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HomeMy WebLinkAboutORD 15-BRa AN ORDINANCE WhIereby the, City. Council of. the City of Beaumont grants to the TEX RKiN'A & FT. SY1ITH RAILWAY COMPANY, and the GULF, COLORADO & SANTA FE RAILWAY CONPA14Y jointly;, and their, successors and assigns, , the .right to :construct, .maintain, and operate a railroad track,connecting their existing track, which ,is now, constructed aloliig, Railroad Avenue,, and a branch track leading away, from the track on Railroad .Avenue from its. west side, and.whch said desired track begins at a point in the track on 'Railroad Avenue .:ab -out 100 feet South of the intersection of Forsythe .Street and Railroad Avenue on the west side of.Railroad Avenue and said branch line; -thence across -Forsythe Street to Lot 12, to Block 67; thence , across the alley between.Forsythe and Fannin Streets t.o Lot 1. in, Block.. 67:, -thence across Fannin -Str.,eet to . Ld.t 12 in Block -.56;. thence across the alley between Fannin and West Bowie Streets. to .bot 1 in Block 5'6,;' and thence across Bowie Street _to Lot 11 in Block 55, Van Wormer Addition to the City of Beaumont, connecting said ,track with -said, branch line, and imposing certain conditions and, duties in respect .thereto. BE IT ORDAINED BY THE CITY = COUNCIL OF THE "CITY OF, BEA WONT Section�l.. That the TEXARKANA' & 'FT. SMITH RAILWAY COMPANY and the GULF., COLORADO & SANTA FE.RAILWAY COLIPANY jointly, their,successors and assigns are, hereby granted the, right, of. way for, . and -the authority to construct, own, maintain, and` operate' a railroad tr.ack,,,,:which".shal- l begin and will spring- fr'om,- the west side of` the track now on' Railroad..Avenu-e.'about 100 feet South of the' intersection of Railroad AVenue. with'Forsythe Street; thence Northward on the west-, side' of.'the. track on -Railroad Avenue across Forpythe Street to Lot 12.in Block 67; thence..Northward on said Lot 12, across the alley between Fannin and Forsythe .Street to -Lot 1 in said Block; thence North ward on said lot -and across Fannin Street, -to Lot , 12 in Block 56; thence Northward on said. lot across the alley between Fannin and Bovie Streets to Lot 1 in Block '56 ; thence Northward or_ said lot ' and across West Bowie Street 'to lot-11)'in Block 55 in Van Wormer Addition to 'the City, of Beaumont, as, shown by, map hereto attached, marked+Lhibit and made a part 'of this ordinan'c'e, .and where • said' track will make connection with a. certain branch line of the GULD, COLORADO & SANTA FE RAILWAY COMPANY leading from said ' track on. Railroad .Avenue Northward by this point. 6.9 Section; :11 This `gr ah. t i s made sub j e"ct . to' the; same terms "and: condition imposed upon the said TEXARKANA '& FT. SMITH RAILWAY COMPANY and the said GULF, COLORADO & SANTA FE RAILWAYCONPANY; by, the" .City. •C,ouncil '.of- the City, of Beaumont; in ordinances granting each*of said Companies' the, right to. lay their .respactive tracks,, and oper-ate. their respective railroads over, along, upon and .acr'oss• certain public streetsalleys., 'avenues, and highways within the corporate limits .of. the City of Beaumont, and also subject 'to ,the provisions' of the Charter regulating, the construction, maintenance,.. and operation of railroad tracks, within the. corporate lim i t -s of 'the s d'i d City'.^ : _ Section,'' 1 The. rights -herein-granted- to the . TEXARKANA'& FORT SMITH RAILWAY- . COMPANY and the ' GULF;. COLORADO & SANTA FE - RAILWAY CON PANY , their 'success= ors and'm assigns, are granted for, a period of •' thirty (30)• years from the date of the passage of this ordinance. Section lV.: : The grantees herein, agree and.bind themselves -to d:o: and 'per- form the following in addition to what has been herein provided, to -wit: ' , (a) To restore said,.'above menti.oned streets. .,to such. •condition as they may be directed. to do. by 'the Street &-Bridge Gom.mittee and the City Engineer, of .the .City of Beaumont.. (b). Tp .construct,, build and maintain such. drains across said,' streets and under said .railroad tracks from time to time as' may .be re quired by the City Engineer of,said City. : (c) Uponbeing notified by the Mayor of the City of Beaumont,. to conform the tracks to .the street level, to repair the track, or to de -pair' that part of .the' street upon'which the said track'is' laid, -to immediately complyywith said notice, and failing to begin work bona fide within ten (10) days after the receipt of ,�sueh notice by the Mayor as aforesaid, the. .privileges herein granted shall be forfeited, and the City of Beaumont shall' have the.