public, and shalt also ballast said track alsaid Washington Street and across Orleans Street between the rails and to- a distance__of _two_ (2.) feet on einer side thereof with rock,gravel, shells, sand,cinders or other suitable material to be determined by the City Council, in s4,ch manner that said track may be on a level with said streets. Section 5. The grant herein given is for a side or switch track only, and said side or switch track shall be laid as near equidistant from the grantee's track already 10A along Washington Street as it prattiaable, 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 'doing said Mork- until the itatter in dispute _ has been approved by the Bridge and Street Conmittee of the City Council of the City of Beaumont, provided that if said Committee - along Washington Street as may be reasonably required under the di- rection of theCity engineer, and to construct and maintain good and sufficient crossings at the intersection of all cross streets crossed by said railroad track, with easy approaches thereto, so as to keep said streetz and crossings in such condition as Iot to unreasonably interfere with public travel and traffic thereon. Section 4. That the grantee, its successors ox 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 anywise obstruct the use of same by the public, and shall also ballast said track al6l said Washington Street and across Orleans Street between the rails and t_o a—di_stamce of_two _(2) _feet on_ either side thereof with rock,gravel, shells, sand,cinders Pr -other suitable material to be determined by the City Council, in s4,ch manner that aaid track may be on a level with said streets. Section 5. The grant herein given is for a side or switch tract, only, and „ said side or switch track shall be laid as near equidistant from the grantee's track already IOALalong 71a.shington Street as it praittluable, 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 -doing•said work until --the "ma Lter -in- dispute has been approved by the Bridge and Street Committee of the City Coun(til of the City of Beaumont, provided that if said Committee shall sustain the contention of the City Engineer in said matter, then the grantee, its sucdessors or assigns shall have the right to submit the same to arbitration. The board,.of arbitrators to be composed 'of one person selected by the Street and Bridge Committee, one by the grantee, its successors assigns, and the third by these twu, and the decision of said Board shall be final as to both parties. Section 6. The foregoing rights and privileges are especially granted upon t'. -ie express condition that the said grantee, its successors ' or assigns -shall, within.thirty days after the passage of this franchise,acting hough the proper officer, file with theCity Secretary its written acceptance of this ordinance, and upon the further condition that the track to be constructed herein shall be completed within ninety (90) days from the passage hereof, and upon failure of the grantee, its successors or assigns to file its accept- ance as provided herein, then this franchise shall be null and void and of no further force norm effect. Section 7. If the grantee, its successors or 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 thirty (30) consecutive 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 theCity Council remove its track from the streets, and if sane is not done within. thirty (30) days thereafter, the City of Beaumont shall have the right -do do said wort: itself. and recover of and from the defendant such amount as may be expended by the City of Beaumont on said work plus ten per cent additional as a penalty, and if said amount is not paid within thirty (30) days after the comple- tion of same by the City, an additional ten per cent shall be added as a penUty, and, the total of said amount shall draw interest from that date at the rate of ten per cent per annual. Section S. This ordinance shall go into force and effect from and- after its passage, the filing of the written acceptance as provided in i Section 6 hereof, and lawful publication, as provided in the City franchise,acting hough the proper officer:, file with theCity Secretary its written acceptance of this ordinance, and upon the further condition that the track to be constructed herein shall be completed within ninety (90) days from the passage hereof, and upon failure of the grantee, its successors