The URL can be used to link to this page

Home My WebLink AboutORD 27-SAN ORDINANCE GRANTING TO GUY A. THOMFSON, TRUSTEE THE BEAUMONT, SOUR LAKE ANDINT-jYDIVIDUALLY), STERN RAIL7KAY COMPANY.$ DEBTOR ?1N HIS CAPACITI AS TRUSTEE AND HIS SUCCESSORS.;ANO ASSIGNS (HEREINAFTER CALLED GRANTEE), THE RI(ET TO CONSTRUCT, .MAINTAIN, REPAIR,RENEW AND OPERATE AN INDUSTRY"TRACK IN AND ACROSS ORANGE AVENUE, BEAUMONT., JEFFERSON COUNTY, . TEXAS; PROVIDIPIG`THAT -SUCH TRACK SHALL IE -USED - -- ONLY AS AN INDUSTRY TRACK_AND THAT THE RIGHTS AND. PRIVILEGES HEREIN GRANTED SHALL . BE AC CEPTED IN WRI TING BY THE GRANTEE WI THIN THIRTY ' (30) DAYS AFTER FINAL PASSAGE AND.ARPROVAL OF THIS ORDINANCE; PRO- VIDING THAT -IF SAID TRACK IS NOT USED FOR ANY PERIOD OF SIX (6) MONTHS THIS ORDINANCE AND . THE RIGHTS I EFZLINDER SHALL TEI :, R ATE; PROVIDING THAT THE GRANTEE SHALL .PAY TO THE CITY OF BEAUMONT THE SUM OF FIFTY DOLLARS (350.00) UPON THE PASSAGE AND ACCEPTANCE OF THE FRANCHISE HEREIN GRANTED AND THE .SUM OF FIFtW DOLLARS. (,350.00) ON, THE FIRST DAY OF JANUARY OF EACH YEAR DURING THE LIFE HEREOF;.PROVIDING THAT THIS FRANCHISE:.SHALL _ BE SUBJECT TO THE TERMS AND CONDITIONS OF THE. CHARTER OF THE. CITY OF �'" BEAU10ONT AND SHALL EXIST FOR A PERIOD OF T y�19) YEARS, SUBJECT TO THE TEWS HEREOF; AND PROVIDING THAT UPON TERMINATION FOR ANY CAUSE THE TRACK HEREIN? PROVIDED FOR.SHALL BE.REMOVEM AND SAID STREET PLACED IN FIRST CLASS CONDITION AT THE EXPENSE OF THE GRANTEE& BE IT ORDAI ED BY THE CITY COMMISSION OF THE CITY -OF BEAUIMNT, TEXAS : . Section 1. Guy A. Thompson, Trustee, The Beaumont, Sour Lake Western _y_ Company,_ Debtor (in his capacity- as -such- Trustee. and- not in- dividually), his successors and assigns, is hereby granted the -right, -- - --- privilege and .franchise to lay, build, construct, maintain, repay, renew and operate, at his own expense, a standard gauge railroad track in and across Orange Avenue, Beatunont, Jefferson County, Texas, the centerline of said track being more particularly described as follows: Beginning at a point in the west line of Orange Avenue, also in the center line of Railroad's proposed spur track, this point being approximately 110 feet southerly from the southerly line of Bowie Street; as measured along the westerly line of Orange Avenue; Thence easterly, along the centerline of said proposed spur track and- at right angles to the west line of Orange Avenue, a distance of 60 feet to a point in the east line of Orange Avenue, for the. - end .- Section 2. The track to be laid, built, constructed, maintained, and operated under the terms and conditions, of this ordinance shall be used only as an industrial track, that is, to afford loading, unloading and switching facilities to commercial and industrial enterprises now or here- after to be located in�the vicinity of said track. No cars of any kind shall -1- be allowed to stand on that portion of said track which is in said public street. Section 3. Grantee shall at his own ezpense construct and main— tain suitable ditches and culverts along and over -4iich said trackage is authorized to be laid, in so far as the drainage thereof may be interferred with by the tracks, embanivrents or other structures hereby authorized, and shall at his own expense, in the event the City desires to pave said street, gave between the rails of said track and for a distance of two (2) feet on each side thereof.. Section 4. The rights and privileges herein grant ed are upon the express condition that the grantee shall, within thirty (30) days after passage and approval of this ordinance, file with the City Clerk of the City of Beaumont its written acceptance of this ordinance. Section 5. Should the grantee, his successors or assigns, cease to use said track f or any period of six (6) months, the right and franchise hereby granted shall cease and terminate and shall be of -no further force and effect. section 6. This ordinance and