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HomeMy WebLinkAboutORD 3-E' t s AN ORDINANCE 11 .. •l Granting to the Beaumont, Sour Lake and Western Railway Company, its succes- sors and assigns, the right and privilege to construct and lay a track across Fourth Street in the city of Beaumont, and operate its trains and cars thereon at a point 22 feet North of the intersection of center line of the main track of the Beaumont, Sour Lake and 'Oestern Railway Company and the ;'est line of Fourth Street; thence Easterly across Fourth Street, intersecting the East line of Fourth Street at a point 7 feet from the center line of the main track of the Beaumont, Sour Lake and �,estenn Railvay; and extending Easterly beyond Fourth Street a distance of approximately 750 feet, and prescribing the conditions thereof. BE IT ORDAINED BY TIS CITY COT4HISSION OF T?IE CITY OF BMUMONT• Sec. 1. That the Beaumont, Sour Lake and Vlestern Railway Conroany in its own right, and in the right of its successors and assigns, is hereby granted, the right r~ of way, for and the authority to construct, own, maintain and operate, its railroad track, across the following street or highway within the corporate limits of the City of Beaumont, in addition to other tracks covered by its former franchises; that is to say for a crossing over and across Fourth Street of the City of Beaumont, for the IA e purpose of serving the plant of Beaumont Manufacturing Company, ti.,ith switch facili- ties same to be run as provided for in the application and blue print on file with the City Secretary, copy of which blue print is hereto attached and marked exhibit "A"; which track shall have field notes determining its location as follows: l "Beginning at the West line of Fourth. Street in the City of Beaumont approximately 22 feet North of the inter- section between the center line of the main track of the Beaumont Sour Lake and Western Railway Company and the gest line of said street, crossing said Fourth Street in an East- erly direction intersecting the East line of Fourth Street approximately 7 feet North of the intersection between the center line of said main line of the Beaumont, Sour Lake and western Ry. Co. and the East line of Fourth Street in the City of Beaumont Jefferson County, Texas, said track extending, Easterly beyond Fourth Street a distance of approximately 750 feet, to serve the existing plant and proposed extensions and new plant of the Beaumont Box TUg. Co., same to be located ma- terially as shot4n by the red lines on the blue print attached hereto and made a part hereof, and marked exhibit "A" for identification." Sec. 2. That the said Beaumont Sour Lake & Western Raill:,ay Company shall be required, at its own expense, to construct and maintain suitable ditches and cul - vents wherever necessary for the purpose of properly draining said street where same is crossed by the said railroad track, and to construct and maintain a good and suf- ficient crossing -at the intersection of said Fourth Street and said railroad track, with easy approaches thereto so as to keep said street and crossing in such condition iJ 'A ,4 Sec. 3. That said Beaumont Sour Lake and Western Railway Company shall be and is hereby required to construct and maintain said railroad track where it crosses said Fourth Street at the same grade or level as the established grade or level of said Fourth Street so as not to unreasonably interfere with public travel and traffic thereon,.and shall also within a reasonable time, not exceeding one year after the date at which this ordinance goes into force and effect, ballast said railroad track across said street between the rails and to,a distance of two feet on either side thereof with rock, gravel,�shell, sand, cinders, or other suitable material to be determined by the City Commission, in such manner that said track may be on a level with said street. Sec. 4. The foregoing rights and privileges are especially granted upon the express condition that the said grantee, its successors or assigns shall within thir- ty (30) days after the passage and approval by the Ia7ayor of this franchise, acting through its proper officer file with the City Clerk its written acceptance of this ordinance, and upon further condition that the track to be constructed hereunder