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Home My WebLink AboutORD 34-A-3l AN ORDINANCE. Granting to the Texas & New Orleans Railway Company, its. successors and assigns, for a period of ten. years, the right and pri- vilege to construct and lay a track and operate its trains and cars thereon from the -south side of South Street along the western__ side• of Second Street to the south side of , Laurel Avenue, and also a track f Aq the south side of South Street in a northwesterly direction across South Street entering Lot 12, Block 1, Parkdale Addition, and prescribing the conditions thereof, BE IT ORDAINED BY T17, CITY COUNCIL OF TIF CITY OF BFAITMONT: Section i.. That the Texas and New Orleans ;Railway Company, be and it is , hereby granted the right and privilege to construct and maintain at its own expense a single, standard guage railroad track from the south side of South Street along the Western side of Second Street to the, south side of Laurel Avenue, and also a track from the south side of South Street • in,a northwesterly direction across South Street entering Lot 12, Block 1, Parkdale Additions It being understood and agreed that the track herein authorized to be laid from the south side. of South Street, thence along Second Street on the west side 'thereof to the south side .of Laurel Avenue is laid as - an industrial track for the purpose of reaching commercial and industrial enterprises located along; the right-of-way on whth said track is authorized to be laid and it is also understood and agreed that the track authorized to be laid from the- south side of South Street in a northwesterly direction across South S'6reet -to Lot 12, Block 1 of ;the Parkdale Addition' is laid for the purpose of an industrial track to reach commercial and 11'1' - dustrial enterjorises that may be located on such property between South Street and Laurel Avenue of said Block 1, Park - date Addition. Section 2. The grantee, its successors ' and assigns shall have --2-- the right to operate :its trains, engines and cars over said trackwhen done so to further the interests for which this grant is given, a, a stated in the latter portion of Section 1, hereof. Section 3. That the said ,grantee, its successors and assigns, .,shall be required at its own expense to construct and maintain suitable ditches and culverts. under its tracks herein authorized and to construct and maintain -good and sufficient crossings at the intersection :of such eros s streets crossed' by said rail- road tracks and to keep said street crossingsand streetsin such condition as not to unreasonablyin.terfere with public traffic thereon. Section 4.' That. said_ railway_ company shall be further required 'to construct and maintain said railroad track at the same grade or level 'as the established °rade or level, of said streets, so as. not to in anywise obstruct the use of - same by the public, and shall also within a reasonable time,, not exceeding after the c onstAiction of said railroad track, ballast said railroad track 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 CouncilQ in such manner that said track may be on a.l revel with said street„ Section S. The grant herein given is for a single track only; *Ns- 1-� said tracks:shall .be laid on the western side of Second Street, o -'As,•,. �:_.'e�, e � S and shallbe laid under, the direction of the City Engineer of the City of Beaumont, and should a dispute over said constructiol arise, the grantee, its successors and assigns, hereby agree to refrain from doing said work until the matter in dispute has been approved by the Street and Bridge .Committee of the City Council of the City of Beaumont; provided, that if said com- ;} ✓ fAl Ec- - --3-" mittee shall. sustain the contention of -the City Engineer in said matter, then the grantee, its successors and assigns, shall have the right to submit same to arbitration. The board of afbi trator s to be composed of one person selected by -the Street and Bridge Committee, one by the 'grantee, its successors or assigns, and the thikd by these two and the decision of said board shall be final as to both parties. Section 6. If the grantee, its successors or assigns, shall at any time during the life of this franchise discontinue the use of the trach for which this franchise is