the rights and privileges herein granted are subject to all of the terms and provisions of the Charter of the City of Beaumont, and such privileges and franchise hereby granted shall, subject to all of theterms and provisions of this ordinance, continue in force for a period of `.:;Ten• -('10) - . years from and after the grantee's acceptance of the terms hereof as herein required. Section . As a condition of obtaining and maintaining in force the rights and privileges herein granted, the grantee, ' his successors and assigns, shall, upon acceptance hereof pay to the City of Beaumont the sum of Fifty Dollars "050.00}, and thereafter on or before the first day of January of each year of the term hereof the sum —2— of Fifty Dollars ($50.00), and if default therein shall continue for thirty (30) days after the due date thereof, the rights and privileges herein granted shall cease and terminate at the option of the City of Beaumont, and upon the termination of such rights and privileges for any cause the Grantee; his successors or assigns, shall within ninety (90) days thereafter remove all of such tracks, ties and other materials used in such trackage, and shall place such street in first class condition for the use of the public. PASSED this, the 18th day of November, 1947, by the affirmative vote of the City Commission of the City of Beaumont, Texas. ATTEST: L\ Ci y Clerk Mayor, City of Beaumont, Texas WHEREAS, the Cit; Commission of the City of Beaumont., Texas passed on November 18, 1947 and approves: November 1$, 1947, an ordinance bearing the following caption: AN ORDINANCE GRANTING TO GUY A, THOMPSON, TRUSTEE, THE BEAUMONT, SOUR LAKE AND WESTERN RAILWAY COMPANY, DEBTOR (IN HIS CAPACITY AS TRUSTEE AND NOT INDIVIDUALLY), HIS SUCCESSORS AND ASSIGNS (HEREINAFTER CALLED GRANTEE), THE RIGHT TO CON- STRUCT, MAINTAIN, REPAIR, RENEW AND OPERATE AN INDUSTRY TRACK IN AND ACROSS ORANGE AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING THAT SUCH TRACK SHALL BE USED ONLY AS AN INDUSTRY TRACK AND THAT THE RIGHTS AND PROVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY THE GRANTEE WITHIN THIRTY (30)DAYS AFTER FINAL PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT IF SAID 11RACK IS NOT USED FOR ANY PERIOD OF SIX (6) MONTHS THIS ORDINANCE AND THE RIGHTS HEREUNDER SHALL TERMINATE; PROVIDING THAT THE GRANTEE SHALL PAY TO THE CITY OF BEAUMONT THE SUN OF FIFTY DOLLARS ($50000) UPON THE PASSAGE AND ACCEPTANCE OF THE FRANCHISE HEREIN GRANTED AND THE SUM OF FIFTY DOLLARS ($50,00) ON THE FIRST DAY OF JANUARY OF EACH YEAR DURING THE LIFE HEREOF; PROVIDING THAT THIS FRANCHISE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CHARTER OF THE CITY OF BEAUMONT AND SHALL EXIST FOR A PERIOD OF TEN (10) YEARS, SUBJECT TO THE.TERMS HEREOF; AND PROVIDING THAT UPON TE-ffiVATION FOR ANY CAUSE THE TRACK HEREIN PROVIDED FOR SHALL BE RE11OVED AND SAID STREET PLACED IN FIRST CLASS CONDITION AT THE EXPENSE OF THE GRANTEE; WHEREAS, Section 4 of said ordinance reads as follows: "The rights and provileges herein granted are upon the express condition that the grantee shall, within thirty (30) days after passage and approval of this ordinance, file with the City Clerk of the City of Beaumont its written acceptance of this ordinance"; NOW.,' THEREFORE, this acceptam e WITNESSETH; That Guy A, Thompson, Trustee, The Beaumont, sour Lake & Western Railway Company, Debtor, noir files with the City Clerk of the City of Beaumont, Texas, this written instrument, v%ich is an acceptance., in writing, of all of the t erms and provisions of said ordiname. ---GUY A, _ TH01M PS ON,THE BEAUMt ONT, SOUR LAKE & WESTERN W. 114IAY COMPANY, DEBTOR °° By4Geel �.