Loading...
HomeMy WebLinkAboutORD 98-ANo Text d . k ME �1.41S Beaumont that all 0/ it is deemed.to the best interest the capital stock of the'Beaumont �- y 4 � �J/j � -Iva ) v� 7qA of the City of Traction Company shall be acquired and owned,by the same ieanagement.and interests as now 07M the properties of the Jefferson County Traction Company; and, WEM-711AS,, to this end it is desirable and necessary that cer- tain sections of the franchise granted by the City of Beaumont .to the Beaumont. Traction Company, passed and approved on the 3rd day of January, 1911, should be amended .as hereinafter stated; NOW THMFORE, BE IT ORDA INE D BY THE CITY COUNCIL . OF TOE CITY OF EFAUMONT: Section 1. That Sections.11 79.15 and 37 of the franchise passed and approved January 3rd, 1911, be so amended that the same shall hereafter read"; .as follows, to -wit: (a) vSection 1 of said franchise is hereby amended by sub- stituting for the words "forty-two years from the 7th day of Ootober, A. D. 1910", the. words; "fifty years from the 1st day of January, A. D., 19711-1", so that said SBotion, as amended, shall read, as follows: "SECTION 1* RMEALING AM SUBSTITUTING. ".That upon ' the, acceptance of thi.s ordinance in the manner and f arm hereinafter- designated, the "rights. and, privileges of . said Beaumont Traction Company, and of all other persons, natural and corporate., claiming any interest. in the same, under the fran- chises and permits hereinbefore referred to shall be and they are' hereby cancelled and annulled and all of the aforesaid fran- chi se s and permits shall be and sand repealed.; . and in lieu and' substitution thereof the rights; privileges, franehi.ses and per- mits ' hereinafter set forth and provided -are hereby granted. said Beaumont Traction. Company., hereinafterecalled the. grantee, for a period of fifty years from the lst day of January, A." D. 19119. subject to the terms., conditions, provisions and restrictions here- inafter 'mentioned! .-orovided it, is' distinctly understood that by the . foregoing repeal of said franchises and permits as above set forth it is not intended to invalidate the bonds of the grantee heretofore issued and now outstanding but to substitute the fran- chise hereby granted as the ba.sis and security for said bonds in lieu of said.franehises and permits hereinabove repealed." 5.11 �'11,ED THIS THI LDA T / S,1ry 61-11'.G;aE:TARY. Y � b (b) Section VII of said franchise is hereby amended by sub- stituting for the words " macadamize., shell or pave", the words "pave with a pavement laid with a concrete base", so that said SeetioaRso amended shall hereafter read, as follows: "SECTION VII. CONCRETE FOUNDATIONS. That thegrantee herein shall, as soon as practicable, from and after the passage hereof, begin to place its tracks now on Pearl Street, on Calder Avenue from gulf Street to City Limits, and on Mag. nolia Avenue from Long Avenue to Elm Street, on a good substan41.7_, concrete foundation, at least six inches in thickness and seven feet in width, under the ties or stringers, and shall have same finished and completed within twelve months after acceptance of this ordinance, and shall maintain such foundations, as well as concrete foundations under its other tracks, in good condition and repair; provided, the city shall permit the operation of the cars over th,e side of such streets during such construction, when practicable. That the grantee shall also, when required by the City Council, construct, concrete foundations of the character above described under its tracks,..on any streets which the City of Beaumont shall pave with a pavement laid with a concrete base." (c) Section ZV of said franchise is hereby amended by striking out the first part thereof through and including the word "and" after the first semicolon, so that said section so amended shall read, as follows: "SECTION XV. RAILS. "Whenever any new-traeke 'ara to be laid,'.or 'any of the present tracks are to be relaid, or any street :over � which the grantee's tracks extend is to be paved or repaved, the City Council of the City of Beaumont shall have the right . to order and require the grantee to construct or reconstruct said tracks or rails of such character, size and dimensions as said city Uouncil may prescribe." (d) Section DTII of said franchise is hereby amended by striking out the words "or interurban", so that said Section so amended shall hereafter read, as follows: "SECTION XXKYII. CONSOLIDATION OF RAILWAYS. "The street railway of the grantee herein shall not, as to. ownership, control or operation, be consolidated with any other street railway in the City of Beaumont, without the consent of the City Council granted by ordinance and duly adopted." W.Nw SECTION 2• This ordinance amendatory of the present franchise of the Beaumont Traction uompany from the pity of Beaumont, passed and approved on the 3rd day of January, A. D.1911, shall become effec- tive: (a) Upon its passage and approval pursuant to the terms of the City Charter of the City of Beaumont. (b) Upon the written acceptance hereof, within 90 days after the passage and approval hereof, by the Beaumont Traction Company, such approval to be authorized by the Board of Directors of said. Company. (c) Provided that the entire capital