granted, for a period of thirty (30) successive days; this franchise shall then and there terminate and all the rights and j)rivileges herein granted ahall revelback .to the City, and the' grantee, its suc- censors or -assigns -hall-on-notice from the City Council re - more its track from -the streets, and if same is not done within thirty(30). days thereaf ter,. the City of Beaumont shall hate the right to do said work itself and recover of and from the defendant such amount as may be expended by the City of Beau- wont on said work plus ten percent addi-tional 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 percent shall be added as a. penalty, and the total of said amount shall draw interest ,from that date at the rate of ten percent per annum. Section.7* The foregoing right and privilege is especially granted upon the expressed condition that the said grantee its successors and assigns,. shal. ,within thirty (30) days after the passage and approval by the Mayor of this franchise, acting through its proper officer file with the City Secretary its L/ Ao —4— written -4—written acceptance •of, this ordinance, . depo siting with the City, Secretary the sum of and upon further condition 'that the -tracks to. be constructed hereunder shall.be completed within sixty (60) days from the passage hereof and on the failure of .the 'p,ran te' 6 its .successors and assigns, to file its acceptance, as provided herein, depositing the sum of �o� then this franchise shall, be mull and' void and become of no further -force nor effect. 'Provided, that the amount herein required to 'be deposited w;:th:: the City, Secretary^for the pur- pose of paying the cost of publishing this franchise as required by the City. -Charter 'and if said sum deposited is ' of a greater amount than is required .to pay for said publication, then the City Secretary shall refund 'such diff-erenc'e to ,said grantee, its succe ssors :.or--:as-si-gns, and,-- in :.case'. -said amount_ _is .not - sufficient, then the.,,City Secretary is required to obtain from the grantee, its, successors and assigns; such additional amount as i -s necessary, to pay for said -publication. Section 8. This ordinance shall ?o into effect andforce from and after its passage, approval by the: Mayor, filing of its p0 written acceptance and depo sit in,,,,,, of the . sum 'of � .p,�o- . vided in Section 7 hereof, andXveul publication as provided in the' City, Charter and shall continue for a period of ten(10) years thereafter. passed this, the : _.. fo "v day of A. _ D. 1912 unproved this the to day o 19 1. A I j .ATTEST: ayor. - ^,` ty Secretary. No Text C?aRTIFICATE OF PA SSAGE. Th`e Stat= f Texas B County of Jeff ers on A Sutton, City, Secretary, hereby certify that the attached- -'ordinance is true" - correct as passed ._by the City -Council on the" dad' of I)• 1911. as, same _.is;.,on- filo, in my. o3fice. ?'aitness my hand and seal of, office, this the day of _ .A ,' 'D'. 19110' City secretary... `i CF�RT,IFT_CATE OF TUBLICATION. The State' of,ej meas County_• of -. -Jeff ers_on. of the Bo.aumort .Journal, a: daily .newspape ished 'in, t`hA City 'of Beaumont,, Texas, solemnly swear he above', \ and foregoing _ordinance 5-.- r .was . publiahed, in the Beaumont Journal time', on to - wit i Beaumont'. Journal* Sowmi 't o,, and, subscribed before me, this theday of - A • D.- 1911. - - N tary 9ublic, Jefferson County Texas. �..1 Z 5 STANDARD Fon 1 C/ �e �i 9-11-5000 TEXAS & E ORI E A NS IZATLROAD COMPANY ' IN BE]PLY -=ABM H Bron TO ` y r W. U. YAW VT EO$ NO. VIOF P88flIDIDNT AND I AGB. . HOUSTON, TEAS, June, 16th -,1911. Mr.hmm.ett A.Ijetcher,Mayor, - — --Beaumorit,Texa.s. Dear Sir: In compliance with Section Seven of Ordinance passed and approved June 6th,1911,by,the.City of Beaumont,granting to the Texas eb New Orleans Railroad.Company the right to -construct a track on the South side of South St-reet,along the West side of Second Street to the South Side of Laurel Ave- ---nue,and -an additional track just -west thereof, -i- hereby= not-ify---you;as the --act of the Texas & New Orleans Railroad Coyapany,that said ordinance is accepted as written. - --your-s--truly. - - -- - - ---- - - - - ---_ -- - - - I FLED TMM TH1.SAY aF�:1., ..:. . G. SUT i Oil, 0 'R_ 06+Q v4inos Y nd .Vgvo,% jM ___•: T ' w W O � �1 T O 10