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HomeMy WebLinkAboutORD 24-BAN ORDINANCE ENACTED BY THE MAYOR AND CITY COUNCIL, OF THE CITY . OF BEAUMONT., WHEREAS, the City of Beaumont isdesirous of establishing a dumping ground upol the north .end of Island Park, in said City of Beaumont, and,for the purpose of ob- taining access to such ground, desires to construct a bridge and approaches to, over and across Brake's Bayou in daid City, over and across several tracts and parcels of land be- longing to Kirby Lumber Company and described hereinafter, and for such purpose has requested of Kirby Lumber Company a lease and license to construct said bridge and the approach- es thereto upon and over said tracts of land; arid, WHEREAS, the saki Kirby Lumber Company is willing to grant such lease and license, provided the same be exe- cuted in the manner and form hereinafter set forth, with the covenants, conditions and stipulations therein contained; and-, WEEREAS, it is considered by the Mayor and City Council that it is for the best intereat of the said City of Beaumont, and the inhabitants thereof, that the said lease and license contract be executed by the City of Beaumont; THEREFORE, BE IT ENACTED, by the City of Beaumont, through its Mayor and City Council duly assembled, that the City of Beaumont be, and it is heraby, authorized to enter into a contract of lease and license to be executed by said (' City by its .Mayor and Sectetary in substantially the .follow- ing form, to -wit: 1"':LED ON THIS THE -9 O1 '.,)nT J. G. SUTTON WA' SECRETARY l� Assistant City 50CrCtary -1- THE STATE OF TEXAS, ) COUNTY DF JEFFERSON. ) THIS CONTRACT, made and entered into, this the d:.y of October, A. D4,' 1915,' between the Kirby Lumber Company, a corporation organized under the laws of Texas,with its principal office and place of business in Houston, Harris County, Texas, acting herein by its proper corporate officers hereunto duly authorized, party of the first para and hereinafter called "Lumber Company", and the City of Beaumont, Jefferson County, A Municipal Corpo- ration under the laws of Texas, in Jefferson County, act- ing herein by its proper corporate officers hereunto duly authorized, party of the second part and hereinafter cal'Led "City"; WITNESSETH: T. That in consideration of the eovenants herein con tained on the part of the said City of Beaumont, party of the second part, and its representaties to be kept and per- formed, and subject to the conditions, limitations and agree- ments hereinafter contained,, the said Kirby Lumber Company, party of the first part, does hereby grant, demise and "lease unto the said City of Beaumont, the following described proper- ty, situated in Jefferson County, Texas, and more particular- ly described as follows, -to -wit: Being two (2) certain tracts, pieces or parcels of land twenty-five (25) feet in width, twelve and a half t12-1/2) feet on each side of the following center line: TRACT NO. 1. Beginning at.a point on the cast side of Pine,Straet which is the gest boundary line= of the Kirby Lumber Company land, 806 feet N. 54 deg 23' west from their southwest corner which is the_ northeast corner of the intersection of Pine and Maga- zine Street; thence N. 31 deg. 41' east, 155 feet to Brake's Bayou, which is the Kirby Lumber Company's east boundary line, The above described tract con- ' tains 0.09 acres, and is in the Noah Tevis Survey. TRACT NO. 3. Beginning at a point on the east edge of Brakets'Bayou, 136 feet north 31 deg. 41' east from the la.�t described point on the Bayou in Tract No, 1, Thence north 31 deg. 41t east 380 feet to Kirby Lumber Com.-any's east line. This tract contains 0.16 acres of ' land and is in' the W. H. Hodge Survey. For a more complete description see attached plat which is hereby made a part of this lease. TO HAVE AND TO HOLD the said lands unto the said City of Beaumont, its successors and assigns, fromthe �1 e d -ay of � , A. D.,, 1915, to the y '`' , A. D. ,I ? ; but solely for da of r the purposes and upon the conditions h::reinafter set forth, II. It is mutually agreed between the parties that this lease and conveyance of the tracts of land herein described,. is made for the purpose of permitting the same. to be used.by, the City for the purpose of securi,ng approaches toa bridge which the City proposes to build across Brake's Bayou, in. said City 'of Beaumont, and. in tho event said City shall not construct such bridge, this lease shall become *cull and. void and the leasehold„s.hall revert to the lessor, and it is fur- 'her mutually agreed and understood that said bridge with the approaehea over .the tracts of land herein leased, is to be used for the purpose. of -securing a'connection from the -City to the n0l;th end of Island Park, and that the City pro - North end of said poses to use syi�Island Park as:a dumping ground for trash and othar refuse matter,, 4;;.; 3n consideration of this lease and grant, the City by the acceptance. hereof, binds itself and guarantees to Lumber Company that said dumping ground will not be made use of in such a manner'as to interfere xi.th theoperat.J.ons of Lumber Company upon i adjoining property,or create.a nuisance or stench so as to render the use and occupation of aaid adjoinir_g property unpleasant tr to Lumber Company, its operatives or its successors, aasigns or lessees of such adjoining property, or to impair the market value of tln,same. -3- .The City further covenants and agrees that, if at any time, the.Lumber Company shall deem that it is neces- sary top-roperl.y carry on its business or_. said joint proper- ty that a- drawbridge be put in, in order. that boats