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HomeMy WebLinkAboutORD 24-SAN ORDINANCE AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE'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 BONHAM STREET AND AVENUE 'A' IN THE CITY OF BEAU- MONT IN ACCORDANCE WITH EXHIBITS; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH WORK BE Iii ACCORDANCE WITH CHARTER AND ORDINANCES OF THE CITY AND IN ACCORDANCE WITH EXHIBITS, 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 OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNATING ?tiHEN THE SAME SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION; BAKING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDI- NANCES OF THE CITY NOW IN FORCE OR HEREAFTER TO BE ENACTED OR ADOPTED; PROVIDING FORFEITURE FOR FAILURE TO USE, :MAINTAIN OR OPERATE FOR A PERIOD OF SIX (b) MONTHS; PRESCRIBING EFFECTIVE DATE AND DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE,. UPON SUCH CANCELLATION TO REMOVE RAILS, TIES, OTHER CON- STRUCTION OR MATERIALS 1,TITHIN NINETY (90) DAYS AFTER TERMINATION, AND THE PLACING OF SUCH STREETS IN FIRST CLASS CONDITION, AND PROVIDING INDEMNITY CLAUSE": PASSED THE THIRD AND FINAL READING BY THE CITY COMMISSION OF THE CITY OF BEAUMONT ON THE 2ND DAY OF SEPTEMBER, 1947, ADDING SECTION 1-A THERETO, PROVIDING FOR TIM FRANCHISE AND RIGHTS AND PRIVILEGES GRANTED THEREWITH RUNNING IN FAVOR OF GULF, BEAUMONT AND KANSAS CITY RAILWAY COMPANY, THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY, THEIR 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 COMMISSION OF THE CITY OF BEAUMONT: Section 1. That that certain Ordinance passed on the third reading by the City Commission of the City of Beaumont on the 2nd day of Septem- ber, 1947, entitled: "An Ordinance granting to the Gulf and Inter- state Railway Company of Texas the right to lay, build, construct, maintain and operate an industrial spur track over and across Bonham Street and Avenue 'A' in the City of Beaumont in accordance with ex- hibits; providing regulations and restrictions for the use of said track; providing that such iTork be in accordance with charter and ordinances of the City and in accordance with exhibits, and requiring such other drainage facilities and work to be done as the City Engi- neer may direct; requiring acceptance by grantee within thirty (30) days of passage and approval; prescribing fee to be paid and designat- ing -when the same shall be paid and setting forth forfeiture provi- sion; making said franchise subject to the charter and ordinances of the City now in force or hereafter to be enacted or adopted.; pro- viding 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, other con- struction or materials within ninety (90) days after termination, and the placing of such streets in first class condition, and pro- viding 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 the rights and privileges granted therewith shall run in favor of the Gulf, Beau- mont and Kansas City Railway Company, the Gulf, Colorado, and Santa Fe Railway Company, their successors, assigns, and lessees. Section 2. The foregoing rights and privileges granted by this Ordi- nance are granted upon the express condition that the grantee shall within thirty (30) days after the passage and -approval of this Or- dinance 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 its adoption and approval, and only then upon the filing of the written acceptance herein provided. 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 'Yl 6Axj.,� , A. D. •. �1 900 O AS i 0 i�'cSLRI�J-; l;j ��! !