=right .to remove, or cause', ,to be removed, the said track without -any action in. any Court, and without liability for such action on. the part 'of.. the City. No Text 01 o ' r l AN ORDINANCE Whereby the Citir Colxncil of the City of Beaumont grants to the TMARKANA & FT. SKITH RAILWAY CM.IPANY-, ' and the GULF COLORADO & SA'bTTA: FF RAILWAY COMPANY -j ointly, -and 'their successors -and assigns t'qe right to construct, maintain, and operate a railroad track con- ` necting their existing track, which is now constructed along Rail - toad Ave.;, and a branch track leading away from the track on Rail- road Ave. from its west side, and which said desired track begins at a point in the track on Railroad Ave. about 100 :Feet 'South of S� the intersection of Forsythe and Railroad Ave. on the west side of Railroad Ave. and said 'branch line4r s Forsythe St. to'Lot 12 in Block X97; thence across the alley between Forsythe and Fannin St. to lot 1 in Block 67; thence across Fannin St. to lot 12 in Block 56; thence across the alley' between Fannin and West Bowie.Streets lot 1 in Block' 56; and thence across Bowie St. to lot in Block 551 Van Wormer Addition to .the Cit' of Beaiunont, connecting e.�.r'�'���-�;-<<- yf� with said branch line, arid. ,imposing certain conditions and duties in respect thereto. .33E IT ORDAINED BY THE CITY COi74CIL OF T.HB CITY OF BEAMMONT Section 1. That the TEXARKANA & j'T. MITH RAILWAY COMPANY and the GULF,COLORADO & SANTA FE RAILWAY COMPANY jointly, their successors and assigns are hereby granted the right of way for, and the author - it -r to construct:, :own, riaintain, -and: operate; a.- railroad --track, which shall begin and will spring .froin' the west side of the track novo on Railroad Ave. about 100 feet South of the intersection of Railroad Ave. with F.+orslyth St.; thence Northward on the wast -side of the track on Railroad Ave. across Forsythe St. to Rlot.12 in Block 67; thence Northward on said lot 12, across dihe alley between Fannin said and Fors -'the St. to lot 1 in Block; thence Northward on said lot, across Fannin St. to lot 12 in block 56; thence Northward on said lot across tine alley between Fa~7�ri� llc; Bowaa Sts . to lot 1 in Block 56; t,nenco. on said lot Aacross west Bowie St. to lot, lit r� 0 RDI / 5 r,7- a 1, 8' --l7in Block 55 in Sian Wormer Addition to the City of Beaumont, as shown i map. hereto- attachedV marked. Exhibit. "A.", emd. inade apart .of this ordinance, and where said track will make connection with a certain branch line of the Gulf COLORADO & SANTA FE RAILWAY COMPANY leading from said track on Railroad Ave,. Northward by this point Section 11. This grant Is made subject to the s wTie terms and condition Imposed upon the said TMARKATTA' & FT. SMITH RAILWAY COMPANY and the said RULE, COLORADO & M\TTA FE RAILWAY COMPAIP; by the Gity Council ,of th6 City of Beaumont; -in ordinances granting each of said .Corapan- ies the right to lair their respective ti^acks, and operate their rex- spective railroads over, along, upon, and across certain public Streets, alleys, avenues, and high. -ways within the corporate limits Of the City Of .Beaumont,', and also subject to the provisions of the Charter regulating the constructionrp maintainence, and operation of railroad .tracks within 'the corpo .rate .limits of the said City.- Section ity.Section ill. The provisions of this ordinance shall take effect, and be in force subject to -the conditions thereof, from and after its 1 final passage. r 0 RDI / 5 r,7- a 1, 8' --l7in Block 55 in Sian Wormer Addition to the City of Beaumont, as shown i map. hereto- attachedV marked. Exhibit. "A.", emd. inade apart .of this ordinance, and where said track will make connection with a certain branch line of the Gulf COLORADO & SANTA FE RAILWAY COMPANY leading from said track on Railroad Ave,. Northward by this point Section 11. This grant Is made subject to the s wTie terms and condition Imposed upon the said TMARKATTA' & FT. SMITH RAILWAY COMPANY and the said RULE, COLORADO & M\TTA FE RAILWAY COMPAIP; by the Gity Council ,of th6 City of Beaumont; -in ordinances granting each of said .Corapan- ies the right to lair their respective ti^acks, and operate their rex- spective railroads over, along, upon, and across certain public Streets, alleys, avenues, and high. -ways within the corporate limits Of the City Of .Beaumont,', and also subject to the provisions of the Charter regulating the constructionrp maintainence, and operation of railroad .tracks within 'the corpo .rate .limits of the said City.