or assigns to file its accept- ance as provided herein, then this franchise shall be null and void and of no further force norm effect. Section 7. If the grantee, its successors or assigns, shall at any time during the life of this .fra_chise discontinue the use of the track, for which this franchise is granted, for a period of thirty (30) consecutive 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 track from the streets, and if same is not done within, thirty (30) days thereafter, the City of Beaumont shall have -the right do do said work :i tself. and recover of and from the defendant such amount as may be expended ray the City of Beaumont on said work plus ten per cent additional as a penalty, and if said amount is not paid within thirty (30) days after the comple- tion of same by the City, an additional ten per cent shall be added as a penUty, and - the total of said amount shall draw interest from that date at the rate of ten per cent per annura. Section S. This ordinance shall go into force and effect from and -after -- its passage, the filing of the written acceptance as provided in Section 6 hereof, and lawful publication, as provided in the City Charter, and shall continue for a period of Twenty-five (25) years thereafter. o Pa-ssed, this the �� day i' //l A.D.19 (J7 Ae!' 4r Ch %h4 4�b 6-4 No Text HIGHTOWER,ORGAIN & BUTLER L..B.HIGHTOWER,JR. LAWYERS WILL AY RSWILL E.ORGA IN GHARLES r.BUTLER W.H.DAVIDSON BEAU MONT, TEXAS Mr. J. G. Sutton, City Secretary of Beaumont, Beaumont, Texas. Dear Sir: The Texarkana & Ft. Smith Ry. Dompany hereby accepts the franchise of the city of Beaumont, granting it the right to place a switch track on the south side of Washington Street and parallel to its main track, between Pearl and Park Streets. AT70 EYS FOR TEXARKANA AND FORT SMITH RAILWAY COMPANY. - 7e- TEXARHANA c& FORT SMITH RAILWAY COMPANY. HIGHTV AER, ORGAIN & BUTLER, LEGAL DEPARTMENT. ATTORNEYS FOR ORANGE, JEFFERSON AND NEWTON COUNTIES, TEAS. PEAUMONT, TEXAS, June 19 , 1912. Mr. J. G. Sutton, City Secretary, City. Dear Sir7� We herewith enclose to you Texarkana & Ft. Smith law department voucher No. 8813, Audit No. 251, drawn in your favor for $25.00 to cover costs of publishing ordinance for switch track on Washington Street. Please acknowledge receipt. Whenever this ordinance is finally passed, please advise, so we can file acceptance. Very truly yours, -b. Enc. tea,--- - Beaumont, Texas, April 4,1912. To the Honorable 14a'yor and City Council, C z T Y. G ent 1Q IQE n: the and e r si ne d of the o�di nano e committee, beg to state that have carefully examined the attached franchise 'C ranting the privilege to lay switch of the Kansa,'; City Southern Railway on the south sid-e of Trashingtan Street from a Point between Park and Crlean;8 Street to pearl Street and recommend that Baine he granted. Respectf lly submitted, Ordinance Committee. I/A Beauaont , Texas, April 49 1912. To the Honorable Mayor and City Council, C I T Y. Gent lemen: - We, your O.rdinrince coinmittee, to whom was referred attached franchise, beg to report that for, reasons stated in opposing the franchise for the west Ride of ZVashington Str#;et granted to the Kansas City Southern Railway, to -wit:- That we think it is agq.inst public- policy to Ilse the street,4 for private gain. +'t'e he rebv recommend this franchise be not granted. -R E Ordi.nance Committee. l n -THE BEAUMONT DAILY JOURNAL (EVERY WEEK -DAY AFTERNOON AND SUNDAY MORNING) PUBLISHED BY THE JOURNAL PUBLISHING COMPANY r CHAS. L. SHLESS, PRESIDENT AND EDITOR r Business Department BEAUMONT, TEXAS, THE STATE OF T3 MS, COUNTY, OF JEWERSON, Before me, the undorsignnd authority, a ` - notarjr public inand for th0 ounty of Jeff aon� ~ d State � _- of Texas, on this day personally appeared,�_& , who being first duly,Sworn, according to law, sayB that he ie the of the BEAUMONT YOURRAL, a daily news- paper published at Beaumont# in said County and Mate, and that the publi,.catio.n, of which the annexed is a true tippy, W1316 published in said paper on the�,� day of '44_� A B. 19k-:7 ,, and once each ther:eafter for consecutive and that the rates charge. theresfora is nail in -4Xcest, of the commarciak rates charged. _ private_- individuals,- with--thee--usual--disoountts:, - - - - - � Swa:rn to 'before rade, and subscribed in my pregence, this the day Notary ;public in andfo 3 e Qo« J. unty of Jeafeera3o, State of Texas. r', , a -- 1.N