HomeMy WebLinkAboutORD 25-HAN ORDINANCE
Granting to the Beaumont; Sour Lake & Western Railway
Company, its successors and assigns, the right and privilege to
tonstruet and maintain the certain following described railroad
trackage in along, upon and across the alley of'Blocks 2 and 3
of the McMullan Addition to the City of Beaumont, and' across Jef-
ferson Street, and prescribing the conditions thereof;
BE IT ORDAINED BY THE CITY COMMISSL ON G' THE
CITY OF BEAUMONT:
Section 1.
That the Beaumont, Sour Lake & Western Railway Company,
its successors and assigns, are hereby granted the right and privilege
at its own expense to construct, maintain, repair and operate and
use a spur track in, over and along the alleys in Blocks 2 and 3
of the McMillan Addition and across Jefferson Street in the City
of Beaumont, Texas, said spur track to be in a location partinularly
described as follows:
COMMENCING at the point of intersection of
the easterly line of Archie Ave; produced in
a northwesterly direction, and the center
line of an existing industry track located in
the center of said alley;
THENCE, northeasterly, along center of said
track, a distance of 35 ft: to point of switch
for the point of beginning;
THENCE, continuing northeasterly along said
alley and crossing Jefferson Street, a distance
of 30 ft. in all to the and, said track to be
in the position indicated by a mauve line of
Exhibit A. attached hereto, and made a part hereof;
Section 2:
The grant*q,its successors and assigns, shall have the
right to operate trains, engines and cars over said trackage when
done so to further the interest for which this grant is given, said
trains, engines and cars to be operated thereover in such manner as
not to unreasonably interfere with public travel upon, along or
across said alley or street, or any portion of either, and except
insofar as is reasonably necessary in the switching, storing, move-
ment and handling of cars in said street and alley, they shall be
kept clear.
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Section 3:
That the said Beaumont,Sour Lake & Western Railway Company
shall be required at its own expense to construct and maintain suitable
ditches and culverts for the purpose of properly draining said street
and alleys along and over which said railroad 'trackage is authorized
to be laid, and shall, at its own expense, in the event that the City
of Beaumont desires to pave said street or alleys, pave between the
rails of said track and for a distance of two feet on each side thereof,
and to construct and maintain at its own expense good and sufficient
crossings at the intersections of all streets crossed by said railroad
tracks, with easy approaches thereto, and Z..oh crossings on paved streets
to construct permanent crossings in accordance with blue print attached
hereto and marked Exhibit B, and under the direction of the City
Engineer:
Section 49-
The
:
The trackage herein described shall be laid under the
direction and supervision of the City Engineer of the City of Beaumont,
and should a dispute oiter laid construction arise, the grantee, its
successors 4fid assigns, hereby agree to refrain from doing said work,
or any part thereof, until the matter of dispute has been settled by
the City Commission of the City of Beaumont.
Section 5;
This ordinance is passed subject to all the terms and
provisions of the Charter of the City of Beaumont;
Section -6.-
The
;
The foregoing rights and privileges are specially granted
upon the express condition that the said gnantee, its successors and
assigns, shall within thirty (30) days after the passage and approval
by the Mayor of this franchise, acting throuji its proper officers,
file with the City Clerk its written acceptance of this ordinance,
and upon the further condition that grantee shall pay to the City of
Beaumont upon acceptance hereof the sum of Ten Dollars ($10;00), and
in addition thereto shall pay said City the sum of Ten Dollars ($10;00)
per annum so long as this ordinance shall remain in force and effect,
-2-
and said tracks shall remain in said street and alleys, the payment
to be made upon acceptance as aforesaid to constitute the first of
sura annual payments;
Section 7;
This ordinance shall go into force and effect from and
after its passage and approval by the Mayor, and the filing of the
11
written acceptance as provided in Section 6 hereof, and the lawful
publication as provided by the City Charter, and shall continue for
a period to expire at the same time with the franchise for trackage
now operated and maintained upon and along adjacent streets and
alleys;I CL,
Gassed this the day ofL r, At D. 7� `l,
Approved this the LI day of s A D. 149;
..
