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Home My WebLink AboutORD 9-CA T a Ali ORDINANCE, Granting to the Texarkana&Ft. Smith Railway Company, its successors or assigns, the right and privilege ,. to construct, lay and maintain a standard guage railway, track, over, upon and across l;iain Street, in the City of�l��. Beaumont, Jefferson County, Texas, and to operate its txains and cars thereon for a period of ears, saidstandard guage railway track to be laid over and upon said Main Street, the center line of said Standard Guage Railway track to begin at a point on the southwesterly line of lot No. 548 in block No. 3 of the Original Town of Beaumont, which point is five and one half feet from the southwesterly corner of said lot No. 548; thence southwesterly over upon and across the entire width of said Main Street, to a point on the north- easterly line of lot number 134 in block No. 10 of the Original Town of Beaumont which point is five and one half feet distant from the northwesterly corner of said lot No. 34 as shown on blue print attached hereto; prescribing conditions to be fillf ille d before said Ordinance shall go into effect, prescribing the conditions to be complied with by the grantee and providing for revocation of this franchise in the event of failure of grantee to comply therewith, and providirlg the time limit for the construction of said track. BE IT ORDAINED BY THE CITY C OURC II, OF THE CITY OF BEX LIONT, -SECTION OVE-- That the Texarkana & Ft. Smith By. Co., its success- ors and assigns is hereby granted the right and privilege to construct, lay and maintain at its own expense, a standard guage railway track over, upon and across Main Street in the City of Beaumont, Jefferson County, Texas, and to onerat�__ ` 1 Ga,-'c��j &t. its trains and cars thereon for a pexiod'Of years, l said standard guage railway track to b;e layed over, upon and across said Main Street, the center line of sei d standard guage railway tract' to begin at a point on the soutiiwesterly line of lot number 548 in block number 3 of the Original Town of Beaumont, which point is five and one half feet from the southwest corner of said lot number 548; thence southwesterly over, upon and across the entire width of said TViain Street to a point on the northeasterly line of lot -numbe.r^34 in block number 10 of the Ortginal Town of Beaumont, which point is five and one half feet distant from the northwesterly corner of said lot number 34. b �W" a -SECTION TWO-!- This WOMThis standard guage railway track is to be - constructed, 1-gMd and maintained under the terms of this ordinance and shall be used only as .an ' industr ial track. It being understood'that the construction of sai d 'track is only for .the purpose of reaching commercial and industrial enterprises located along and near said Mai n Street.-. - SEC T IO.0 THREE - The foregoing rights and privileges, are grated upon the express condition that said -grantee, i'ts successors, or assigns, shall, within thirty (30), days after the final passage of this ordinance, file with.the City Secretary of the City of Beaumont, its written acceptance of this ordinance. -SECTION FOUR- . The foregoing rights anal privileges .are granted upon the further express condition that se:i d grantee, ^its sue*, cessors, or assigns, shall, within sixty (60) days after the track herein contemplated shall have been conspructed, laid and completed, as hereinafter provided in Section Five hereof, take -up and remove at its own expense that certain switch or side track -now o=ned and operated b.y . the gre.ntee herein, -over , upon' and across certain portions of Washington Street and Blain Street in the City of Beaumont, Texas, same being a standard guage railroad track breaking out of the main track of the Texarkana & Ft. Smith Railway Company; at a point approximately twenty (20)•feet easterly from the easterly line of'Pearl Street and. extending in 'an easterly, direction'.alongthe southeasterly side .of said. main track along, Washington Street and across Main Street, to the Southeasterly line of Washington Street in block No. 3, of the Original Town of Beaumont.; said; track being a part -of the present track serving the Atlantic Rice dills Company. -SECTIOY .FIV.E- Unless .the grantee, its successors -or assigns, after it accepts this ordinance, shall construct, lay and have com- (? 