may pass through and under said bridge, and shall demand in ;r writing os the City that such be done, the City will pro- ceed promptly to inatall a drawbridge in , order thea such operati.:ns. may be carried on and will provide an operative upon said bridge to open same when necessary topermit boats to'pass; and in the.event of the failure or refusal of the City to peat in such a draivb�cidge, all expenses, damages .and costs whi.eh the.Lumber Company incurs by reason of such fail- ure or refusal, or which it would have savEd had said draw- bridge been prornpt'ly put in, .shall be paid up and satisfied busaid City, when bills therefor are rendered; IV. The City further covenants and agre-es that the bridge.t�.b;construeted over. said Bayou shall be so construct- ed as not tointerfer.e in any manner with the floating of logy in said Bayou by Lumber Company, c r the passage of log rais-ing equipment underneath said brid7,;e, and that it will con- struct the approaches upon the tracts of land herein leased in such a manner as shall be satisfactory to the Lumber Com- pany and in accordance with its requirements. V. It is mutual} y agreed th_Lt in the event of the failure of the City to perform any covenant or obligation of this contract, or in the event of its refusal to perform any covenant hersof, in either such event, the Luziber Company may, if it so elects, foxfeit and te.rfiinate this lease and enter upon and tape possession of the uxoperty described herein and. remove therefrom all property placed thereon by said .City, if it shall desire tcd.o so, and the City hereby consents that such entry may be.made without suit,and dies -4-r - hereby wive any and all claim for damages or liability on account of the ,acts of Lumber Company in declaring such forfeiture, entering upon such premises and removing any such property, and the City further agrees that in the event the City shall fail or refuse to perform any covenant of paragraphs III. and IV. hereof, the Lumber Company may, if it so.eleets, have such changes made and such work done as is required by said paragraphs, or provide for such operations and do such acts as are therein required Of, said City; and the City agrees th�,A it will promptly pay the Lumber Company the cost and expense of. such work and such operations and of the performance of such acts, when bills therefor have been rendered to it, and will in- demnify the Lumber Company against any claims for intdr er- ence with traffic, during the time that such work is being done,.or such operations are being carried on. VI. The City further' covenants, and agrees tli:-t it will, and.does hereby, assume all risk of damage to said bridge and the approaches .thereof, which may be' caused by fire, no matter how occasioned, or which may be caused by log jams. or floating' equipment of Lumber Company, in times of high water, and said City further covenants and warrants that it will forever indemnify and save harmless Lumber Company_ fromany and all claims for loss, liability or damagea to praper- or injury to : or. death of persons', cohere such loss or dam- ages to property,, or injury or, death of persons, Mould not have occurred but for the preyencs of said drawbridge and ap- proaches upon the premises he-ein described and across said Bayou at. the place herainimention.ed. A, VII. This contract shall inure to the benefit of Lumber Company, its successors or 'a$gigna; and the recei'vers thereef, 4-.:- 9 and the privileges,. options and covenants herein may be enforced by said LumberCompany, or its successors, assigns., or receivers thereof. IN WITNESS. WHEIREOF, the City of Beaumont has a caused this instrument to be aigned in its name and an its behalf by its Mayor, and attested by -the City Secretary, with its - oorpo2ate seal affixed, and the said Kirby 'Lumber Company has -a'cixited by oaused there presents to be ex this they _:_da of A. D., 1915. KIRBY LUMBER COMPANY, BY j ATTEST; City' Secretary. CITY OF BEAUMONT$ BY Mayor. THE STATE OF TEXAS.,) COUNTY OF HARRIS. a Notary Public in and for Harris County, Texas, on this day personally ap p e;�_r e d and known to me to be of.the Kirby Lumber Company, the pers6ne,whose names are subs.cribed to .the foregoing instrument,, and 'each 'acknoviledged to me that he'exe­ cuted the same for the purposes'and consideration therein- ex- prese,eds in the. capacity., therein stated' and as the act and dead of the Kirby Lumbo CaMpany, GIVEN under my 'hand and seal of office on this day of A. D., 19.15. Notary -Public In and For Harris County,Texas/ THE STATE OF TEXAS, COUNTY OF HE FFF.RLS ON, Before me --,-,a Notary Public in and for" .Jeffe.Ts.0:4.,colinty, Texas, on thi�z, day personally appeared Emmett A. Fletohar, Mayor, 'and J4 G4 Sutton., City .,.Secretary of Beaumont, Texas, knorm to me to be the persons whose names are subscribed,to the foregoing.instrument, and. each acknowledged t -o me that he executed the same for the pur- poses and consideration therein stated and in the capacity there- in set forth, and as the act and deed of the City of Beaumont. GIVEN under my band and Deal of office, this day o A. -D.,, 1915. Notary Public Inand For Jefferson County., Texas.. E And the said lease and contract,tiVhen executed by said Mayor and Secretary, shall. be in all things fully bind- ing upon said City of Beaumont, and the acts of.said offi- cials in executing said contract are h_�Izeby ratified, con -- firmed and approved. DO,�EE in open Council in the City of Beaumont, on this 9_� �' _ da,y of October, A. D., 1915. l Attest; o y S creca;ry, FILED ON THIS THE 19 OF J. G. S U civ 0 1\1 :9v By " nesloe9reE Etc? grceiii7 No Text