HomeMy WebLinkAboutORD 19-SAN ORDINANCE
AN ORDIItTANCE GRANTING TO THE BEAUMONT WHARF AND
TERIVIINAL COMPANY, A CORPORATION, ITS SUCCESSORS,
ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO
MAINTAIN AND OPERATE THE NORTH BR? -NCH OF ITS MAIN
DINE TRACK OF STANDARD GAUGE, IN ALONG, UPON,
OVER AND ACROSS MAGNOLIA, LONG AND GRAND AVENUES,
"JILLOrIN, PEARL AND PINE STREETS, AND A PUBLIC ROAD
OR STREET LEADING TO THE CITY DULIP, IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND THE
RIGHT AND PRIVILEGE TO I!AINTAIN AND OPERATE ITS
SOUTH BRA14CH OF- MAIN LINE TRACK OF STANDARD GAUGE
IN; ALONG, UPON, OVER AND ACROSS RAILROAD AVENUE,
COLLEGE AND NASHINGTON STREETS, HOLMES AVENUE,
MI.AM STREET, ARCHIE AVENUE, FRANKLIN, AUSTIN,
NECHES, PARK, ORLEANS, PEARL, MAIN AND MARKET
STREETS, OVER AND ACROSS A PUBLIC ROAD OR STREET,
AN EXTENSION OF FRANKLIN STREET, AND A PUBLIC ROAD
OR STREET, AN EIi
of the north and south branches being described as follows:
Said center line of the north branch thereof enters
the west line of Magnolia Avenue at said Company's
Track Chaining Station 32+72 n3; . thence in an easterly
and southeasterly direction over and across magnolia
Avenue, in, upon and along hong Avenue, over and
across Grand Avenue, - illoiry and Pearl Streets, in,
upon, along, over and across Pine Street, and over
and across a public road or street, leading to the
City Dump in said City to a point where the north
branch of said main line track leaves said public
road or street and enters private property at said
Company's Track Chaining Station %+78.,6.
Said center line of the south branch of. said
Company's main line track begins at its connection
in Railroad Avenue, opposite Lot 6 of Block 8 of Van
oformer's Addition to'said City, with the main line
track of Gulf, Beaumont Kansas City Railway Company
at said Railway Company's Track Chaining Station
4+08.8, which point of connection is 1.43.8 feet
northwesterly from the center line of the East Texas
Traction Company's crossing, as now or formerly loca-
ted in the center of College Street of said City, and
runs thence in a general southeasterly, easterly,
northeasterly, northerly and northwesterly direction,
in, upon, and. ayl..ong Railroad Avenue, over and across
College,and. Nashington Streets, Holmes Avenue, P; lam
Street, Archie Avenue, Franklin Street, in, upon, and
along Austin Street, over and across Neches, Park,
Orleans, Pearl, Main and 171arket Streets, over and
across a public road or street, an extension of
Franklin Street, and a public road or street, an ex-.
tension of. I!,Iilam Street, where the south branch of
said main line leaves said road or street at said
Company's Track Chairing Station 49+56 and enters the
property of The City of Beaumont, Texas, the location
of said north and south branches of the main line
track of said Railway Companyy are as shown, by red line
on print C.E.G. IJo. C-22-1811. 2, dated January 30, 1948,
hereto attached, marked "Exhibit All and made a part of
this ordinance.
Section 2.
The tracks to be maintained and operated under this ordi-
nance shall be used only for the purpose of loading, unloading
and/or switching to industrial tracks turning out of said north
and south branches of said main line track serving commercial
and industrial enterprises now or hereafter located in the vicinity
of said tracks. The Grantee shall have the right to operate
engines, trains and cars over said tracks so as to further the
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interest for which this grant is given, provided that no engines,
trains or cars of any kind shall be allowed to stand on any
portion of said tracks located within a public street of the
City of Beaumont, and provided further that all engines, trains
and cars operated over said public streets shall be operated
thereover in such a manner as not to unreasonably interfere with
public traffic in, upon, along, over and across said streets or
any portion thereof, and except insofar as is reasonably neces-
sary in the movement and handling of cars on said streets, same
shall be kept clear.
Section 3.
