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HomeMy WebLinkAboutORD 27-SM S AN ORDINA1I0E GRANTING ID GUY A. TH01:2PSON, TRUSTEE, THE BEAUMONT, SOUR LAKE AND I"�STERN RAIMAY COLIPAIff, DEBTOR ?IN HIS CAPACITY AS TRUSTEE AND N\OT",INDIVIDUA.LLY), fus SUCCESSORS AND ASSIGNS (HEREINAFTER CALLED GRANTEE), THE RIGHT TO CONSTRUCT, MAINTAIN, REPAIR,RENEW AND OPERATE 9 INDUSTRY TRACK IN AND ACROSS ORANGE AVENUE, BEAUIvIONT, JEFFERSON COUNTY,.TFXAS; PROVIDING THAT SUCH TRACK SHALL EE USED ONLY AS AN INDUSTRY TRACK. AND THAT THE RIGHTS AND PRIVILEGES HEREIN GRANTED SHALL Imo, ACCEPTED IN MITING BY TM GRAN" E'E 111I`iHM THIRTY ' (30) DAYS AFTER FINAL PASSAGE AND _ APPROVAL OF THIS OMINAWPOE; PRO- VIDING THAT ID SAID TRACK IS NOT USED FOR ANY PERIOD OF SIX (6) MOiNTTHS THIS ORDINANCE AND THE RIGHTS IE'IEUNDER SHALL Mk*�JILNTA` E; PROVIDING THAT THE GRANTEE SHALL PAY TO THE CITY OF BEAUI+!IONT THE SUM OF FIFTY DOLLARS (�,350a00) UPON =1 PikSSACE' ARID ACCEPTANCE OF THE FRANCHISE HEMEIN GRANTED AND THE SUM OF FI'T.y DOLLARS 050©00) ON THE FIRST DAY OF JANUARY OF EACH YEAR DURING THC LIFE HEREOF; PROVIDING THAT THIS FRA.NTCHISE.SHALL BE SUBJECT TO THE TEMAS AND CONMTIONS OF THE CHARTER OF THE CITY OF BEAUM"ONT AND SHALL EXIST FOR A PERIOD OF TZV4; 0) ' YEAR'S, SUBJECT TO TM TEII2S HEREOF; AND PROVIDING THAT UPON TaNATION FOR ANY CAUSE THE TRACK HEREIN PROVIDED FOR SHALL BE R.E10M AND SAID STREET PLACED IN FIRST CLASS CONDITION AT THE EXPENSE OF THE GRAN'IM. EE IT ORDAINED BY THE CITY C019 ISSIaN OF THE CITY -OF BEAUbf M 2 TEXAS : . Section 1. Guy A. Thompson, Trustee, The Beaumont, Sour Lake & tiNestern Rai_1qy- Com ram, 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, repair, renew and operate, at his own e.yoense, a standard gauge railroad track in and across Orange Avenue, Beauunont, 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 140 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- V, '1- be allowed to stand on that portion of said track which is in said public street. Section 3. Grantee shall at his own e:�pense construct and main— tain suitable ditches and culverts along and over vftich, said trackage is authorized to be laid, in so far as the drainage thereof may be interferred with by the tracks, embanki:ents or other structures hereby authorized, and shall at his own e_%pense, in the event the City desires to pave said street, pave 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 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. Section 5. Should the grantee, his successors or assigns, cease to use said track for 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 hereof9 pay to the City of Beaumont the sum of Fifty Dollars (5150.00), and thereafter on or before the first day of January of each year of the term hereof the sam —2— f 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 arty 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 lgth day of November, 1947, by the affirmative vote of the City Commission of the City of Beaumont, Texas. Mayor, City of Beaumont, Texas ATTEST: City Clerk WHEREAS, the City Commission of the City of Beaumont, Texas passed on November 18, 1947 and approved November 18, 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, RENE1 AND OPERATE AN INDUSTRY TRACK IN AND ACROSS ORANGE AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING THAT SUCH TRACK SHALL BE USED ONLY AS AN IN11JSTRY TRACK AND THAT THE RIGHTS