2 17 pleted- the track herein contemplated, within six (6) months after the final passage, acceptance and publication of this ordinance, the same shall be null and void, and of no' force and. effect. --SECTION SIS - This ord.inence is passed sub ject..,to all the terms and providions of the present Charter and Ordinances of the City of Beaumont, and subject to any terms and provisions of any new charter which the City may adopt, (or any new ordinances which it may pass relative thereto. 7 -SECTION ' SEVFN- It is e�pressly understood and agreed that the grantee shall, during the term of this franchise, maintain �a�roG - tha track or tracks hereunder in a condition stAisfac-- t ory. to the City Council of the City 'of Beaumont, and in acaordanee with any requirements of the City Council. It is -f 'L. tr further understood that in the event the track or tracks lave -d under this franchise are uns6tisfactory/Itb the City Council of the City -of Beaumont, said grantee shall be. notified in Yrr iting thereof, and shall, within five day s,/)compl with the require-- ments setforth in said wr itten not ice , and in. the e vent that said grantee shall fail or .refuse or fail and refuse. to' comply therewith, all rights granted under this franchise shall cease and this franchise shall be null and void and the. grantee shall have no further rights whatsoever to. operate over said track or tracks under this franchise and the City, at'the option of the City Council, shall, have the right to remove said tracks or 'if it elects, to remedy them, and. the cost thereof .sball be charged against the said grantee and. s -hall be paid to the City of Beaumont by the said grantee, and in the event' of the failure o.f ' the said grantee to pay said expense of repairing or removing said track or tracks vAthin thirty (30) da s4 the City shall have the r ight t o br ing suit .for the amount of . the expense and cost ofnremo ing said tracks in any court of competent, juris-» diction': It ie .further expressly agreed and understood that in the event this Franchise shall be used f or any other puiposes'than those herein set forth, or if at_ a � ,d��:�:�,.��►-;ti�� ,��,� � -low/�. ��, time,, shall be sold, • assigned- or leased, of if same in any wa'y ch€rges onnership, that this Fxanch.ise shall become null and void'.- --SECTION- NINE------- This Ordinance shall Ito into full force and effect from and after ,its passage, filing of acceptance and publication, and shall continua i4 full force and effect for a per iod. of yeaxs thereafter, unless same is revoked by the City Council under the conditions set forth in seetiola "seven. - Passed this the day of `/�/ A.D•1�16. Approved tris 'the "t7ay of&;L/1-'_A-D.'l9l6. a� T07 Attest: City Secretar:v FILED ON THIS THS J. G." SUTTON- aw SfCwFiA-V Ei.37sSP:t:� .'ri:Sl S'+i�1'6LNr�V Beaumont, Texas, r h,1916. Hon. ?iay or & City Council, Gentlemen: City We, yo= Ordinance Committee, to whom was referred the attached ordinance, beg to report that we have di. ly considered sante and recomnn nd that it be adopted. Ordinance Committee. AN ORDINANCE. An ordinance granting to the Texarkana & Fort Smith Railway Company, its successors or assigns, the right and priv- ilege to construct, lay, and maintain a standard guage rail- road track over, upon, and across Main Street in the City of Beaumont, Jefferson County, Texas, and to 'operate its trains and cars thereon for a period of twenty-five (25) years, said standard guage railroad track to be laid over, upon, and across said Main Street, the center line of said standard guage rail- road track to begin at a point on the Southwesterly line of lot No. 548 in block No. 3 of the original town of Beaumont, which point is five and one-half (5 1-2) feet from the Southwesterly corner of said lot No. 548; thence Southwesterly over, upon, s� and across the entire width of said Main Street, to a point on the Northeasterly line of lot No,, 34 in block No. 10 of the ori- CL�� ginal town of Beaumont, .which point is five and one-half (5 1-2) as_ shown__o.n_ _blue _�rint_attached hereto _ 'feet distant from the Northwestibrl corner of said�7, i��.