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HomeMy WebLinkAboutORD 39-A-3lu t A N 0 R D I N A N C F. Whereby the City Council of the City of Beaumont grants to the Beaumont Wharf & Terminal Company, its succegsors and assigns, the right to lay its railroad track and operate its railroad over, upon and across Franklin Street ?Rrithin the corpor- ate limits of the City of Beaumont, and imposes certain conditions in respect thereto. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: SECTION 1. That the Beaumont Wharf & Terminal Company, in ,its own right and the right of its successors and assigns, is here- 'by*granted the right of way for and authority to lay, construct, own2 maintain and operate its railroad and railroad tracks over, on and across the following street, within the City limits of the City of Beaumont, as follows, to -wit: On, over and across Franklin'Street, beginning at a point where the southern boundary line of the right of way of the Beaumont Wharf & Terminal Company intersects the North line of Franklin Street; thence in a southeasterly direction across said Franklin Street to a point in the South line of said Street where the South line of said Street is intersected by the"North Eastern - property line of the property of the Beaumont Gas Light Company, as more -fully shown by the map hereto attached, marked "Exhibit All and made a part hereof. --- - -__- - - - - SECTION 11. The obligation is hereby imposed upon the Beaumont Wharf & Terminal Company, its successors and assigns, to surface said track'laid and constructed on and across said Street, to grade to the level of said Franklin Street with sand, crushed rock, shell, brick or other suitable material as the City Council may require and direct from time to time; and in the event that at any time the City may undertake to construct public sewers underground intersect- ing such track, the Beaumont 7harf & Terminal Company binds itself, and it is hereby obligated to pay for so much of said sewerage that underlies such track intersected by such public sewers, and the said Beaumont Wharf & Terminal Company likewise shall be liable to construct, build and maintain such ditches and culverts as may be directed by the City.Council to properly drain such portion of said Franklin Street occupied by the said crossing of the Beaumont 111harf & Terminal Company, and to do and perform all and every act and thing required by the Charter of the City of Beaumont and the ordinances duly passed by. the City Council regulating the laying, constructing and maintaining of railroad tracks in -said City -of Beaumont. - SECTION 111. The rights, authority and privileges hereby ordained and granted to the Beaumont Wharf & Terminal Company, its successors and assigns, shall subsist and be v in said Company, it's success ors and assigns, for the period of ($0) years from the date of the final passage hereof by -the City Council. The said Beaumont Wharf & Terminal Company shall, within thirty days of the final passage of this ordinance, file with the City of Beaumont all,' instru- ment in writing accepting the benefits of this ordinance, upon and subject to the terms hereof. - SECTION 1V. The provisions of this ordinance shall take effect and be`"M force, subject to the conditions thereof,°" -f om and after its final passage and acceptances�- Passed by the City Council this the day of A. D. 1911. Approved by the Mayor, A. D. 1911. ATTEST: ity Secretary. this the C5 day of or. CERTIFICATE OF PASSAGE AND PUBLICATION. THE STATE OF TEXAS. COUNTY OF JEFFERSON. I, J. G. Sutton, City Secretary, hereby certify that the above and foregoing ordinance was passed and duly adopted by the City Council of the City of Beaumont,.Texas, at T egular session held the day of A. D. 19111{far manner of its passage see Minute Book, Vol, page ); and that said ordinance was duly published, as required by law and the Charter of the City of Beaumont, one time in a daily newspaper published in Beaumont, Texas, to -wit, on the day of A. D. 1911, in the day of Witness my hand and seal of office this the A.D.1911. City Secretary. REPORT OF COMMITTEE. THE STATE OF TEXAS. COUNTY OF JEFFERSON. This d ay of 1911. TO THE HONORABLE MAYOR AND CITY COUNCIL: CITY OF BEAUMONT. Gentlemen: - Your Ordinance Committee, to whom was referred the pro- posed ordinance granting the Beaumont Wharf & Terminal Company the right and privilege to construct, maintain on and operate its railroad track over and across Franklin Street, in the City of Beaumont, as shown by the proposed ordinance hereto attached, marked "Exhibit B" and made a part hereof, beg to report that, after duly considering said proposed ordinance,' we recommend that it be duly passed and adopted by this Council. Ordinance Committee. 11.0 W & T C, 011 eaurnont, Texas, July 19, 1911. _..r • :T C Suti c on, City Cecretary, - ae8.uimont, Texas. Dear SirThis acl_-no-,:ilecl:~es receipt of copy of Ordinance r,-, it anc'hise to t' -e Beaumont illar ' & Teryninal Co- pail%, a110z;linr; 1118 1 T Co. t -l -e rir;1_t to lair its railroad track «d o-nerate its railroad over and across1ranklin Street. This is to advise you tIl-at the tems ,.-nd conditions of said ordinance arc satisftctory and t1' at same io, accept gid. Yours t rul l-, Viceresi _zt e Sup rintsndent. LTLa L r Beaumunt, Texas, Jun e 20:'- h, 19110 To the Honorable yayur andCity Council, Beaumont, T e x a s, Gentleman: - We, your Ordina me Corsmittee,• t o whom was referred the atta'heed ordinai}ce granting a franchise to the Beaumont Wharf and 'Termin:a Company, beg to report that we have carefully considered same and ree.onmend its passage With the exception of the term of years that this franchise has to run, which we recommend be ten (10) years- instead of fifty (50) years,, We further rec ama end that the Beaumont Wharf and Terminal Company deposit wi th the 'City Secretary the sum of $25400 to cover the cost of publishing sa d franchise, and the am unt in excess of the cost to be refunded sd.d company. Respectfully submitted FILED TRIS TEL—sz5-1. DA Y I q. ............. ... . . SUTTON, CITY SECRETARY. 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