AND PROVILEGES HEREIN GRANTED SHALL BE ACCEPTED IN WRITING BY THE GRANTEE I%UTHIN THIRTY (30)DAYS AFTER FINAL PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT IF SAID TRACK IS NOT USED FOR ANY PERIOD OF SIX (6) NONTH& THIS ORDINANCE AND THE RIGHTS HER11UNDER SHALL TERMINATE; PROVIDING THAT THE GRANTEE SHALL PAY TO THE CITY OF BEAUMONT THE SUN OF FIFTY DOLLARS ($50.00) 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 TER1,1INATION FOR ANY CAUSE THE TRACK H=N PROVIDED FOR SHALL BE MIOVED 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, Sonar Lake & Western Railway Company, Debtor' now files with the City Clerk of the City of Beaumont, Texas, this written instrument, 4hich is an acceptance., in writing, of all of the t erms and provisions of said ordinary e. _ JY A. _ THOMPSON, TRUSTEE, THE BEAUMONT, SOUR LAKE & WESTERN RAID^NAY COMPANY, DEBTOR By �. ,.� Lanar* d d In3ustr 4al Commissioner M INTER -OFFICE MEMORANDUM 9� t 0V CITY OF BEAUMONT, TEXAS -V' " Date: October 9, 1947 To: Mr. F. S. Braden) City Manager From: R. Clyde Black Subject: Railroad Crossing . on Orange and Bowie Streets COMMENT: 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 properties. This crossing should be granted the Railroad Company to relieve the congestion of rai.lroad.traffic at this section. Very truly yours R. C134e Black City Engineer RCB :d H PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigfied 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 26, 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 day = of = A. D. 1Tl . NOTARV/1' BLIC in and for Jefferson County Texas Is to certhwt the City' Com- on of the City of Beaumont a in regular session held on the day of November, 1947, the fol- z ordinance: AN' ORDINANnF ANCE OF THE FRANCHISE IN GRANTED AND THE SUM TY DOLLARS ($50.00) ON THE DAY OF JANUARY OF EACH DURING THE LIFE HEREOF; VIDING THAT THIS RA] SHALL BE SUBJECT, TO . E O AND CONDITIONS F THE CH OF THE CITY OF BEAUMON SHALL EXIST FOR A PERIOD (10) YEARSlSUBJECT TO THE ONDITION AT THE EXPENSE OF THE RANTEE. Willie J. Brockman l Clerk " r zf - 1 ' No Text ' MISSO.URI PACIFIC LINES GULF COAST LINES INTERNATIONAL -GREAT NORTHERN LAND AND INDUSTRIAL DEPARTMENT C. C. LUCKEL LAND AND INDUSTRIAL COMMISSIONER J. S. ANDERSON ASSISTANT LAND AND INDUSTRIAL COMMISSIONER HOUSTON 1. TEXAS December 5, 1947 File: 461-74®I 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, 40 C. -C. euc4lk- HFP/f e Attachment W. C. MURPH INDUSTRIAL AGENT B. O. SMITH INDUSTRIAL AGENT J. C. SOUTHWICK INDUSTRIAL AGENT MISSOURI PACIFIC LIVES FRANK L. EVANS BEAUMONT. TEXAS " GENERAL AGENT October 3, 1947 File: 220-1 City Commission City Hall Beaumont , Texas , Gentlemen: Herewith, -in duplicate, is a proposed ordinance from. 'the City of Beaumont granting authority to construct a railroad track across: Orange.Ave.nua by the Beaumont, Sour Lake and 4ffestern Railway Company (Missouri Pacific Lines) which we hope trill be approved. This industrial track will serve the Southern Iron & Metal Coinoany doing business on their nr.operty on the corner of Orange and Bowie Streets and is badly needed to relieve a. congestion on -the track now in use and parallel to this proposed 'track, which serves the Tosey 14iller Company, &ieriean Radiator & Standard Sanitary Company as well as partially meeting some of the requirements of the Southern Iron & Metal Company. Respectfully submitted, Urs very truly, Mae 2