-lPPP I!:��10 *FOIMFOR Ce fa! !",2o;n 1947. M A Y 0 R GALVESTON, TEXAS, Nov. 29, 1947 To the Honorable Mayor and Board of Commissioners of the CITY Or BEAUMONT, TEXAS=:., The undersigned.hereby signifies and files in Writ- ing its acceptance of an ordinance passed by your honorable body on the 4th day of November, 1947, entitleds "AN ORDINANCE AN ORDINANCE ENDING THAT CERTAIN ORDINANCE 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 BONHAM STREET AND _:ANUE 'A' IN THE CITY OF BEAUMONT IN ACCORDANCE IIITH EXHIBITS; PROVIDING REGULJVfIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH WORK BE IN ACCORDANCE WITH CHARTER AND ORDINANCES OF -THE CITY AND IN ACCORDANCE 5aTH EXHIBITS, AND REQUIRING SUCH OTHER DRAINAGE FACILI- TIES AND WORK TO BE DONE AS THE CITY ENGINEER SAY DIRECT; REQUIRING ACCEPTANCE -BY GRANTEE WITHIN THIRTY (30) DAYS OF PASSAG' ; :: Aj9D APPROVAL; PRESCRIBING FEE TO BE. PAID AND DESIGNR ING 1;1HEN TII; SAME SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION; MAILING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY NU.f IN FORCE OR BEREAPTER TO -BE E&ACTED OR ADOPTED; PROVIDING FORFEITURE FOR FAILURE TO USE, MAIN.TAIN OR OPERATE FOR A PERIOD OF SIX (6) MONTHS; PRESCRIBINGEFFECTIVE DATE AND DURATION OF SAID. FRANCHISE; PROVIDING CANCELLATION CLAUSES AND RE,-QUIRING. GRANT`4'+ , UPON SUCH CANCELLATION TO REMOVE RAILS, TIES, OTHER CONSTRUCTION OR IuiATERIAL$ Ji THIN NINETY (90) DAYS AFTER T Ri{flINATION, AND TIM PLACING OF SUCH STREETS IN FIRST CLASS CONDITION, AND PROVIDING INDELM. TY CLAUSE' s PASSED THE THIRD AND FINAL READING BY THE CITY COIW SSION OF THE CITY OF BEAUMONT ON THE 2ND DAY OF SEPTEMBER, 1947, ADDING SECTION 1-A THERETO, PROVIDING FOR THE FRANCHISE AND RIGHTS AND PRIVILEGES GRANTED THEREWITH RUNNING IN FAVOR OF GULF, BEAUMONT AND KANSAS CITY RAILWAY C= -ANY, THE GULF, COLORADO AND SANTA FE RAIWAY-COMPANY, THEIR SUCCESSORS, ASSIGNS AND LESSEES; REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS AFTER PASSAGE AND APPROVAL, AND PRESCRIBING EFFECTIVE DATE"." GULF, COLORADO AND SANTA FE RiTIT1AY COMPANY, ndoner d Tax Commissi GULF, BEAUMONT & KANSAS CITY RAILWAY COMPANY, and & Tax Commissioner Gulf, Colorado and Santa Fe Railway Company Y , 4G. E. SCHULER, Land and Tax Commissioner S. A. WRIGHT, Asst. Land and Tax Commissioner T. J. MAGEE, Tax Investigator D. L. LACKEY, Tax Investigator LAND AND TAX DEPARTMENT REGISTERED MAIL Galveston, Texas, Nov. 29, 1947 Original and Amended Ordinance covering track across Bonham St. and Ave A, Beaumont, Texas. Mr. Willie J. Brockman, City Clark, Beaumont, Texas, Dear Sir: I hand you herewith written acceptance of Gulf, Colorado and Santa Fe Railway Company and Gulf, Beaumont & Kansas City Railway Company of ordinance passed by the City Commission of Beaumont on Nov. 4, 1947, amending ordinance passed Sept. 2, 1947, so as to include within the terms of the original ordinance Gulf, Colorado and Santa Fe Railway Company and Gulf, Beaumont & Kansas City Railway Company, and their successors, assigns and lessees in connection with above mentioned track to serve Southern Iron &.Metal Company. As The Gulf'and Inter -State Railway Company of Texas accepted the original ordinance it is not necessary for it to accept the amended ordinance. Yours truly, Land e, Tax Commissioner Enc S 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: November 11, A. D., 19 47 in the BEAUMONT Journal , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. 