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HomeMy WebLinkAboutORD 14-YAN ORDINANCE GRANTING TO BEAUMONT WHARF AND TERMINAL COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE RIGHT TO MAIN- TAIN AND OPERATE A SPUR OR SWITCH TRACK OF STANDARD GAUGE OVER AND ACROSS AUSTIN AND NECHES STREETS -TO CONNECT ITS TRACK.WITH A SWITCH TRACK -ON THE PROPERTY OF THE: COALE LUMBER COMPANY AND TO OPERATE ITS TRAINS AND CARS THEREON FOR. TEN (10) YEARS; SAID SPUR OR SWITCH TRACK TO CONNECT WITH THE -MAIN TRACK OF THE SOUTH BRANCH OF SAID-BEAUMONT WHARF. AND .TERMINAL..COMPANY, _NEAR WHERE. IT -INTERSECTS- THE NORTH SIDE -OF AUSTIN STREET, AND TO RUN-IN.AN EASTERLY DIRECTION ALONG AUSTIN STREET TO THE NORTHWEST CORNER OF THE PROPERTY OF COALE LUMBER COMPANY, WHERE IT SHALL ENTER SAID PROPERTY AS SHOWN -BY RED LINE ON PRINT HECTO- ATTACH- ED, -MARKED EXHIBIT "A" AND MADE.A PART OF THIS ORDINANCE; ALSO PROVIDING.THAT--THE-RIGHTS AND PRIVIMGES HEREIN GRANT- ED SHALL BE ACCEPTED IN WRITING BY BEAUMONT WHARF AND - TERMINAL COMPANY WITHIN THIRTY (30).DAYS AFTER THE PASSAGE AND APPROVAL OF THIS ORDINANCE;; - ALSO - PROVIDING THAT BEAUMONT-WHARF AND TERMINAL COMPANY SHALL -PAY TO THE CITY OF BEAUMONT ANNUALLY ON OR -BEFORE THE FIRST.DAY OF JUNE OF EACH YEAR THE SUM OF FIFTY.DOLZARS ($50.00) As REASON- ABLE COMPENSATION FOR THE .PRIVILEGE AND FRANCHISE HEREIN GRANTED AND PROVIDING FURTHER THAT SAID FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS -OF THE SAID CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 That Beaumont Wharf and Terminal Company, its successors and assigns, is hereby granted the right and franchise to maintain and operate at its own expense over and along Austin and Neches Streets in the City of Beaumont a spur or switch track of standard gauge, said spur or switch track to turn out of the main track of Beaumont ' Wharf and Terminal Company near where it intersects the North line of Austin Street and to run in an Easterly direction to the Northwest corner of the Coale Lumber'Company's property, where it shall enter said property as shown by red line on print hereto attached, marked Exhibit "A" and made a part of this ordinance. - 1 - 7 X73 Section 2 The aforesaid spur or switch track shall.be used only asan industrial track; that is, for the purpose of affording loading,_unloading.and switching,facilities to commercial b and industrial enterprises now located or hereafter to be located in the vicinity of said track. Section 3 No cars of any kind shall be allowed to stand on the portion of said switch track which is in the public streets of the City of Beaumont. Section The Grantee hereunder shall keep. up and, 'maintain a crossing over said track satisfactory to the City Engineer of the City of Beaumont, and upon the failure of said Grantee at any time to keep said crossing_and said switch track in a condition satisfactory to the City Engineer, the City of Beaumont shall have the right to remove said track from its streets and collect the costs thereof from the Grantee herein. Section The foregoing rights and privileges are granted upon the express condition that said Grantee, its successors and assigns. -shall, within thirty (30) -days after the final passage of this ordinance, file with the City Clerk its written acceptance of this ordinance. 0 Section 6 This ordinance is. passed subject to the. Charter and ordinances of the City of Beaumont and all future charters and ordinances that may be passed thereunder. Section 7 As reasonable compensation for the rights and privileges granted by this ordinance Beaumont Wharf and Terminal Company agrees and obligates itself and its successors and assigns to pay to the City of Beaumont on or before the first day of June of each year after the taking effect of this ordinance, the sum of Fifty Dollars ($50-00- Section .$50.00). Section 8 This . ordinance. shall go into effect from and after. its passage, filing of the acceptance, and shall continue for a period of Ten (10) Years, unless annulled sooner as provided in said ordinance. PASSED By the City Council., this the day of -3- BL K. 69 �P ti� 0 \ �p Aus fin T(t B. W. s T. CO.'S SOUTH BRANCH T, Whom -w s/o• - I I I I COALE LUMBER CO. I ' � I • r� B.W. s T. I Vl STiC EXHIBI T 'A To Ordinonce From C/ T Y OF BEA UMONT TEXAS To BEAUMONT WHARF AND TERM/NAL COMPANY For Fronch/:se Rights {or Tack Across Neches .Sfreet At Beourr,or,/ .Te{{ei-son Coun/y Texas C.E.O. GAL VES TON , TEXAS NO✓EMBER 2/ , /95.z SCALE. /" _ /00' C.E.G. No. C - 2/- 20359 roved by — — FOR cw/EF ENG/NEER