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Home My WebLink AboutORD 19-BMEED THIS THE__c_ Y. J. G. SUTTON, L iTY SECRETARY. per, : �7HEREAS, on this-.3rd day of 'Oct.ober, —.D., 1911; 4st - the "City Council of tyle Cit- of BeaumoYit,, Texas,_, .1), ssed a certain - franchise ordinance granting to the Texarkana & Fort Smith =Rail__: -way. Company a franchise . t o lay a _ switch or s i de track'-along Washington Street-in Beaumont,-Texas;-and, WHEREAS, said_ ranchis-e ordinance was Tetoecl by the mayor of= the City of Beauiont, -Texas, .on the 17th day of October, A. 'D*, 1911; arid, AREAS, on the _7th -day -of November , A.D• , 1911, the City Council of- the. City of BeaUmont, Texas- adopted-: anc re-- passed said franchise ordinance over- the mayor.'s veto; and, krHEREAS, Mrs. Mollie E. Langham hats .filed. suit in the- District Court. of Jefferson County,-- Texas "to en-join said ordinance on the ground that the -.same -was not regularly passed - and adopted. by the Council over the mayor's veto. and was not a valid ordinance because as passed,_ it should still be signed by.- the-Mayor; and, - _ r�IEREASy 'it was the -intention- of. the City. Council to nass .,said ordinance over the Mayo r:'-s -veto_ and -that-- the same" should becQme .a valid ordinance without 'the Mayor's signature t N0�( THEREFORE, - BE IT ORDAINED BY THE' CITY .COTUTCIL OF THE. CITY OF, BBAUMONT, TEXAS: Sects on lx That said. franchi se ordinance` as finally passed by. the . City Council of-the' City of Beaumont, Texas, : oii the 7th day of November, A.D- 1911., be, and .the same is hereby confirmed and ratified, and the Texarkana & Fort: Smith Rai.livay Company be, and it is hereby granted the _,privilege to construct and -maintain at its own expense for a period:of twenty--five. years, a side or.. switch track of standard gauge over and a•lon_ Washington_--Stree.t =in the City o.f Beaumont, on the north side of its track-- already ' laid -on said_'ALshington Street, a,nd to operate its '10comloLives, cars az d' \trains the.d' reon, sai-swit-ch t-rack to , extend f"r-dm; a point L No Text A!R A /4?_8 ARTHUR TEXARRA1 A� — & FORT SMITH RAILW,&_Y JVOMPANY. ROUTE WEAR.'ORGAIN & BUTLER, LEGAL DEPARTMENT. . ATTORNEYS FOH ORANGE. JEFFERSON + ' AND NEWTON COUNTIRB.TEXAS. BEAUMONT, TEXAS, fdnua.ry 17' 1912. TO- .... ...... OF_- `' STSON, Al�A CITy SECRETARY�SSt. der T.o the Honorable Mayorc and City Council, City, - 'Whereas.there has been some objection made to the validity of the Ordinance heretofore passed granting to the Texarkana & Ft. Smith Railway Company the right to lay a switch track on the north side of Washington Street between Park and Pearl Streets, because the same has. not been approv- ed by the Mayor. The Tioxarkana & Ft. Smits,. Railway CIbmpany respectfully request's that you pass a like Ordinance, grant- ing to the Railway Company the same rights, but that it do not contain the words "when approvdd by the Mayor", which words were the subject of contention in the construction of the Ordinance already passed and published, the same not hav- ing been signed by the Mayor, and it is being contended that the intention of the count -..l, as shown by the Ordinance, was that the same should not take effect until approved by the Mayor. In view of the fact that the Company is being placed to the expense of litigation as the results of these words, and we believing it to be the intention of the cojuncil to grana said' franchise, even though disapproved by the Mayor, wa-, think it proper that a curative Ordinance.. be passedc-to e 2. rielieve the Rarilwdy Company of the expense and trouble of litigation which arises out of the technic(ality. Very truly yours, n -A 49 CERTIFICATE OF PTTBLICATION. THE, STATE OF 'TEXAS ) COUNTY OF JEFFERSON ) Business Manager of the Beaumont Journal Publishing Company, Publishers of a daily newspaper in the city of Beaumont, Texas, do hereby certify that the attached franchise ordinance granting a franchise to the Texarkana & Fort Smith Railway Company, was