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Home My WebLink AboutORD 8-Bis hereby granted the privilege to con.-struct-and maintain at its own expense for a period of years, a side or stivitoh track. of standard gauge over and along Railroad Avenue, Washington Street and Holmes Avenue, in the City of Beaumont, and to operate its locomotives, cars and trains 'thereon frorra a point breaking out of the present northerly leg of the veye track of the Texarkana and Fort Smith Railway COmpany in Railroad Avenue at a point 5 feet more or less southerly from the southerly line of College (}venue and measured along said wye track; Thence southeasterly, 28 ft more or 1 ess to a point in 'the easterly line of Railroad Avenue 29 feet more or less southerly from the southerly lin-- of College Avenue, Also, from a point in the northerly line of Washington Street 28 feet more or less westerly f rom the westerly line of Holmes avenue; Thence easterly on a curve to the lett having a radius of 33 feet, more or b se, a distance of, 90 feet more or less, to a point in the easterly line of Holmes Street 25 feet more or less southerly. from the southerly line of Lot 33, Block 4, Van ;l'ormerfs Addition to .the City of Beaumont, and which has been conveyed to the 911ty of � Beaumont by a deed dated April 244th. 1916, for use foe street purposes. AN ORD INANCE Granting to the Texarkana and Fort Smith Raillway, ' its s ce sorq and assigns for a period of t �e X years, the right and privilege to construct and lay a side or svvitch track partly bn and across Railroad Avenue, Waahington Street -and Holmes Avenue, in the City of Beaumont, and to operate its trains and pars thereon. Said side or switch track to break from the ivain track of the Texarkana and Fort Smith, as r_aw laid on Washington Street at a poir_t , East of Holmes Avenue, and running West across said Holmes Avenue U C� in a curve South as to strike th6 Westerly lirse of Washington Street at a point 4128 ft. West of Holmes Street, and running upon private property / in a nowthwesterly direction to Railroad Aver_ue;L Thence into Railroad Avenue 2S ft. or more to a point '' U where it strikes the present track of the, Texarkana `'0 r and For Smith Fail ray* Company at a point 5 ft. �� q more or less from the southerly line of College Street. �� J:D Ri IT ORDAINED BY THE CITY COUNCIL 0? THE' CITY OF BEAUUONT: U. Section 1. That the Texarkana and Fort Smith Railway 06mpa;ny, is hereby granted the privilege to con.-struct-and maintain at its own expense for a period of years, a side or stivitoh track. of standard gauge over and along Railroad Avenue, Washington Street and Holmes Avenue, in the City of Beaumont, and to operate its locomotives, cars and trains 'thereon frorra a point breaking out of the present northerly leg of the veye track of the Texarkana and Fort Smith Railway COmpany in Railroad Avenue at a point 5 feet more or less southerly from the southerly line of College (}venue and measured along said wye track; Thence southeasterly, 28 ft more or 1 ess to a point in 'the easterly line of Railroad Avenue 29 feet more or less southerly from the southerly lin-- of College Avenue, Also, from a point in the northerly line of Washington Street 28 feet more or less westerly f rom the westerly line of Holmes avenue; Thence easterly on a curve to the lett having a radius of 33 feet, more or b se, a distance of, 90 feet more or less, to a point in the easterly line of Holmes Street 25 feet more or less southerly. from the southerly line of Lot 33, Block 4, Van ;l'ormerfs Addition to .the City of Beaumont, and which has been conveyed to the 911ty of � Beaumont by a deed dated April 244th. 1916, for use foe street purposes. as is shown by red line on blue print hereto attached and made a part hereof. Section 2. The grantee, its successors and assigns will have the right to operate trains, engines and cars over said track Section 3. - That said grantee, its -successors and assigns shall be required at its own expense, to construct and maintain.such ditches and culverts for the purpose of properly draining its said track as may be reasonably required uder the direction of the city engineer. Section 4, That the grantee, its successors or assigns shall be further required to construct and maintain said railroad track at the same grade or level as the established grade or level of said streets over which they are lairs, so as not to in anywise obotruct the use of same by the public. Section 5< The foregoing rithts and privileges are especially granted upon express condition that said grantee, its Guccessors or assigns shall, within thirty (30) days after the passage of this franchiser acting through the proper officer, file with the City Secretary its written acceptance of this ordinance, and upon the further condition that the track to be constructed herein shall be completed within one hundred., twenty (120) days from the final passage and acceptance hereof, and upon the failure of the grantee, its successors or assigns to file its acceptance as provided for herein, then this franchise shall be null and void and of no further force nr effect. Section 6. If the grantee, its successors or assigns, shall at any time during the life of this franchise discontinue the use of the track for which this frenohise is granted, for a period of sixty (60) consecutive days, this franchise shall then and there terminate and all the rights and privileges herein granted shall revert back to the City, and the grantee, its successors or assigns shall, on notice from the City Council, remove its tracks from the streets, f3 and if same is not done within sixty (60) days thereafter the City of Beaumont shall have the right to do said work itself, anal re= cover of and from the grantee, its successors or assigns, such amount as may be expended by the City of Beaumont on said work, plus ten per cant (1,0%) additional 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 per cent (10%) shall be added as a penalty, and the total of said amount shall draw interest from that date at the rate of ten per cent (10ja) per annu.ma Section 8. This ordinance shall go into force and effect from and after its final passage, the filing of the written acceptance as provided for in Section 6 hereof, and lawful publ.ioation, as pro- vided for in the City Charter, and shall continue for a period of a,:4--� -t-y to ) years there_ after. _ -M.:a, t : TEYARRANA & FORT SMITH RAILWAY COMPANY. _ HIGHTOWER, ORDAIN & BiJTLER LEGAL DEPARTMENT ATTORNEYS FOS ORANGE,' JEFFERFON AND NEWTON COUNTIES, TEXAS EEAUMONT, TE%AS January 12, 1918. IN RE: Franchise. T & F S Rya CO. Washington and Holmes Ave. Mr. J. G. Sutton, C i t y Dear Sir We herewith enclose to you a form of the proposed ordinance desired by the Texarkana file and Fort Smith Ry. Co. Please/it as a pending matter to come before the next meeting of the - council. E n c . Very truly yours, _C OF ti m S U E17Y O fl al's +• t 'Y�- ° � � at .�� 7a=, ,tet'., "`' ..__, r farm ash—im-1•I