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HomeMy WebLinkAboutORD 31-RF AN ORDINANCE AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED, "AN ORDINANCE GRANTING TO THE GULF AND,INTERSTATE RAILWAY COMPANY OF TEXAS THE RICHT TO LAY, BUILD, CONSTRUCT, MAINTAIN AND OPERATE AN INDUSTRIAL SPUR TRACK OVER AND ACROSS BOWIE STREET TO SERVE THE JOSEY-MILLER COMPANY IN THE CITY OF BEAUMONT IN ACCORDANCE WITH EXHIBITS; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH WORK BE DONE IN ACCORDANCE WITH THE.CHARTER AND ORDINANCES OF THE CITY, AND UN- DER THE DIRECTION AND SUPERVISION OF THE CITY ENGINEER OF THE CITY OF BEAUMONT AND REQUIRING SUCH OTHER DRAINAGE FACILITIES AND WORK TO BE DONE AS THE CITY ENGINEER MAY DIRECT; REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY ( 30 ) DAYS AFTER PASSAGE AND APPROVAL;, PRESCRIBING FEE TO BE PAID AND DESIGNATING WHEN SAME SHALL BE PAID AND SETTING FORTH FOR- FEITURE PROVISIONS; MAKING"SAID FRANCHISE SUBJECT -TO THE CHARTER AND ORDINANCES OF THE CITY NOW IN FORCE OR HEREAFTER TO BE ENACTED OR A- DOPTED; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS; PRESCRIBING EFFECTIVE DATE AND DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION, - TO REMOVE- RAILS, . TIES AND OTHER CONSTRUCTION OR MATERIALS WITHIN NINETY'(90) DAYS AFTER TERMINATION AND -THE PLACING OF SUCH PROPERTIES AND STREETS IN'FIRST CLASS CONDITION AND PROVIDING INDEMNITY CLAUSE," PASSED'THIRD READING ON THE 14th DAY OF JANUARY, 1947, BY THE CITY COMMISSION OF THE CITY -OF BEAUMONT; ADDING SECTION 1-A THERETO, PROVIDING FOR FRANCHISE AND RIGHTS AND PRIVILEGES GRANTED / THEREWITH RUNNING IN FAVOR OF GULF AND INTERSTATE " RAILWAY COMPANY OF v TEXAS, ITS SUCCESSORS, ASSIGNS AND LESSEES; REQUIRING ACCEPTANCE BY GRANTEE.WITHIN THIRTY (30.) DAYS AFTER PASSAGE AND APPROVAL, AND PRE= SCRIBING EFFECTIVE DATE. BE -IT ORDAINED BY THE CITY COMMISSION- OF THE CITY OF BEAUMONT-: SECTION 1. That that certain Ordinance passed on third reading by the City Commission .of the City of Beaumont. on the 14th.day of January, 1947, entitled: "An Ordinance granting to the Gulf and Interstate Railway Company of Texas.the right to lay,.build, construct, maintain and operate an industrial spur track over and across Bowie Street to serve the Josey -Miller Company in -the City of Beaumont in accordance with exhibits; providing regulations and restrictions for the use of said track; providing that such work be done .in accordance with the Charter .of the City, and under the direction- and supervision of the city engineer of the City of Beaumont, and requiring such other drainage facilities and work to -be done,as the city engineer may di- rect; requiring acceptance by grantee within thirty (30) days after passage and approval; prescribing fee to be paid and designating when same shall be paid and setting forth forfeiture provisions; making said franchise -subject to the Charter and Ordinances of the -City of Beaumont now in force or hereafter to be .enacted or adopted; providing forfeiture for failure to use, maintain 'or operate for a period of six (6) months; prescribing effective date and duration of said. .franchise; providing cancellation clauses and requiring grantee, upon .such cancellation; to remove rails, ties and other.construction or materials within ninety -(90) days of ter- termination and the placing of .such properties and streets in first class condition, and provid- ing indemnity clause,!'. be and the same is hereby amended so as to add to said Ordinance Section 1-A; to read as follows: SECTION 1-A This franchise, and all of the rights and privi- . leges granted therewith,. shall run ,in favor of the Gulf and Interstate. Railway- Company, of 'Texas; its successors, as- signs and lessees.. SECTION The foregoing rights and privileges granted -by this-Ordinanee are granted upon the express condition that the grantee shall within thirty (30) days after the passage and approval of this Ordinance file with the Clerk of the City.of Beaumont its written acceptance thereof. This Ordinance shall, go into, -force and effect sixty (60). days after Ats adoption and approval, and only then upon the filing of the written acceptance' as 'here'iri'provided'. f PASSED .by the City Commission, first reading on the day of A. D. 1947., PASSED by the City*Commission, second reading on the day of , A. D. 1947. PASSED by the City Commission, third reading on the day of- , A., D. 1947. IV c ­ C;' Ij 7, a,a Z I T '11, "V J �IYRK BE 111 7' UN - T, y 1 LI Ghk N T,4. G r. ,STATE '%_14 y OV j 'i ',t lir-!r" rrtp j_ 'I C -,r"t -i- ri o i k t r 1_:� r c.: IL f -i 1r, v the r r7 c, nt tl'i e _ry, uy -� 1. - i� 1 7 - r i lun 1" Int'.