shall be completed within sixty (60) days from the passage hereof and upon failure of the grantee, his successors or assigns, to file its acceptance as provided herein, then this franchise shall be null and void and become of no further force nor effect. Sec. 5. This ordinance shall go into force and effect from and after its pass- age, approval by the Mayor, the filing of the written acceptance, as provided in see - tion four hereof, and the lawful publication as provided in the City Charter, and shall eg4 9t) continue in force for a period of t'e (Z&) years and shall be subject to the right of the City to purchase the same and to all other valid provisions of the Charter of the City of Beaumont, affecting and regulating the granting of franchises. Passed this 2 day of .- - , A.D. 19249 approved This day of , A.D. 192, 10 1& 1 1 w 3Sf 66PRE9E/YTf�jB " 135199 f�B /'fill TRACK V S+ 1 pr AN ORDINANCE Granting to the. -Beaumont, Sour Lake and Western Railway Company; its successors and.assignB,, the -right and privilege to construct and lay a track across Fourth Street in the. City of Beaumont, and operate its trains and cars thereon at a point 2 feet North of the intersection of center line of the main track of the Beaumont, Sour Lake and Viestern Railway Company and the I'Vest lin.e,of Fourth Street; 'thence Easterly across Fourth Street, intersecting the East line of fourth. Street at'a point 7 feet from the center line of the main track of the Beaumont, Sour Lake and Western Railway; and extending Easterly beyond Fourth Street a distance -of approximately 750 feet, and prescribing the conditions thereof. BE IT ORDADIED BY THE CITY COMIISSION OF THE CITY OF BEAUMONT: Sec. 1. That the.Beaumont, Sour Lake and 4estern Railway Com- pany in its own right, and in the right of its successors and assigns, is hereby granted, the right of way, for and the authority to con- struct -own, onstruet,-own, maintain and operate, its railroad track, across the following street or highway within the corporate limits /of the City of Beaumont, in addition to other tracks covered by itsj.former franchises; that is to say.for a crossing over and across Fourth Street of the City of Beaumont, for toe purpose of serving the plant of Beaumont Box Manufacturing Company, with switch facilities same to be run as provided for in the application and blue print on file with the City Secretary, copy of which ,blue print is hereto attach- ed and marked exhibit "All; which track shall have field notes de- termining its location as follows: "Beginhing at the West line of Fourth Street in the CCity of Beaumont approximately 2,e feet. North of the intersection between the center line of the main track of the Beaumont,.sour Lake and Western Railway Company and the best line of said street, crossing said Fourth Street in an easterly direction intersecting the East line of Fourth Street approximately 7 feet North of the intersee- t1on.between the center line -of said main line of the Beaumont, Sour Lake and Western Ry. Co. and the East line of Fourth Street in the City of Beaumont Jefferson Count Y. Texas, said track ex- tending Easterly beyond ourth*Street a distance of approximately 750 feet, to serve the existing plant and proposed extensions and new plant of the Beaumont Bog Mfg. Co., same to be located -materially as shown by the red -lines on the blue print attached hereto and made a part hbreof, and marked exhibit "Aea for identification." See. 2. That, the said Beaumont Sour Lake & Y est ern Railway Company shall be required, at its own expense, to construct and maa.-intnin 5n -3 -table .ditches and culverts wherever necessary for the sufficient crossing at the intersection of.said Fourth Street and said, railroad track, with easy- approaches thereto so as- to keep, said street and crossing. in such condition as not to unreasonably interfere -With P'ublic"t-rave'l.'and traffic thereon. 