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HomeMy WebLinkAboutORD 14-H-91 AN ORDINANCE GRANTING TO THE BEAUMONT, SOUR LAKE & IESTERN RAILWAY COM. PANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO LAY CER- TAIN SWITCH TRACKS OVER CERTAIN STREETS AND ALLEYS IN THE CITY OF BEAU• MONT, BEING A CERTAIN SWITCH TRACK ACROSS RAILROAD AVENUE BETWMM CROCKETT STREET AND STREET IN BWMONT, TEXAS, AND A CERTAIN SWITCH TRACK OVER NECHES STREET BETVMN BOWIE STREET AND FANNIN STREET IN THE CITY OF BEAUMONT, TEXAS, MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, WITH THE RIGHT TO MAINTAIN AND OPERATE ITS TRAINS AND CARS THEREOVER FOR A PERIOD TO EXPIRE AT THE SAME TIMN WITH ITS FRANCHISE ON THE TRACKS TO WHICH THESE STITCH TRACKS CONXECT, AND PRE* SCRIBING THE CONDITIONS OF SAID FRANCHISE; WHEREAS, heretofore in Equity Cause No.271 in the District Court of the United States in and for the Eastern'District of Texas styled Beaumont, Sour Lake & Western Railway Company vs. City of Beau- mont, settlement was made by the terms of which the Beaumont, Sour Lake & Western Railway Company abandoned that portion of its tracks lying upon Bowie Street and between Park and Main Streets in said City of Beaumont, and in exchange for same it was agreed that it should have franchise for certain connections between its tracks in said City as hereinafter described, NOH, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT# SECTION 1. That the Beaumont, Sour Lake & Western Railway Company, its successors and assigns are hereby granted the privilege to lay and, construct certain single track switches over, upon and across the streets and alleys of the City of Beaumont, for the construction and maintenance of the following connections set forth upon the attached blue print and described as follows= (a) A track beginning at the end of the present switch of said Beaumont, Sour Lake & Western Rail_ way Company in an alley running from east to west through Block 55 of the Van Wormer Addition to the said Gity, and being in the middle of said alley; thence eastward along said alley and across Rail. road Avenue to the end of the existing sil,itch track on the west line in Lot 6 of the McMillan Addition to the said City* (b) A certain switch beginning on the east line of the property of Beaumont, Sour Lake & Western Railway Company east of their Freight Depot near the northeast corner of Block 1 of the McMillan Addition to Beaumont, Texas; thence east across Neches Street to the west line of Block 59 of the original Town of Beaumont, Texas, k • 1 • � Y 4 SECTION 119 The Beaumont, Sour Lake & Western Railway Company, its suc- cessors and assigns are hereby granted the right, and privilege to maintain said tracks, and operate its trains and cars thereover for a period terminating with the expiration of its franchise on the tracks to which said switch tracks connect, SECTION 111. This right and privilege is granted upon the expressed condi- tion that said Railway Company shall within thirty (30) days after final passage of this ordinance file with the City Clerk of the City of Beaumont in mriting its regular acceptance of this ordinance. SECTION lVe The grantee shall, at its own expense, maintain its crossings over said streets in good condition for traffic and ballast the same with gravel, shell or some other road material to be approved by the City Engineer of the City of Beaumont and shall maintain its tracks on a level with the surface of said streets, except at such por. tions of said streets that may be paved and on said portion, said Company shall pave said street and lay its tracks according to the plans and specifications prepared by the City Engineer and approved by the City Commission and at its own expense pave such portions on each side thereof, and construct permanent street crossings accord- ing to the blue prints hereto attached, marked Exhibit B, under the direction and supervision of the City Engineer. SECTION V. This ordinance is passed subject to all the terms and provisions of the Charter of the City of Beaumont. SECTION Vl• This ordinance khall.,go into effect sixty (60) days after its adoption on its third and final reading and the filing of acceptance and publication. Passed on the third and final reading, his the 1 14 - day 0 ' .D.190 Mayor Rl�) . /Y --H STATE OF TEXAS : : KNOW ALL MEN BY THESE PRESENTS: That, COUNTY OF JEFFERSON : WHEREAS, on January 7, 1930, the City Commis- sion of the Cit; of Beaumont, Texas, passed an ordinance, bearing the following caption: And, "GRANTING TO THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO LAY CER- TAIN SWITCH TRACKS OVER CERTAIN STREETS AND ALLEYS IN THE CITY OF BEAUMONT, BEING A CER- TAIN SWITCH TRACK ACROSS RAILROAD AVENUE BE- TWEEN CROCKETT STREET AND BOWIE STREET IN BEAUMONT, TEXAS, AND A CERTAIN SWITCH TRACK OVER NECHES STREET BETWEEN BOWIE STREET AND FANNIN STREET IN THE CITY OF BEAUMONT, TEXAS, MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE, WITH THE RIGHT TO MAINTAIN AND OPERATE ITS TRAINS AND CARS THEREOVER FOR A PERIOD TO EXPIRE AT THE SAME TIME WITH ITS FRANCHISE ON THE TRACKS TO WHICH THESE SWITCH TRACKS CONNECT, AND PRESCRIBING THE CONDITIONS OF SAID FRANCHISE." WHEREAS, Section VI of said ordinance reads as follows: "This ordinance shall go into effect sixty (60) days after its adoption on its third and final reading and the filing of acceptance and publication." NOW, THEREFORE, THIS ACCEPTANCE, WITNESSETH: The Beaumont, Sour Lake & Western Railway Company accepts the aforesaid ordinance and all of the terms and conditions stated therein. IN TESTIMONY WHEREOF, The Beaumont, Sour Lake & Western Railway Company has caused these presents to be executed on this the� - day o , A. D. 1930. THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, By ATTEST: Its Vice President. Secretary. N, CROs K Lev, " 2 =5 46 \ j 5. AOL s F- MISSOURI PACIFIC LINES PLAN • WING Z" C 67at alarnon Texas ` C :w t' �'► AOffice of Chi*# Engr., Houston, Texas =r 19f D, /4-,4 /7-/13D The State of Texas, County of Jefferson I Before e, the undersigned authority, on this day personally appeared------------------------------------ _ ppeared------------------------------------ . ...... ............................known ........................ known to me, who being by me duly sworn, on his oath de- . ................ poses and says that he is the— A ----- .... L ..... .......... of the Irk IM4d E �'� �,BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and foreg was published in said newspaper, such publication being on the follow- ing dates: ................. ------- I-Sf . ... .................................... A. D. 19-2a and a newspap py py of which is hereto attached. 00 . ........ . ................. . ............. Sworn to and subscribed before me, this...._. ._...day of...' ................... . ... D. 1930 74—Legal Notices AN ORDINANCE Granting to the Beaumont, Sour Lake & .................................. . . . . .............. .................. Western Railway company, its successors ,.. --------------- and assigns, the right and privilege to Notary Public,- Jefferson-'Cou7-n-., Texas. lay certain switch tracks over certain„ streets and alleys in the city of Bealfth m..t, being a certain swit-,h track arl Railroad avenue between Crockett str and Bowie street in Beaumont, Tex and a certain switch track over Nee street between Bowie street and Fanil street: in the city of Beaumont, Texas more particularly described in the body to of this ordinance, with the right I maintain and operate its trains LP 4 la streets wont, I Railrm and Y and a street. I street, more of th maint ears ) ig a cer,,t- oma••-• -- avenue between Crookett i Se street inJtOh Beaumont, 7 ttrack over weenaBo l street and F the city of Beaumont, 7 ticularly described in the ordinance, with the rig) and operate its trains ---r for a period to a neat, and said franc R Whereas, 771, in the txcates in a rms of which thecompany aband� Western Ra11waY tJiat portion of its tracks lying upon Ao fn�saldnaibytof Beaumonn park t and Main Inxa ,aflange for same tt was agreed that %should have franchise for certain conn 1��jjoons between its tracks in said city �areiw, tb •dl rib Now, the be it ordained ' ,amity Commission ECTION of the t City of Beau"" That the Beaumont, Sitar successke orsV Railwayherebycompany, Railway are hereby granted the prlvi Wto )ay and construct certain single ti across the Switches overt up _ on and _cre�.,�.ujf the present o-ily cu Your Lake and Western Rfrom east zpaany in an alley running +vest through block 55 of the Van be rnet addition to the said City, a Ce e° the middle of said alley: and along said 611ey and across Railr avenue to the end cf the existing swi of tree, cMillan addit on tonethe said Of lot 5city. t (b)certain switch beginningoon east line of the property aUMO your Lake and Western Railway com east of their Freight depot near the no east corner of block 1 x t; the M1ea 4dition to Beaumont, Texas; road Neches street to the west lira block 69 01 the original town of Be _ Mont, Texas. SECTION 2 k The Beaumont, Sour Lake r Western gallwaY company, iia successors and rac signs, are hereby granted the right per iateeits trains and carslahere over for terminatiR with the exPirabiori' od.,. cracks to which ih-li' h traca.aSECTION 3isright and privilege is granted expressed condition thatv si(dpTBpang shall within thtrtr finalassage cler offthe cityUldinof96 c8eah the citytordinar tinnee.g its regular acceptance SECTION 4 j. The grantee shall, at its own ex tr maintain its crossings over said sir c and bs giegood sam'ewi condition 6i lr 1 hell traffior some o 9.cad material to be approved by the Cglineer of the city of Beau n a level I helsurfacetaof sits aidtstreetsracks �except at portions of said rt e tssa that compa be Y .and on said P its tracks pave said street fans land specifica r Cording to the epCity Engineer and repared by city commission snd Wpped by the ave such portions on own expense Pand construct perm side thereof, according to the w atrset crossings marked exhi prints hereto attached, supervision under the decion and y the City EngineerCTI BE passed subject ON 5all rovisiof the char ons ter This ordinance is to to the terms and P of the city of SECTION 6 This ordinance shall go into effect sixt T l T days after its adoption on is thir and final reading and the filing of accept• aace and publication. 1 Passed on the third iJanuarYSAaI reaP17 193S. this ilia 7th day, gned) C. M. WJUTE, Mayor P" Tr3w s IV