- Section ity.Section ill. The provisions of this ordinance shall take effect, and be in force subject to -the conditions thereof, from and after its 1 final passage. 9 6S The State of Texas ) ) County of J'efferson.) __- -- To the Honorable Mayor and City Council of the City of Beaumont, Gentl emen: -- Your committee, to whom was .referred t1ie proposed ordin- ance granting the Texarkana & Ft..'Smith Railway Co. and the Gulf, Colorado & Santa Fe Railway Co., jointly- and their successors and. assigns the right to construct,lmaintain, and operate a'switch track beginning on the West side of R.. R. Ave.- about 100 feet South of the intersection of said R. R. Ave. with Forsythe St.;..thence Northward - - .along- R. -R. :Ave. -across- Far--svthe-.S-t-. _-to. 1-ot_ 12 in -Block- V thence acres --,the alley between Forsythe St. and Fannin St. to lot 1 in Block thence across Fannin St. to lot 12 in Block 56; thence a- cross the alley-betwe�in Fannin St. and West Bowie.St. to lot 1, in Block 56;and thence across Bowie St. to lot 11 in Block 55, . Tan Wona er Addition to .the City of Beaumont, as shown by proposed ordinance and .iiap hereto attached, marked Exhibit "A'! and "B", respectively, and made a part of this report, beg to report that your committee has duly considered said proposed ordinance and recommend that the sane be duly adopted and passed by this Council. Respectfully submitted-, on this 3rd da*%;, of March, A. D. Whereby :the City ,Council .of /the City -,of `;Beaumont grants. " to -the TEXARKANA 8c "FT SMITH ' RAI.%WAY C A22PANY, and the GULF, .COLORADO & SANTA FE:RAILWAY C0.IIPANY.jointly, nd their successors and assigns . the right to c ons u i' 4 r 1 n- g c tr ct, ma ntain, anal operate a rai road track co necting their existing track,' which is'now constructed along Rail- road Ave., and a br.an�h track leadi g!away from -the track .on Railroad Ave. , from its west side, , and which said desired 'track begins at a point in <the track on Railroad Avej. , about 10.0 feet South of the in-, ter.section of -Forsythe Street and/Railroad Ave. 'on the west side of Railroad Ave . and said branch line';, thenceacross Forsythe: St. -to Lot 12 in Block- 67;, thence across 'the alley between Forsythe and Fan- nin St.' to,lot 1 in Block 67 thence across Fannin St. to lot 12,in'' Block 56;,. thence. across the- alley .between Fannin and West Bowie Str- .eets to iot 1 in Block 56; and, thence across Bowie St., to lot 11 in Block 55, Van Wormer, Addition to the City�.of Beaumont, connecting said ttack with said=branch'line, and imposing.certain conditions and duties in respect thereto. BE IT,- ORDAINED- .BY THEW CITY' COUNCIL OF 'THE ' CITY OF BEAUMONT Section 1 That the TEXARKANA &.' FT,. , SMITH RAILWAY COMPANY, and .the GULF,, COLORADO 8c SANTA FE -RAIL* COKPANY.Jpintly, their. successors and assi*gris are hereby granted the right of way for, _,and the author ity to construct., 'own," maintain',` a�d.operate .a railroad track; which shall begin. and �wil1 "spring frmm' tie west ,side of . the track now on Railroad Ave. about '106 .feet South sof the.. intersection' of Railroad =Ave. with, Forsythe . St.,; thence Northwardon the west- si;de..of .the ..track on Rai*oad Ave. across Fordythe St. to�lot 12 in Block.67; thence North- ward ori said lot :'12)- acr,o'ss, the; alley between Fannin and Forsythe St. to lot 1 in said Block-, thence North*ard on said lot and across Fannin St. to lo.t 12 in Block 56; the,'nce Northward on said lot across the alley between Fannin and Bowie Street's to lot. 1 in.Block 66; thence, Northward. on 'said-*lot'.and acrosswest,.Bowie St.': to .lot 11. in Block 55 in.Van Wormer,.',Additlon to� the City., of Beaumont, as shown 'by map hereto attached, marked Exhibit "A", and made a part of this. ordin- ante, and where said track will- make. eonnecj�ion with a -,certain -2 - branch -line 2 -branch line of the GULF, COLORADO , &ISMI.-TA FE RAILFfAY CO hWY leading from said"track `on Railro'a'd --Ave. Xofthw- ,ard by this point.. ' Section 11 Thi sgrant is made sub ect to .the- same termsand .condi-t- ions-. imposed upon the laid TEXARK A & FORT SM:IT$' •R=WAY COLEPANY and the said GULB, . COLORADO & SANTA FE�'RAILIUAY COMPANY, by the City 'Coun- cil of the.. City ,.of Beaumont in ordinances, grant i each of said Com- panies. -the right to lay 'their resp 6 ctitie track , . and operate their .. re,speeti.ve railroads, over; along,- po-mfi and or certain public , streets, .alleys, avenues: and highways,wit n the:. -corporate li;]its 'of the City', of Beaumont, and also subject .'