stock of said Beaumont Traction Company shall within 90 days aflter passage and approval hereof, aforesaid, have passed into the possession of the present managment and interests owning and controlling said Jefferson County Traction Company. Passed this LZ 7 �.. Approved by the Mayor this .4Z-1-7 Ic` ATTEST: City Secretary. �3- No Text ML A N '0 R -D I ., N A N- C E Erititid an, ordinance -amending sections. "1=7-15. and 37 of an'-ordinance'. passed and: ;appr.oved' January 3, lyll, gre.n.ting a-. franchise to the-Beaumont Ri Faction Company, its successors and.' assigns' and .recorde. d' 'on pages 435 463 inclusive; of:' the Revised" ordinances . of the City of -Beaumont .anti. provid;LIg the fulfillment of certain conditions_ befor.'O said ordinance" shrill take", effect o FILED THIS THL�Dk.'y 01' ' G: SUTTON, ; Fry SEG-2ETARY. Per WIMEAS, it is deemed to the -,best interest"of the" City of Beaumont th$t all the capital ''stooa. `of ..the Beaumont Traetion.' Company shall be acquired and, owned. by .the. same management, .and, interests .as now own. the properties of. the. 'Jefferson".'County Traction Company; and, wHEREAS,= to' .this end' .it., is. .desirable and necessary that eer- taro sections ,of the . franchise granted by the City of Beaumont to the Beaumont Traction Company, ..passed and "approved, on the 3rd day.' of . January, 19119 should be: amended as hereinafter stated,- NOW tated;NOW TBEFORE, BE .IT.ORDAINED BY.,THE CITY COUNCIL OF THE CITY -OF BEAUMONT SECTION h.-.. That Section h, 7, hb and 57'. of the franchise passed and approved January 3rd., "1911; be so amended that the " same shall hereafter read, as follows, to -wit: (a) Section -.1 of ,said franchise is hereby amended by sub- ; stituting fon' the . words "forty. -two years' from the 7th .day of October," A. D. 1930T. the words, "fifty= years .from the let day of, January, A. D. 1911" so that baid 'Section;' a' s* amended, shall read, as follows: "SECTION 1.+ RMPEA. ING AND`SUBSTITUTING. "That upon- the. acceptance :of this brdinance,,in the manner "and forni,hereinafter 'designated, the rights and privileges of, said Beaumont. 'Traotion Company and of' -all other 'persons natural and o orporate., claiming any interest. -in ' the sa.mo'under the fran- ohiaes. and permits. hereinbefore referred. -to shall. be and they. are hereby cancelled and. annulled, and. all of the aforesaid fran, ehises and permits shall be and stand repealed., and in lieu and substitution thereof the. rights,. privileges, franchises and per- mits hereinafter set "forth and -provided -are hereby granted said 'Beaumont- Traction :.Company, hereinafter called the grantee, :for a period of fifty "years from the let- day' of Janizary, A.s.` D. 1911 : subject to -the terms, conditions, provisions .and restrictions here- inafter -mentioned; provided it.ie.distinetly understood that by, the foregoing repeal of said franchises and permits as above set forth, i.t is not intended.to .invalidate" the bonds, of the -grantee heretofore issued and now outstanding but to substitute the fran- chise hereby granted as the basis and security for said. bonds in lieu of said franchises.and.permits hereinabove repealed'1 (b) Section VII of said franchise is hereby amended by sub- stituting for the words . "macadamize_-., shell or,. pave',.,. the vards "pave with a.pavement laid with a concrete base",'so that,said:Section so amended shall hereafter read, as follows: SECTION VII CONCRETE.FOUNDATIONS.- "That'the grantee.herein shall, as soon as pr'actieable, from and after the.passage hereof, b'egin.'to place its tracks now on Pearl' Street, on -Calder Avehue from Gulf Street to City Limits, and on idag-. nolia Avenue from Long Avenue to Elm Street, on a',g.00d substantial- conerete`foundation, at least sig inches in thickness and seven feet in width, ,under the ties or stringers, and' shall. have,same finished and completed within twelve months after acceptance of this -ordinance, .and shall.maintain such.foundations.,.as well as concrete foundations , under its other tracks,...in good -condition and repair; provided, the city shall permit the operation. of the -cars, over the side, of such streets during such construction,'when practicable. That.the grantee shall also, when required by the City Council, construct, concrete foundations of!the,character'above described under its tracks, on any streets which the City of Beaumont shall pave with a pavement' laid ' with a conc-rete' basil". (c) Section XV of said.'franchise is hereby amended by striking out the first part thereof through and including the word "and" after the first semicolon,,sothat said section so amended shall read as follows: SECTION XV. RAILS. "Whenever any new tracks are to be laid.;'or any of the present tracks are to be relaid, -or any'street over which the grantee's tracks extend is to be paved or -repaved, the City Council -of the City of Beaumont -shall have the right to order and require the. grantee to -construct or reconstruct said tracks or trails of such character,, site and, dimensions as. said, City Council may prescribe". (d).Secton XXXVII of. .said franchise is hereby 'amended by striking out the -words. or interurban"., so.that said Section so amended shall hereafter road, as 'follows: SECTION .