2d,1 1) -Y -S SUB CRIBED and sworn to before me, this the .dag of A. D. 1v/- _. ---- ; NoIIBLIC in and for Jefferson County Teaso y -►j AN ORDINANCE AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE'ENTITLED: "AN ORDINANCE GRANTING TO THE GULF AND INTERSTATE RAILWAY COMPANY OF TEXAS THE RIGHT TO LAY, BUILD, CONSTRUCT, MAINTAIN AND OPERATE AN IIS?DUSTRIAL SPUR TRACK OVER AND ACROSS BONHAM STREET AND AVENUE 'A' IN THE CITY OF BEAU- MONT IN ACCORDANCE WITH EXHIBITS; PROVIDING REGULATTIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH WORK BE Iiv ACCORDANCE 1IITH CI4ARTER AND ORDINANCES OF THE CITY AND IN ACCORDANCE WITH EXHIBITS, 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 OF PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNATING 111HEN THE SAME SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION; MAKING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDI- NANCES OF THE CITY NOW IN FORCE OR HEREAFTER TO BE ENACTED OR ADOPTED; PROVIDING FORFEITURE FOR FAILURE TO USE, MAINTAIN OR OPERATE FOR A PERIOD OF SIX (b) MONTHS; PRESCRIBING EFFECTIVE DATE AND DURATION OF SAID FRANCHISE; PROVIDING CANCELLATION CLAUSES AND REQUIRING GRANTEE, UPON SUCH CANCELLATION TO REMOVE RAILS, TIES, OTHER CON- STRUCTION OR MATERIALS WITHIN NINETY (90) DAYS AFTER TERMINATION, AND THE PLACING OF SUCH STREETS IN FIRST CLASS CONDITION, AND PROVIDING INDEMNITY CLAUSE": PASSED THE THIRD AND FINAL READING BY THE CITY COMMISSION OF THE CITY OF BEAUMONT ON THE 2ND DAY OF SEPTEMBER, 1947, ADDING SECTION 1-A THERETO, PROVIDING FOR THE FRANCHISE AND RIGHTS AND PRIVILEGES GRANTED THEREWITH RUNNING IN FAVOR OF GULF, BEAUMONT AND KANSAS CITY RAILWAY COMPANY, THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY THEIR 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 COMMISSION OF THE CITY OF BEAUMONT: Section 1. That that certain Ordinance passed on the third reading by the City Commission of the City of Beaumont on the 2nd day of Septem- ber, 1947, entitled: "An Ordinance granting to the Gulf and Inter- state Railway Company of Texas the right to lay, build, construct, maintain and operate an industrial spur track over and across Bonham Street and Avenue 'A' in the City of Beaumont in accordance with ex- hibits; providing regulations and restrictions for the use of said track; providing that such t-,rork be in accordance with charter and ordinances of the City and in accordance with exhibits, and requiring such other drainage facilities and work to be done as the City Engi- neer may direct; requiring acceptance by grantee within thirty (30) days of passage and approval; prescribing fee to be paid and designat- ing.when the same shall be paid and setting forth forfeiture provi- sion; making said franchise subject to the charter and ordinances of `P/ the City now in force or hereafter to be enacted or adopted; pro- viding 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, other con- struction or materials within ninety (g0) days after termination, and the placing of such streets in first class condition, and pro- viding 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 the rights and privileges granted therewith shall run in favor of the Gulf, Beau- mont and Kansas City Railway Company, the Gulf, Colorado, and Santa Fe Railway Company, their successors, assigns, and lessees. Section 2. The foregoing rights and privileges granted by this Ordi- nance are granted upon the express condition that the grantee shall within thirty (30) days after the passage and -approval of this Or- dinance 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 its adoption and approval, and only then upon the filing of the written acceptance herein provided. 