'See -.. S ed 3. That said Beaumont Sour -'Lake and Ilestern Railway 06-m 6h, .p shall be and is hezoby required to construct and maintain said railroad track where it -crosses said Fourth Street at the same grade -or level as the establizhe-d grade or level of said Fourth_ Street so as not to unreasonably interfere with public'.,travel and traffic therpon, and shall also within a reasonable.time, not oz- ceeding one year after the d -ate at; which this ordinance goes into force and effect; ballast said 'railroad track across I said. street between the rails -and to a distance of two feet on either side there7of with rock, gravel, shell,, sand, cinders, or other suitable material to be -determined by the City Commission,, in such manner that 'said track may be on a level with said street. See. 4o The foregoing rights and privileges are especially granted upon the express conditionthatthe said grantee, its successors or assigns shallwithin thirty (30) days after the passage and approval by -the Mayor of thi's franchise, acting through its proper officer file with -the City Clerk its written acceptance of this ordinance, and upon further condition that the track to be constructed hereunder shall belcompleted within sixty 160) days from the passage hereof and up-qn failure of the grante-e',, -his sna- cessbre or assigns, to file its acceptanc6 as provided herein, then this franchise shall be null and void and become of no further force nor effect. Sec; 5. This ordinance shall go into force and effect from wA- after its passage, approval -_by -the Mayor, the filing of the written acceptance, as provided in section four hereof, and the lawful puID- lication as provided in the City Charter, and shall continue in force for a period of Ton (10) years and shall b�-subjtct td -the right of tho,Qiiy to purchase the same and to all other valid proviskons of mho granting of franchises. i Passed this 29 day of April, 19249 approved this 29 day of April, A.L.. lgpA_. (Signed) J. LUSTIII BA1.1II. S C G mayor. �l COUNTY O-, J-1UP10I-TISON TO i'lI iO1Oi I'BLF, T 1:inYO-�? , 0Oi, ,`IS TO � 7� COUNCIL Oi' + CITY OF Our pe t1t 10iler , r r �T r'Q;'IT'l li if.' , r11� iil�.L' �{�� R11I ROAD respectfully shows unto your Tionors that it is owner and O-ce Tatar of a main line of railroad From loustoil Texas, through the city of Beau dont, and is a com:11on carrier of Frei;; ht and Passengers and has its main line crossing Fourth Street in the City of Beaumont, in the vicinity of the plant of 7eaLlmont Box 11actol'y, and has been serving said factory with a spur switch. That t1 -1)e i)lant of said Bos Factory, has been recently enlarged, -recu.irin,o,, different switch connections, and the said - I Box Factory has requested. Tour petitioner to eill�rge and improve its shipping facilities by the reconstruction of the spur tr4glz serving said plaint; which request your petitioner is trilling to grant, provided necessary franchise can be obt�.ine for crossing i ourth Street with said spur. In order to construct said tract, your petitioner respect- fully prays for a franchi se over, upon and across Fourth Street of the City of Beaumont, with description as follows: Beginning at the West line of .','our th Straet in the City of Be-azimolit approximately 2r feet North of the intersection between the center line of the main track of the Beaumont Sour .Lake and '�iestern Ry. Co. and the `s:`est line off said street crossing, said Fourth Street in an Easterly direction intersecting the Nast lisle of Fourth Street approximately 7 feet North of the intersec- tion between the center line of said. Plain line of the Beau- mont SoLu, Lake and Idester ray. Co. and the East line of Fourth Street in the City of Beaumont Jefferson County , Texas, Said track extending Easterly beyond Fourt l Street a distance of approxiirately 750 feet, to serve the existing plant and proposed extensions ana new ple:,nt of the Beaumont Box Mfg. Co. same to be located materially as sho,Fn by the red lines on c,"i--e blue pri llt attziched hereto and ins,de s part hereof, and msi:ked exhibit "din for identification. ., 11nd the Beaumont Box Manufacturing Company, does herehy respectfully join in this application, and does hereby recir est * '111N, � CCI C', r,-- IT CT Y21 E"1100 Dili IMLIOV MIST X09 1110FUMITa -ZI EK2,m& -ni Em -0 O'l , I,-' vul '7' za s C', IA 7.