publishdd one time, on to -wit, the 16th day of March, A.D. , 1912. --- -- -- ---. _:- -- - -- - BEAUII dTJ NAI�PUBLISHING COMPANY, P71R �� BiJSIITESS MANAGER torn to and subscribed before me, this the _o day '.of. �'�� _ , A.D., 1912. Notarf Public, , Jeffers o. Texas- e A. LUDLOW CALHOUN - CLTY ATTORNEY BEAUMONT. TEXAS To the Honorable C I T Y. Gentlemen: - March5th, 1912. Mayor and City Council, The attached communication from Messrs. Hightower, Orgain 8. Butler with or- dinance attached thereto was referred to ±e at the _last meeting of the Council. There is only one objection to the ordinance written by the attorneys of the Texarkana, & Fort Smith Railway, and I therefore attach copy re -written to cover said defect, a,nil which is found in the first section of the franchises Yours truly, C,, C ity At t o r n ey. The only object that thi's ordi- nance could be for would be to confirm and ratify the original ordinance ot fran- chise passed on the 7th day of November, .A. D., 1911. There seems to be some question as to whether or not a franchise or- dinance which is either void or illegal can be ratified in this matter, but from a casual examination it seems to be the rule in this -state that with can be done, so long _ as the City Council has legal power to have FILED THIS THE- passed the franchise in the first instance, 9/: there being no question that the city council •.,•••„_. OF of the City of Beaumont had the legal right SUTTON, to pass the ordinance or franchise originally TY SECRETA Y, it_ can. rtifv or confirm same at this time. As Of .course, if this cannot -be-done the- rail- road company would be the one to suffer in case the court should hold the company had- adno nofranchise to lay the switch track. There is only one objection to the ordinance written by the attorneys of the Texarkana, & Fort Smith Railway, and I therefore attach copy re -written to cover said defect, a,nil which is found in the first section of the franchises Yours truly, C,, C ity At t o r n ey. WMREAS on the 3rd day of October A. D., 1911, tbO ty Council of the City of Beaumont, Texas, passed a. certain franchise ordinance granting to the Texarkana & Ft. smith Railway Company a franchise to lay a switch or side track along,Washington Street in Beaumont, Texas; and ,VHE 2EAS sal d f ranchioe ordinance, was vetoe& by the mayor of the City of Beaumont, Texas, on the 17th dey of October A. D. , 1911; and ViRBREAS on the 7th day of tov6mber A.- D. , 1,.911, the City Gonncil of the City of Be aumont, Texas,. N ow adopted and repassed said franchise ordinance over the mayor's veto; and WHEREAS Mrs. Mollie E. Langham has filed Suit in the District Court of Jefferson County, Texas, to enjoin said ordinance on the ground that the some was not regularly passed and adopted by the Council over the mayor',s veto and was not a valid ordinance because as pa'ssed it should still be signed by the mayor: and ITOREAS it was the intention of the City -Council to pass said ordinance over the mayor's veto and that the same should become a valid ordinance without the mayor's signature, NOW 9 THRaEFORE , EE IT ORDAIIED BY VIE CITY COUNCIL OF ED, CITY OF BEAMAOITT,TEUS, that said franchise ordinance as finally passed by the City Council of the City of Beaumont Texas, on the 7th day of November A. D., 1911, be, and the same is hereby- confirmed and ratified, and the .-Texarkana & Ft. Smith Railway Company, -be, and it is hereby granted the privilege to construct and maintain at its own expense for a period of twenty-five years, a side or switch track of standard gauge over and along Washington Street in the City of Beaumont, on the north side of its track already laid .on.said Washington Street, and to operate its locomotives, cors 7 end trains thereon, said switch track to extend from a point near the east line of Park Street to a point near the west line "C of Pearl Street as �alrea&y constructed on the ground. C This ordinance shall be in effect from and after its passage and publication as now provided by law•