The Beaumont 'r(harf and Terminal Company shall, at its own
expense, maintain and operate said railroad tracks and adjacent
areas herein involved, in accordance with the Charter and
Ordinances of the City of Beaumont, now enacted or hereafter to
be enacted, and in accordance with the Exhibits attached hereto
and made a part hereof. Furthermore, said Beaumont-,Vharf and
Terminal Company shall maintain such drainage facilities and do
such other work at the time or at a later date, at the direction
of the City Engineer, in connection with the franchise herein
granted, as shall in the opinion of the City Engineer be desir-
able.. 411 street work provided for herein shall be done .Knder
the direction of the City Engineer.
Section 4.
The foregoing rights and privileges 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 hereof, and.
upon further condition that the grantee shall pay to the City of
Beaumont upon acceptance hereof, the sum of Fifty and No/lOO
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050,.00) Dollars; and in addition thereto shall pay to the City
annually and in advance --on the. 1st -day of April the sum'' -Fifty -
of
and N0/100 ($50.00) Dollars per.an.num so long as this ordinance
shall remain in full force and ;_effect, the .payment to b e made -
upon acceptance as aforesaid to constitute payment for the first-
year or part thereof:remaining when this ordinance -shall -become'
effective. If such sums be not paid.
when due and if default in
payment thereof continues for thirty (30) days .thereafter, the
rights and privileges herein -granted shall cease' and terminate.
Section 5.
This franchise is granted subject. to all .the -provisions
of the charter and ordinances of the City of'Beaumont_now in of
feet or hereafter to be. adopted -or enacted. `
Section 6.
If the Beaumont Wharf & . Termina-1--C-ompany 'shall fail to
use; maintain. and- operate said, t -racks for any_ period of _six months
this ordinance shall become null and void and fully terminated.
Section 7.
This, ordinance shall go into force and- effect sixty (60)
days after its. adoption and, approval and -only then upon the fil-
ing of written acceptance as provided in. Section Four .(4.) hereof,
and shall -continue-for":a per-iod'of ten- (10-) years. thereafter; -un-
less-sooner--terminated as"`provided herein, provided. that the City
of Beaumont may., in furtherance 6f -plan regarding railroads with-
in the City cancel this:. franchise-. upon .six (6) 'months notice in
writing given to grantee by grantor of its intention to cancel
same. Upon. -the termination, of this franchise for'any- reason,
grantee ' shall- within ninety (90) days thereafter remove from the
C1
streets herein involved, all -rails, -ties and other construction
material and place such streets in substantially their present
condition. -
Section 8.
Grantee shall indemnify, save and hold the City of Beau
Mont harmless from any and all liabilities, claims, judgments,
damages, costs and expenses whatsoever growing out'of or result-
- ing in any way from the maintenance or operation of said railroad
tracks, or the failure of the said grantee to do -and perform any
of the same- or -in any manner growing out of or resulting from -
the granting of this franchise,: and should any judgment be ren-
dered against said City for any cause growing out of or resulting
in any manner from the maintenance or operation of said.railroad
tracks, or the failure of the said grantee to do and perform any
of the same or in any manner growing out of or resulting from the
granting of this franchise, then.'grantee agrees to -pay and satis-
fy said judgment before. and without said City --doing so.
Section -9.
The germ "Grantee"., - as used ixi: this ,ordinance shall• -be
construed to include said Beaumont Whharf and Terminal Company.,
its.successors, assigns,. lessees and other Railway Companies,.
now or hereafter having trackage rights over any of the tracks-
-covered hereby.
- PASSED -by -the City Commissions .first reading on_the .;3..f,
day of _-',�.�►�./ , A.D. 1948.
PASSED by the City Commiss ion;- .second . reading on the 3'0
-day of � A.D. 1948.
PASSED by the City Commission,.. third reading on ' the
day of .A.D. 19.48.
S TAT2 OF T."F1UIS
COUNTY OF JE FERSON r
CITY OF BEAUTJONT �
City Clerk of the
City of. Beaumont, Texas, do hereby certify that the above
and foregoing copy is a true and correct copy of an Ordinance
sassed by the City Commission of the City of Beaumont on
GIVEN UNDER MY HAD AND SEAT, OF THE" CITY Or BEAUMOPiT,
this the day of , A. D. 1948.
City Clerk
-b-
Gulf, Colorado and Santa Fe Railway Company
G. E. SCHtiLER,
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
itEGI STERED PSAI L
Galveston, Texas,
Ordinance - Beaumont Marf and Terminal Co.