� Land and Ir`usr Yal Com�i7sion R INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: October 9, 1947 To: Mr. F. S. Braden) City Manager From: R. Clyde Black Subject: Railroad Crossing -on orange and Bowie Streets COMMENT: rr�- i �• l s� � PLEASE HANDLE PLEASE APPROVE PLEASE NOTE and RETURN FOR YOUR INFORMATION PLEASE SEE ME , PLEASE ADVISE, YOUR FILE This is a highly industrialized section of the City of which the Missouri Pacific serves Josey Miller and Southern Iron and Metal Company properties0 This crossing should be granted the Railroad Company to relieve the congestion of railroad.traffic at this section. Very truly yours R. Clyqe Black City Engineer RCB:d PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersighed 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 28,, A. D., 19 4L in the BEAUMONT Journal , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to -before me, this the i day _ — = of - A. D. 19°¢7 . - NOTARY/ UBLIC in and for Jefferson County Texas This is to, certify that the City' Com• mission of the City of Beaumon- ular Session held on, th 13thof e day gNovember, 1947, the - fol.l lowing ordinance: - OR GRANTINGATO GUYAA.CTHOMPSON TRUSTEE, THE BEAUMONT, SOUF LAKE AND WESTERN •RAILWAS COMPANY, .DEBTOR (IN HIS CAPACI• TY AS TRUSTEE AND NOT INDI• VIDUALLY), HIS SUCCESSORS ANL ASSIGNS' (HEREINAFTER aCALLEL GRANTEE), THE. RIGHT, TO CON. TRUCT, MAINTAIN, REPAIR, RENEW AND OPERATE AN'INDUSTRY TRACK IN AND ACROSS ORANGE AVENUE BEAUMONT, JEFFERSON COUNTY TEXAS; PROVIDING THAT • SUCH TRACK SHALL_ BE USED ONLY AS Al\ INDUSTRY TRACK AND THAT THE RIGHTS AND PRIVILEGES HEREIIi GRANTED ,SHALL• BE ACCEPTED- IN WRITING -BY THE GRANTEE WITH- IN THIRTY (30) -DAYS AFTER FINAL PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT. Ir SAID. TRACK,IS NOT USED FOR ANY PERIOD OF SIX (6) MONTHS -THIS ORDINANCE AND THE RIGHTS HERE- UNDER SHALL TERMINATE; PROVID- ING THAT THE GRANTEE SHALL PAY TO CITY OF BEAUMONT THE SUM OF FIFTY DOLLARS UPON THE PASSAGE AND ACCEPT- ANCE OF THE 'FRANCHISE HERE- IN GRANTED' AND THE SUM OF FIF- TY DOLLARS ($50.00) ON THE FIRST DAY OF JANUARY OF EACH' YEAR DURING THE LIFE HEREOF; PRO- VIDING THAT THIS ��+gg,ANCHISE SHALL BE SUBJECT, TO TiTE TERMS AND CONDITIONS OF THE CHARTER EREOF; AND PROVIDING THAT UP N TERMINATION FOR ANY CAUSE1 HE TRACK HEREIN PROVIDED FOP HALL BE REMOVED AND SAID TREET PLACED IN FIRST CLASF ONDITION AT THE EXPENSE OF THE RANTEE, Willie J. Brockman Clerk ` r, r No Text No Text jq M ISSOU R1 PAcl Fic LI N ES 1 � 1 GULF COAST LINES INTERNATIONAL -GREAT NORTHERN LAND AND INDUSTRIAL DEPARTMENT HOUSTON 1. TEXAS C. C. LUCKEL W.C. MURPH LAND AND INDUSTRIAL COMMISSIONER INDUSTRIAL AGENT J. S. ANDERSON B. O. SMITH ASSISTANT LAND AND INDUSTRIAL COMMISSIONER December 5, 1917 INDUSTRIAL AGENT J. C. SOUTHWICK File: 461®74®I INDUSTRIAL AGENT Mrs. Willie J. Brockman City Clerk City of Beaumont Beaumont, Texas Dear Mrs. Brockman: Your letter of November 25th returning our acceptance of ordinance granting Guy A. Thompson, Trustee, the BSL&W Railway Company, Debtor, the right to construct an Industry Track in and across Orange Street which was passed and approved November 18, 1947. I have corrected our acceptance to read for a period of ten (10) years and I am returning herewith. Yours very truly, C. -C. uckel HFP/f e Attachment FRANK L. EVANS GENERAL AGENT City CoLm.Ynission City Hall Beau rmnt , Texas . Gentle?nen:. BEAUMONT. TEXAS October 3, 1947 File: 220-1 Herewith, in duplicate,. is a proposed ordinance frori -the City of Beaumont granting authority to construct a railroad track across: Orange..Lvenua by the Beaumont, Sour Lake and `17estern Railway Company (1dissouri Pacific Lines) v,,hi ch we hope ,ill be approved. This industrial track will serve the Southern Iron & Metal Comj)any doing business on their property on the corner of Orange and Bovie ;Streets and is badly needed to relieve a cone;estion on the track no,�r in use and parallel to this proposed track, inich serves the Josey hAller Company, American Radiator & Standard Sanitary Company as well as partially meeting some of the requirements of the Southern Iron & Metal Cormpany. Respectfully submitted. �_vrs ve r truly, 3nc 2