� , _ prescribing the conditions to be fulfilled before said ordinancO shall go into effect, and the time limit for the construction of said track, BE IT ORDAINED BY THE CITY C OURC IL OF THE; CITY OF BEAUMONT:- The Texarkana & Fort Smith Railway Company, its suc- cessors, and assigns, is hereby granted the right and privilege to construct, lay, and maintain, at its own expense, a standard guage' railroad track, over, . upon, and across Main Street in the City of Beaumont, Jefferson County, Texas-, -and to operate -its,""Il__,- � "- trains and oars thereon for a period of twenty-five (25) years. said standard guage railroad track to be laid over, upon, and across said Main Street, the center line of said standard guage �, i as FILED ON �T Lxc H track to bpoipEatoN jjoATkS -gnjgj he Southwesterly line of 10 OF-�� -1Q�� QF J. G. SUTTON. G. SUTTON CITY SECRETARY �o/� CITY SECRETARY By BY Asalatnnt City Sec:etnrF Anc!ctect .i•t;&oaratau� lbt, No. 548 in block Wo.,3 of the original town of Beaumont, which point Is five and one-half (5 1-2} feet from the South- ! west corner of said 'lot No, 548; thence Southwesterly over, upon, and across the entire width of said Main Street, to a point on the'Northeasterly line of lot No. 34 in block No. 10 _ of -the- original- town of Beaumont; whioli point- is�five �=and =one- .- ..-half, =(5- 1-2) • feet distant from the Northwesterly corner -of said" lois No 34; SECTION IL, This standard guage railroad track-to.be constructed, laid, and maintained under the. terms _and conditions of this ordinance, shall be -used only as an industrial track, it being, understood that the construct ion of, said track is only for the pirpose of, reaching c,ommerc ial and industrial enterpvises lo- cated along, and near said Main Street, SECTION III, The -foregoing rights.and privileges are granted upon the .express condition that said grantee,'its ouooessors, or assigns,shall, within thirty '(30) days after the final passage of this ordinance, file with the -City Secretary of the C.itg of Beaumont, its written acceptance of this ordinance,, SECTION.IV, The. foregoing rights'and.privileges are granted upon the further express condition that said grantee,.its successors, -,or assigns,.shall,_.within sixty(60) dans after -the track herein Qontemplated shall have been construoted,.laid, and completed, " r as hereinafter provided .in Section V, hereof, take up and re- move at its own expense that certain switch or side track now owned and operated by the grantee -herein, over, upon, and across certain portions of Wahhingt'on _Street and ]fain Street in the City, of Beaumont, Texas, same being a standard guage railroad track breaking out of the main track of the Texarkana . D,Fort Smith Railway Company, at a point approximately twenty (20) feet Easterly from the Easterly line of Pearl Street, and ex- tending in an Easterly direction along the Southeasterly side of said taain track along Washington Street and across Main Street, to the Southeasterly line of Washington.Street in block Ng.3 of the original tovm of Beaumont; said track being a part of the. present track sewing the Atlantic Rice Mills Company, SECTION V. Unless the grantee, its successors, or assigns, after it accepts this ordinance, shall construct, lay, and have com- pleted the track herein contemplated, within six (6) months after the final passage, acceptance and publication of this ordinanoC,'the same shall be null and void, and of no force and effect. SECTION V1. - --- -- - - ------ This ordinance is passed subject to all the terms and provisions of the Charter of the City of Beaumont. SECTION VII. This ordinance shall go into effect from and after its passage, filing of acceptance and publication, and shall con- tinue in full force and effect for a period of twenty-five (25 ) years thereafter, PASSED this the day of September, -A. D. , 1916. APPROVED this the day of September, A. D., 1916. Mayor 0,f the City o eaumon , exas. ATTEST: Necre ary of City of Beaumont -,--Texas. -4- - Beaumont, Texas, August 1916. TO THE. HONORABLE MAYOR AND. CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS -.- We, your Ordinanoe,Committee,- to whom the above attached ordinance, was referred for consideration, beg leave to report and recommend that said ordinance do -pass. 0 S UOM T-TESS