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 'Yl a+xJ , A. D. 1947. 'F. ,ROVcD AS TO DESCRIP710N - kef F0�(M A Y 0 R FOP, CF.a! f;io n ss - To the Honorable Board of CI GALVESTON, TEXAS, Nov. 299 1947 Mayor and Commissioners of the TY OF BEAUMONT, TEXASs.. The undersigned.hereby signifies and files in ?grit- ing its acceptance of an ordinance passed by your honorable body on the 4th day of November, 1947, entitledt AN , ORDINANCE AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLEDs '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 BONHAM STREET AND _'AIVEI-NUE 'A' IN THE CITY OF BEAUMONT IN ACCORDANCE WITH EXHIBITS; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH '.FORK BE, IN ACCORDANCE WITH CHARTER AND ORDINANCES OF -THE CITY AND IN ACCORDANCE UTH EXH[BITS, AND REQUIRING SUCH OTHER DRAINAGE FACILI- TIES AND WORK TO BE DONE AS THE; CITY ENGINTEER MAY DIRECT; REQUIRING ACCEPTANCE . BY GRANTEE 'YITHIN THIRTY (30) DAYS OF PASSAGE.;! 1139D APPROVAL; PRESCRIBING FEE TO BE. PAID AND DESIGNA`TiING ',"1HEN THE SAME SHALL BE PAID AND SETTING FORTH FORFEITURE PROVISION; MAKING SAID FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY N01.1t IN FORCE OR HEREAFTER TO BE EWI-CTED 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' OTHER CONSTRUCTION OR MATERIALS WI THIN NINETY (9 0 ) DAYS AFTER Ts�R!1AI NA -EI ON, AND THE PLACING OF SUCH STREETS IN FIRST CLASS CONDITION, AND .PROVIDING INDE=TY CLAUSE' s PASSED THE THIRD AND FINAL READING BY THE CITY COM SSION OF THE CITY OF BEAUMONT ON THE 2ND DAY OF SEPTEMBER, 1947, ADDING SECTION 1-A THERETO, PROVIDING FOR THE FRANCHISE AND RIGHTS AND PRIVILEGES GRANTED THERE;'tITH RUNNING IN FAVOR OF GULF, BEAUMONT AND KANSAS CITY RAILWAY COfl4PANY9 THE GULF, COLORADO AND SANTA FE RAIWAY COMPANY, THEIR SUCCESSORS, ASSIGNS AND LESSEES; REQUIRING ACCEPTANCE BY GRANTEE WITHIN THIRTY (30) DAYS AFTER PASSAGE AND APPROVAL, AND PRESCRIBING EFFECTIVE DATE". GULF, COLORADO AND SANTA FE RAIIr1AY COMPANY, S�\band/ d Tax Commissioner GULF, BEAUMONT 8c KANSAS CITY RAILWAY COMPANY, nd Tax Commissioner A, Gulf, Colorado and Santa Fe Railway Company tG. E. SCHULER, , Land and Tax Commissioner S. A. WRIGHT, Asst. Land and Tax Commissioner T. J. MAGEE, Tax Investigator D. L. LACKEY, Tax Investigator LAND AND TAX DEPARTMENT REGISTERED MAIL Galveston, Texas, Nov. 29, 1947 Original and Amended Ordinance covering track across Bonham St. and Ave A, Beaumont, Texas. Mr,, Willie J. Brockman, City Clerk, Beaumont, Texas. Dear Sir: I hand you herewith written acceptance of Gulf, Colorado and Santa Fe Railway Company and Gulf, Beaumont & Kansas City Railway Company of ordinance passed by the City Commission of Beaumont on Nov. 4, 1947, amending ordinance passed Sept. 2, 1947, so as to include Within the terms of the original ordinance Gulf, Colorado and Santa Fe Railway Company and Gulf, Beaumont & Kansas City Railway Company, and their successors, assigns and lessees in connection with above mentioned track to serve Southern Iron &.Metal Company. As The Gulf'and Inter -State Railway Company of Texas accepted the original ordinance it is not necessary for it to accept -the amended ordinance. Yours truly, Land & Tax Commissioner Enc 3 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, personally__ appeared_ -_ R. Aa 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: November 110 A. D., 19 47 in the BEAUMONT Journal , ,a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to' before me, this the 7 Aag _ - of = A. D. 197 NOTAR-iTBL]!C in and for Jefferson County Texas