- K- U2T,,VT ® Y, -g CKV T,-71JT7 �Tllos 11701 L[WHIE Iml I 1 0. H-13= O-1/6 I 1 fit! s+'I,ee-t-, oPO3",Box_!B'X 4L'_ �9�t/� 4/f09 E/VOBUI�D/NG 41,106 END OF rRACN e� 1� I �i a 1 I �I i 1 I 1 �1 j I � 3Sf 66PRE 9E/vTf jB I 35t H9 HB /'1i 11 TRACK s 101OOENO OF Tf�ACX C2 cp�pt`� yob y Cn y -C. 5 =r j ACCEPTANCE 0 STATE OF TEXAS X COUNITY OF �i4_ -n 'v X :THEREAS, heretofore on the 29th day_of April A. D. 1924, the__ City Commission of Beaumont passed an ordinance entitled: An ordinance Granting to the Beaumont, Sour Lake arta Western Railway Company, its success- ors and assigns, the right and privilege to construct and lay a track across Fourth Street in the City of Beaumont, and operate its trains and cars there- on at a point 22 feet North of the intersection of center line of the main track of the Beaumont, Sour Lake and Western Railway Company and the West line of Fourth Street thence Easterly across Fourth Street, intersecting the East line of Fourth Street at a point 7 feet,,from the center line of the main track of the Beaumont, Sour Lake and Western Railway; and extending E asterly beyond Fourth Street a distance of approximately 750 feet, and prescribing the conditions -thereof. Therefore the Beaumont, Sour Lake and ,Vestern Railway Company does hereby accept the rights, privileges and franchises granted and conveyed to it by the terms of said ordinance upon and subjectto the terms and conditions of the same. In testimony whereof, the Beaumont, Sour Lake and Western Railway Company has caused this instrument to be executed by its president, attested by its secretary, with the corporate seal affixed this the 10 ® of May A. D. 1924. - THE BLAU1T0NT , SOUR I,AKr; & WE S ILWAY COMPANY, -gTEST: By President Secretary. The State of Texas, Country of Jefferson us Is1FK — Saab 1aIq Jo IIr3`3o Pseujs q i{lo a a} jllli�Te,Qegl�IUFS .0 tui d2t(3�F2� Pa a8.3:: �uluut4uas seu a'sae1OS aa�jcI aPP�' Ixa 14V ua r.?. Before me, tila.,undersigned authority, on this day personally appeared ------------------ ------- _known to me, who being by me duly sworn, on his oath de- poses and says, that he is the_, of the Bi' WRISE,. 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 following dates J_ D 192-#-', and ftnewspaper co of w is ere o,za a �Y- tached. -------------------------- FW7 - - _ --- day of - --------A. D. 192_ Sworn tozand subscribed before me, this -- Notary Public, Jefferson C unty, Texas. 4 pans, the right and privilege to coos_ ruc and lay 'a track across Fourth street' in the city of Beaumont, and oper- ate its trains and cars, thereon at is point 21-2 feet north of the in- tersection of center line of the main crack of the'Beaumont, Sour Lai:e and Western Railway company and { the -,vest line of acrossi Fourth thence easterly e. street, intersgeting te east aint seven feet `— foe Ot urth street at a p { from the center line oEaour-Lake track of the Beaumont --S.et'tend- YI and R ester n Railway' ing easterly and beyond Fourth street' i a distanco oately 750 f appy thenconditions NA feet, and PrescriUinb' thereof. Be it ordained bythe of Beaumont m- mission of the city a Soc. 1. That the Beaumont, Sour i Lake and SVestern Railway company { in its own right, and in the right is �; of its successors and-assignway, l here Uy ranted, the a'ight of for ands the authority to IoM -tract„ own, inaitita.in and ,�Qrate its ;rail - )y road tract:, acrr�as�o`c° s street of hrnhwithin way eau- { porate limits of .the city Qf -B i mont, in -_addition te' Q:th�k acl:s covered, jay it6• former. frau®hrses; Lthat is to say for -a crc51 over and across fourth street ur the -- lcity of Beattie plants. fhBeaumont �, of serving .company, with 7 Box 114anufacturing run switch facilities same to be as andpblue aPrint oonlfile withthe city secretary,copy of which blue print is hereto attached and marked ea hibit which track. shall have field notes de0esaninlnt, its'it5catior> as follows: Beginning i the city�ofiBeall- 'Fourth eall ' Fourt.h streane of t in ' n , feet i moat appro;cnnateiv be- -- 1 norof Je tw the trAck ofF3eaumont, Sour Laf e and CVestern fiail��;ay i street company sing said the slin of sai Fourth street in an easterly dtrection intersect- ing the east line, of k ourth street, ...,........i,,,a.taly. rsave'tn'-';of line,o€'sa.rq — Bail-, .04,=�oUT tl. kgisA i way coinpanv_. ang the east Ime of, FourtWf� tr6et in Beauje mont Y efferAon Coal?ty f xa,jtrack ex.tenrlingectonFourtlf `street a" 11' , ile .o.g> -approximately 750 feet, to servethexisting plant and -proposed etensions and new plant of the Beau tnont Box DlanufacturI a company,' same to be located In as shown by