- i" --I t yt y ')u 11 it) y -Lreet to G rv,� 'L fx0 7.", ri I n 't, !,i T IT,I n :I of L r t V t V o n Linn an", the U. J teX, fl`.. A, t when t ft e,4a p"" Ic'n. r. rig 6a I f Pr n c.1 I t r r n r," I i n a c r a f V o e. aubject 'to th" bCit! u.m,ont nov In force or 11".rl­rftc�r tl-) `)I- enx.ctod 'or ac- o ve (14 r o v Iding f Orf e I turp fear :f n. Ilu re. to u op , pir 1nta-i n or. o ;-)er s to f or a -,-,erlo d -of No Text PUBLISHER'S AFFIDAVIT THE STATE OF` TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared R. A. Bean who, being by me duly sworn, says that the f o r e g o i n g and attached Legal Notice was published on the following dates: in the BEAUMONT Journal March'3, A. D., 19 47 a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to -before me, this the day of A. D. 194��7 and for Jefferson County Texw an Alar.a in the rectory. LEGAL NOTICE ^ AN ORDINANCE ^ AN ORDINANCE AMENDING THAT CITY OF BEAUMONT IN ACCORDANCE WITH EXHIBITS; PROVIDING REGULA- TIONS. AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT 'SUCH WORK BE DONE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY, AND UNDER THE DIREC- TION AND SUPERVISION OF THE CITY ENGINEER OF THE CITY OF BEAUMONT AND REQUIRING SUCH OTHER DRAIN- AGE FACILITIES AND- WORK TO BE DONE AS THE CITY ENGINEER MAY DI- RECT; REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY - (30) DAYS AFTER PASSAGE AND-APPROVAL;'FRE- SCRIBING FEE TO BE PAID AND DESIG- )R, HEREAFTER TO BE ENACTED OR ,DOPTED;"'PROVIDING• FORFEITURE OR FAILURE TO USE, MAINTAIN , OR )PERATE FOR- A PERIOD OF SIX (6) IONTHS; ,PRESCRIBING EFFECTIVE )ATE AND DURATION OF SAID FRAN- H I S E; PROVIDING CANCELLATION _ :LAUSES AND REQUIRING -GRANTEE, 1PON SUCH CANCELLATION, TO RE- ) LOVE RAILS, TIES AND OTHER CON- ITRUCTION OR MATERIALS WITHIN lINETY (90) DAYS- AFTER TERMINA- Y .'ION AND THE PLACING OF SUCH 'ROPERTIES AND STREETS IN FIRST `LASS CONDITION AND PROVIDING IN- )EMNITY CLAUSE," PASSED THIRD LEADING ON THE 14TH DAY OF JAN- r TARY, 1947, BY THE CITY COMMISSION )F THE CITY OF BEAUMONT; ADDING .' RUNNING IN FAVOR OF GULF AND IN; TERSTATE RAILWAY COMPANY OF TEXAS, ITS SUCCESSORS, ASSIGNS AND LESSEES; REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS AFTER PASSAGE AND APPROVAL, AND, PRESCRIBING EFFECTIVE DATE.. BE IT ORDAINED BY THE CITY COM- MISSION OF THE CITY OF BEAUMONT: SECTION 1. That that certain Ordinance passed on third reading by the City Commission of the' City of Beaumont on the 14th day of January, 1947, entitled:, "An, Ordinance granting -to the Gulf and Interstate Rail- way Companyof Texas the right to lay, build, construct, maintain and operate an Industrial spur track over and across Bowie l Street to serve the Josey -Miller- Company, in the City of Beaumont in accordance with exhibits; providing, regulations and restrictions for the use of said track; pro- viding that such work be done in accord- ance with the Charter of' -the City, and under the'direction and supervision of the city engineer of the, City of Beaumont, and requiring such other drainage facilities and - work to be done as the city engineer may direct; requiring acceptance by grantee within thirty (30) days after passage and said franchise subject to the Charter and Ordinances of the City of Beaumont now in force or hereafter to be. enacted or ' - adopted; providing forfeiture for failure to use, maintain or operate for'a period of six (6) months; prescribing effective date and duration of said franchise; providing cancellation clauses and requiring grantee, Upon such cancellation, to remove rails, ties and other construction or materials I within ninety (90) days after termination I and the placing of, such properties and streets in first class condition, and pro- viding indemnity clauses," be and the, same is hereby amended so as to add to, said Ordinance Section 1-A,' to read as .follows: - SECTION I -A ` This franchise, and all of -the rights and privileges granted therewith, shall '. run in favor of the Gulf and Inter- state Railway Company of Texas, its successors, assigns and lessees. SECTION 2. The foregoing rights ..and privileges granted by this Ordinance are granted upon the express condition that,. the grantee shall within thirty (30)days after the passage and approval of this Ordinance file with the Clerk of the. City of Beaumontits written 'acceptance thereof. I - This Ordinance shall go into force and effect sixty (60) days after its adoption and approval, and only then upon the filing of the written acceptance as herein Provided. PASSED by the City Commission, first reading on the 11th day of February, A. D. 1947. PASSED by the City Commission, second reading on the 18th day of February, A. D. 1947. PASSED by the City. Commission, rd thi` Il reading on the 25th day of February, t rd 1947. D. IBI JAMES F. PARKER, Mayor Pro Tem.