-t . , the provisions .of the City Charter':of the City of,Beaumont regulating -the construction; aurin tenarice and operation of railroad ,.tracks Within .the' corporate limits of the City of B.e&.umont, , together `,w th the , following additional con-.' di tions. ' Section 111: The '.rights herein granted to the. TEYARKOTA & FORT SMITH RAILWAY C.OMPATIY' and the GULF, COLORADO & SANTA FE,'RAILWAY COMPANY, ..rrr their successors and assignns, are,. granted' for a period of 1i f-ty�'(��`0)' years from the -date of the passage of''this",ordinzance Section 1V: r' the ,grantees herein . agree and :bind themselves . to , do and perform. the following in addition'to,what .has ,.b.een:-herein provided, to -wit '('a) To ' restore said above mentioned street's to such condition as they',may be directed to 'do by the Street & .Bridge ,Committee and the City Engineer, of - the Ci ty" - of Beaumont. Al (b) - To construct, build and maintain such'drainsacross said streets and under said railroad. tracks; from time, to time, as may be -, s required by the City Engineer of said Ci ty. (c) Upon being notified by the Mayor of :tie" City of Beaumont, -. to conform the tracks to, the street level,, to repair the track, or to repair that part of the street upon which ,the said .track is 1'aid', to immediately comply .with said" notice, and failing' to. -begin work bona fide within ten, (10) days, after tbe. receipt of .such notice by ;the Mayor, rc as aforesaid, -the privileges her-ein granted shall-. be forf eft-ed, and he City. of Beaumont shall have the 'r-ight .to remove,. or cause to be removed, ; the said..-track, without ahy"action""in any..Court,, and without liability f=or ziich act ion',on"the part of: the City.. Secti on V: That.the foregoin right and privilege is hereby granted to-the said.Railway.Companies upon the express condition that said Railway_.C-ompanies;throu.gh"th ir.' proper 'of fi�..cer or officers, shall, within.thir.ty (30) Idays afte' the. approval/of this ordinance file with the Ci Clerk, their 'wr tten`.,accept.a.nce of this .ordinance, and t upon the fur r condition t at., thee_ r ilroad to "be constructed 'there- on "shall 1be coinplet ed up' on. d along the said above mentioned streets- within days from he pas age of this ordinance, ; and upon ,the t _ fai3ure or. usal .osf said, Comp es ,to comply with the above con- . V,e-. ditions, n,,. and i that , they forfeit the rights, privileges, se and, po-ssga ioYof ;.the said. ,Streets, and the same shall'- immediately. - immediately. revert back,` toll t�oe City of Bea"wnont and "this cr dinance shall b ec ome .null and-Afvoi fV" Section The provisions of this ordinance shall' take effect and be in force subject to the condition's thereof, from .and after its final passage and approval of the Mayor:.. { Approved his th ay of March, A.D. 1 08 Attest. C� Secretary -- Mayor t,�,. 4 Ju Be auamon t, ,.T-exas.; March 2& 13]x, 1908 TO THE, .HONORABhE VAYOR &N -D CITY. -COUNCIL, ; C i T Y OF, BEAUVONT, TEXAS...., C ENT LE;VEN':'- Your Committee to 'whom was referred, the proposed ordinance granting- the 'Texarkana .&:Fort Smith Railway Company. and - the Gulf,` .'Colorado:. & Santa Fe Railway Company; jointly, ' and their successors, and assigns the' right , to ' construca ' maintain anal. operate a witch ':track,' beginning on the west side ,of Railroad Avenue about. _ 100 feet -south .of -the intereecti�on of said Railroad Avenue' -with For- sythe. 8tr'eet; orsythe.Str'eet; thence north -ward along Railroad Avenue.across'Forsythe Street to Lot '12 'in ,Block 67..; thence. across, the alley between, Forsythe 'Street and Fannin,,Street- to lot l in: Blo'ck 67; thence across -Fannin, Street to lot 12..in Block 56; thence acr.oss,.th,e alley between •Fannin Street.And West Bowie Street to lot 1•in.Block 56, and thence across Bowie- Street 'to, lot '11 in, Block..55,; .Van -Wo lmer Addition tore"the City .of Beaumont, as shown by proposed ordinance and map hereto attached,. marked Exhibit' "A!! and ".B," respe,ctiv,ely, , and=made a part of this report.,, ` be -g . to report that your Committee -has -duly considered said ,proposed_ordirian.ce and recommend that same ,'be-subst .tuted for an ordinance heretofore reported on favorably' by your Committee, and, that same be duly adop ted and passed by this Council. , Respectfully submitted,on the 21st day of. - Ma.r ch A . D,. ` 19 08*.' . . Ordinance Gommittee