the red lines on the bluey print attached hereto and made a part hereof, and marked exhibit 9" for identification:' Sec. 2. That the said Beaumont, Sour Lake and Western Railway company shall be- required, at its 5 own expense, to construct and main; tain suitable ditches and culver,te '% wherever necessary for the Purpos' of properly draining sail stree where same is crossed by the sat y railroad track, and to construc and maintain a good and sufficien crossing at the intersection of sal, Fourth street as d roachesrailroa theret track, with easy PP so as to keep said street and eros: Ing in such condition as not i unreasonably interfere with publ travel and traffic thereon. Sec. 3. Thatsaid Beaumont, $01 'J Lake and ester -n Railway cor i pany shall be and 15 hereby requir' to .contstruct and maintain sa railroad track where it crosses sa Fourth street at the same grade level as the established. grade level of said Fourth street so as r. to unreasonably, interfere with Pu lie travel and traffio thereon, a shall also within a reasonable til ,not exceeding one Year after 1 date at which this ordinance g+ into force and etfect, ballast s k railroadtrack across said str I the rails and ,to a dista' f of t4vo feet on either side ther h with -rock, gravel, sHell,.sand, E ders, or othersuitable material ti determined by the city commiss In such manner that said track x be on a level with said street. '1 Sec. 4. The foregoing rights i privileges are, especially gran upon .the exte�its successress condition that said. graors . or { signs sh' 11 wiithin thirty (30) i after,-tlie passage and approval ! the ,6ayor of this franchise, ac throe h its proper officer file the . cleer�•k its written accept of this ojdinanee; and upon fur I condition Uhat the track rshallltoW` ownpexpenseato con tr ct and mains w suitable ditches and culverts wherever necessary for the purpose °f Properly draining sail street where same fs crossed by the said, railroad track, and to construot and maintain a good and sufficient crossing a£ the intexseotion of said Fourth street and said railroad track, with easy approaches therpto� I so as to keep said street and_.cros - ing in such condition as not tso `unreasonably interfere with public 1 trathereon vel 3and Th hat said Beaumont, Sour Lake and Western Railway com-+ Aany shall be and is hereby required to contstruct and maintain said railroad trach where it crosses said Fourth street at the same grade or (level as the established. grade or level of said Fourth street so as not �to unreasonably ittterfera with pub -j lie travel and traffio thereon, and shall also within a reasonable time, not exceeding one year after the date at which this ordinance goes into force andetfect, ballast said ; railroad track across said street t between the rails and ,to a distance q ( of two feet on eithel side thereof 4 with rock, gravel, slielI,', sand, sin- ( ders, or othersuitable material to be determined by the city commission, In such manner that said track may be on a level with said street. I Sec. 4. The foregoing rights and privilei es arr espeoially granted t upon ..the exrS'ess condition that the said.gr to its su cessors.or as- signs still wt�thin thirty .(30) days 'aftert paS age and approval by the Imayor of this franchise, acting throe h its proper officer file with the c}y clerk its written acceptance j of th 's ord nance, andupgn furthbr con dition°that the track to be c n- struoted hereunder shall be- plete� witj�in sixty (6p) ,days from 4ha, from_ hereof and upon failure oP the gYantee. his suci�essors or as- signss. to' file its ace Ptanee as nro- videi3 herein, then ,this 'franchise shall be null and void and become oP 11,0 ,f.[krther force nor effect. s ''v :�'YS k ordinance shell go into force and 'effect from and after its passage, approval by thd''mavdr, " the filing of -the written'acedotanre, as provided in section Cour hereof, LA. the,lawful Puhlication.as pro- vided in the city charter, and shall nue 'fn force for a period of 10) tears and shall be subject e right of the city to Purchase same _ and to all other valid sions of_the charte_r_of'the_cit�y Ofa)<mont, affecting and regulat- he granting of franchises. sed this 29th day of April, . 1.924• approved this 29th day ril, A. ll. 1924. ed)J. AUSTIINT BARNES, Mayor.