Operation over certain streets - Beaumont*
Mrs. 1,11illie J® Brockman,
City Clerk,
Beaumont, Texas.
Dear Lgadamt
a
May 5, 1948
I hand you herewith written acceptance by Beaumont
Wharf & Terminal Company of ordinance passed by the City Com-
mission of Beaumont on April 27, 19481, ;ranting said Company the
right to maintain and operate tracks in certain streets in the
City of Beaumont, Texas, as described.in the ordinance.
Please acknowledge receipt of.the acceptance.
We are enclosing voucher in favor of Don Terry, City
Tax Collector, Beaumont, to cover acceptance payment of $50 re-
quired under Section 4 of the ordinance.
Yours truly,
and a Tax C ommi. ssi oner
Enc
s
c c Cdr. J. P. Corley
rh1r. C. S. Ileal
Mr. K. I�. Fogg
fir. W. K. Lenard
Mr. V. F. Donoho
9
GALVESTON 9 TEXAS, May 5 , 1948
To the
Honorable Mayor and
Board of Commissioners of the
City of Beaumont, Texas t
BEAUMONT WHARF AND TERMINAL COMPANY hereby signifies and files
in writing its acceptance of an ordinance passed by your honorable body on
the 27th day of April, 1948, entitleda
"AN ORDINANCE GRANTING TO THE BEAUMONT WHARF AND TER21E NAL COMPANY,
A CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND
PRIVILEGE TO %I;AINTAIN AND OPERATE THE NORTH BRANCH OF ITS MAIN
LINE TRACK OF STANDARD GAUGE, IN, ALONG, UPON, OVER AND ACROSS
MAGNOLIA, LONG AND GRAND AVENIT135,11ILL079 PEARL AND PINE STREETS,
AND A PUBLIC ROAD OR STREET LEADING TO THE CITY DUMP, IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND THE RIGHT AND
PRIVILEGE TO MAINTAIN AND OPERATE ITS SOUTH BRANCH OF WAIN LINE
TRACK OF STANDARD GAUGE IN, ALONG, UPON, OVER AND ACROSS RAILROAD
AVENUE, COLLEGE AND WASHINGTON STREETS, HOLMES AVENUE, MILAM S`T'REET,
ARCHIE AVENUE, FRANI�IN, AUSTIN, NECHES, PARK, ORLEANS, PEARL, MAIN
AND MARKET STREETS, OVER AND ACROSS A PUBLIC ROAD OR STREET, AN
EXTENSION OF FRANKLIN STREET, AND A PUBLIC ROAD OR STREET, AN EXTENSION
OF UILAM STREET, IN SAID CITY, PROVIDING REGULATIONS AND RESTRICTIONS
FOR THE USE OF SAID TRACKS; PROVIDING THAT SUCH MAINTENANCE AMID
OPERATION BE IN ACCORDANCE WITH'THE CHARTER AND ORDINANCES OF THE
CITY AND IN ACCORDANCE 1;12TH EXHIBITS, AND REQUIRING SUCH OTHER
DRAINAGE FACILITIES AND 1;1ORK TO BE DONE AS THE CITY ENGINEER MAY
DIRECT; REQUIRING ACCEPTANCE BY GRANTEE . VdI THI N THIRTY (30) DAYS OF
PASSAGE AND APPROVAL; PRESCRIBING FEE TO BE PAID AND DESIGNATING
WHEN THE SUM SW: LL BE PAID AND SE TTI NG FORTH FORFEITURE PROVISION;
MAKING SUCH FRANCHISE SUBJECT TO THE CHARTER AND ORDINANCES OF THE
CITY 1140';7 IN FORCE OR HEREAFTER TO BE ENACTED OR ADOPTED; PROVIDING
FORFEITURE FOR FAILURE TO USE, NLUNTAIN, 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, OTHERCONSTRUCTION
OR MATERIALS 111 THC N NINETY (90) DAYS AFTER TERLUI NATI ON, AND THE
PLACING OF SUCH STREETS IN SUBSTANTIALLY THEIR PRESENT CONDITION,
AND PROVIDING INDEMNITY CLAUSE "
'E' UIytONT WHARF AND TERMWI NAL COMPANY,
�y\
and Tax Commissioner