0
STATE CP TEXAS )
KNOW ALL MEN BY THESE PRESENTS: That
COUNTY OF JEFFERSON )
SMREAS, on February 11, 1930, the City Commission of the
City of Beaumont., Jeffers 6n County, Texas, passed and approved an
ordinance bearing the following caption: -
and ,
"Granted to The Beaumont, Sour Lake & Western
Railway Company, its successors and assigns, the
right and privilege to construct and maintain the
certain following described railroad trackage in,
along, upon and across the alley of Blocks 2 and 3
of the McMillan Addition to the City of Beaumont,
and across Jefferson Street, and prescribing the
conditions thereof."
WHEREAS, Section 6 of said ordinance reads as follows: -
"The foregoing rights and privileges are spe-
cially granted upon the express condition that the
said grantee, its successors and assigns, shall within
(30) days after the passage and approval by the Mayor
of this franchise, acting through its proper officers,
file with the City Clerk its written acceptance of this
ordinance, and upon the further condition that grantee
shall pay to the City of Beaumont, upon acceptance here-
of, the sum of Ten Dollars ($10.00), and in addition
thereto shall pay said City the sum of Ten Dollars
($10.001 per annum so long as this ordinance shall
remain in force and effect, and said tracks shall
remain in said street and alleys, the payment to be
made upon acceptance as aforesaid to constitute the
first of such annual payments."
NOW, THEREFORE, this acceptance W I T N E S S E T H:
The Beaumont, Sour Lake & Western Railway Company has accep-
ted and does hereby accept said ordinance and all of the terms and
conditions thereof, and agrees that it will be bound by all of the
terms thereof in consideration of the rights and privileges granted
to it thereby
IN WITNESS WHEREOF, The Beaumont, Sour Lake & lNestern Rail -
gray Company has executed these presents on this the 8th day of
March, A.D., 1930.
THE BEAUMONT,SOUR LAM & eiESTERN RAILWAY COMPANY,
� BY
Attest Secretgry.
Its Vice President
V4 16, Approved: General Manager
Approved as to Engineering.
Approved General Attorneys.
Form BW
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� i ,EXHIBIT A •
MISSOURI PACIFIC LINE5
B.S L. & YY Rr
DEQZ111VC Y D1 VISION
proposed Franchise
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Dec 1.5. /32,P
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equals.. 1-049.. File No. A-241
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MISSOURI PACIFIC LINE5
B.S L. & YY Rr
DEQZ111VC Y D1 VISION
proposed Franchise
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5E4Z11y701V 7- TEYA,5
Dec 1.5. /32,P
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MISSOURI PACIFIC LINES
GULF COAST LINES
INTERNATIONAL- GREAT (NORTHERN
D. P. PACE LAND AND INDUSTRIAL DEPARTMENT
LAND AND INDUSTRIAL COMMISSIONER
A. E. BUCK
ASSISTANT LAND AND INDUSTRIAL COMMISSIONER
A. C. JACKSON
ASSISTANT LAND AND INDUSTRIAL COMMISSIONER
HOUSTON. TEXAS,
Dec. 19th 1e29
Lic -'U-. 1 3/18/29
-"-le: 461-1015
lv:essrs. butler Fk .eeves,
il'hert :ail iin, ,
.LD e-njrront, eXas.
'.ttention- ..''. �eeT;es :
Lear 1,.r. =reeves :
I an returning; herewith the franchise
coverIng t-ze riFht6 to -lay a track in an alley bact- of Blocks
2 and 3, T, c �:illar_ �yr,i-ion, }.�hich ,you will note bears the
anprovm.l o`' our -(-neral =attorneys as to 'ori -,1 and ,-,'rich anpe^rs
to be satisfac"ory to the balance of -us, and volt Tray :-:o ahead
and handle as fou outlined s orae L: me ago.
Yours very truly,
:"CJ -p
t
I
The State of Texas,
County of Jefferson
pct, aT-
Before me, the undersigned authority, on this day personally appeared ....................................
nown to me, who being by me duly sworn, on his oath de-
�:r
poses and says that he is th ...................... .................. G �z-----.-of the BEA ?'