=rII. CONSOLIDATION" OF RAILWAYS. "The street railway of -the grantee herein shall not, as to ownership, controll.or operation, be consolidated with any other street railway in. the'City of Beaumont, without the consent of the City Council granted by ordinance and duly adopted". ©_ 19-4 9-i-3 @F SECTION 2. This ordinance amendatory of the present franchise of the Beaumont Traction Company from the City of.Beaumont, gassed and approved on'the 3rd day of January, A.D. 1911, shall become effective: (a) Upon its passage and approval pursuant to the terms of the City Charter of the City of Beaumont. (b) Upon the written acceptance hereof, within 90 days after the passage and approval hereof, by the Beaumont 'fraction Company, such approval to be authorized by the Board of Directors of said Company. (e) Provided that the entire capital stock of said Beaumont Traction Company shall within 90 days after passage,.and approval hereof, aforesaid, have passed into the possession of the present management and interests owning and controlling said Jefferson County Traction Company. Passed this / -7 / 9 approved by the !,tiayor. this City Secretary. 0 4 - STATE OF TEXAS ) ) ss COUNTY OF JEFFERSON) WHEREAS., an ordinance amendatory of the .present franchise of Beaumont Traction Company from the City of Beau- mont, passed and approved on January 3, 1911, was passel and. approve& on June 17, 1913; and. WHEREAS, said ordinance in section 2 thereof re- quires the performance of certain conditions within ninety days after its passage and approval before it shall become effective, namely: (1) The written acceptance of said ordinance by the Beaumont Traction Company, such approval to be authorized by the: Board of. Directors of said Company; (2) The passing into the possession of the pres- ent management and interests owning and controlling the Jefferson County Traction Company of the entire capital stock of said Beaumont Traction Company; and VE=MAS, at a meeting of the Board of Directors of said Beaumont Traction Company held on August 5, 1913, said Board, by proper vote, authorized the written acceptance of said. ordinance as evidenced by a certified c-opy of"said vote • annexed hereto and made a part hereof; and, MREAS, on Jtily 229 1913, and within ninety days after the passage. and approval of said ordnance, the entire capital stock of sail Beaumont Traction Company passed into the possession of the said management and interests owning and controlling said Jefferson County Traction Company; and_ WHEREAS, all the conditions necessary for said ordin- ance to become effective, except this written acceptance, have been complied with; NOW, THEREFORE, BE IT KNOWN that Beaumont Traction Company, a Texas corporation domiciled in Jefferson County, 2 Texas, pursuant to said authority of its Board of Directors, hereby, in writing, acceptsthe franchise granted to it by the City Council of the City of Beaumont, Texas, by ordinance dated June 17, 1913, the same being an amendment to sections 1, 7, 15, and 37 of the franchise granted by the City of Beaumont, Texas, to the Beaumont Traction Company on January 3, 1911. WITNESS the signatureand seal of said Beaumont Traction.Company hereto, signed and affixed by its duly authorized officers this day of August, 1913. BEAUMONT TRA TI N GOMPANY, XP en . ATTNS Secre ary. hew S. $ N. M. A. A-502 I?tF-64 5000-5-22-13 BEAUMONT TRACTION COMPANY TRANSCRIPT FtOM CORD OF BOARD'OF DIRECTORS "The following[nthe and vote was presented to the meeting,dulynaed d unanimously passed: WHEREAS an orde ame datory of the present franchise of this Cy fro the . City of Beaumont, passed and approved 3r day of Januaxy, A.D. 1911, was passed an rovel on June 17, 1913, and requires beforeit s 1 bec e effective that the entire capital stock of i Company shall within_ 90 days after the pa3s:agee<nd approval of said ordinance have pass int the possession of the present management sad inberests owning and con- trolling Jefferson unty Traction Company, and WHEREAS by deli a aforesaid manage— ment axed interests on July 22, 1913, of the entire capita.1 s -tock of this y, the aforesaid con— dition has been perfo reed; NOW, THEREFORE + IT VOTED — that B umont Trcction Company does hereby.accept the fr chise g anted to it by the City Council of the ty of eaumont, Texas, on June 17,, 1913, the same ng'an amendment to Sections 1, 7, 15 and 37 of the franchise granted by the City of Beavm0', to Beaumont Traction - Company on January 3 that the President and Secretary of sai 'Companye hereby authorized and instructed to exand deposit -forthwith, with the City Councint, Texas, and- with -:such_ official as may be rformal a.ecepta.nce in. the name of Beaumont Traction Company, ,s-Ignifying its-' acceptance of said f camchise , n accordance with. the terms and conditions thereof." I, the undersig @8 ary of Beaumont :'Traction Company,, hereby certify correct transcript from the 'Board of Directors t e egoing m t e re ords of a is a true and Special Meeting of of said Company, held on August 5, 1913, S. & N. nf. A.—A-502 5000-5-22-13 2. reasonable notice of said. meeti aving been given aild a quorum being present, as equi ed b the By—laws. WITNESS my hand nd he al of said Company this L7 day of August,. 1913. Secretary U W