-kNiE`RPI� *, BEAUMONT JOURNAL, a newspaper published in said county; that a copy of
the within and foregoing was published in said newspaper, such publication being on the follow -
'2 ollow-2
ingdates---------------------.-------- ----------- { ------------------------A. D. 19---
and a newspaper copy of which is hereto attached.
eo
----- - - - - -- Cif /..
19111k4`
'eras.
Sworn to and subscribed before me, this ......
e?F%...... day Of
._--
AN oFimAx(m granting to the Bea
moat, "Sour Lake and Western Rail tj
ssigns
mpany, its successors and a, the
ht and privilege to construct anp
intain the certain following describ
-
road trackage in, along, upon a
the alley of blocks a and 3 of the
of Be&u-
.....................................
Notary Public, Jefferson
Mi
Int,addition to the city
nt, and across Jefferson street, and
ascribing the conditions thereof. Be it
wined by the City Commission of the
ty o1 Beaumont- Section 1. That the
aumont, Sour Lake and Western Rail -
ay company, its successors and asst
re hereby granted the right and privile
at its own expense to construct, main-
E
-
repair and operate and user& spui
19111k4`
'eras.
lows: Commencing at the point or
"section of the easterly line of Archie
!nue produced in a northwesterly d1:
tion, and the center line of an eiW
ng industry track located in the can-
of said alley; thence, northeaster
ng center of said track, a distance
feet to point of switch for the po
beginning; thence, continuing nor
Iterly along said alley, and cross
ferson street, a distance of 592 feel
all to the end, said track to be to
I posltion indicated by a mauve liatl
Exhibit A, attached hereto, and me
part hereof. Section 2. The gran
cars
successors and assigns, shall ha
I right to operate trains, engines a
rs over said trackage when done no'
rther the interest for which this gr
goperat
operated thereover In such mann
not to unreasonably interfere wt
blit travel upon, along on across sal
ey or street, or any portion of eithe,
A except insofar as is reasonably neo-
nary in the switching, storing, move)
ant and handling of cars in said str
A alley, they shall be kept clear. Se
In 3. That the said Beaumont, So
eke and Western Railway company sh
required at its own expense to cc
ruct and maintain suitable ditches an
averts for the purpose of properlj
hining said street and alleys along and
ler which said railroad trackage L
ithoriaed to be laid, and shall, at it
an expense, in the event that the cit;
Beaumont desires to pave said scree
alleys, pave between the rails of aab
ack and for a distance of two feet 01
Ich side thereof, and to construct and
aintain at its own expense good an
{ificient crossings at the intersectio
I all streets crossed by said railro
hacks, with easy approaches thereto, a
p�t crossings on paved streets to constrtl
lrmanent crossings 1n accordance wlfi
lue print attached hereto and mark/
rchibit B, and under the direction of til
teengineer. Section 4. The trackal
ern described ahall be laid under tit
action and supervision of the cit
!neer of Beaumont, and should a elb
over said construction arise, tt
rantee, its successors and assigns, herr
y agree to refrain from doing said wort
s any part theeof, until the matter I
spute has been settled by the city con
lesion of thecity of Beaumont. Sei
Dona ll. ll thehitermsi ands provis isions assed bj
sions ofti
1m0
rter of the city of Beaumont. Be,
6. The foregoing rights and pri,
e and approv
es are specially granted upon the e!
ss condition that the -said grantee, i
censors and assign, ahall within thir
the mayorof i
) yr a ths s fg
anch se.. acti
rough its proper officers, file with t]
y clerk its written acceptance of th
finance, and upon the further cone
that grantee shall pay to the ct
leoumont upon acceptance hereof t:
of Ten Dollars ($10,00), and in a
on thereto shall pay said city the su
Ten Dollars ($lo.00) per annum
1,�
as this ordinance shall remain
and effect, and said tracks sh;
in in said street and alleys, the pa
t to be made upon acceptance
esald to constitute the first of su
uai payments. Section 7. This c
nce shall go into force and effland after its passage and approi
he mayor, and the filing of the wr
acceptance as provided in Section
of, e.nd the lawful publication
ided by the city charter, and sh
inue for a period to a at t
e time with the f e or trac
now operated and maintained up
along adjacent streets and aIle;
ed this the 11th day of Februai
D. 1930. Approved this the 11th d
February, A. D. 1990. C. M. Whl