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HomeMy WebLinkAboutORD 22-EIoA �! AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, FOR AND ON BEHALF OF THE CITY OF BEAUMONT, TO ENTER INTO AN AGREEMENT WITH THE TEXAS AND NEW ORLEANS RAIL- ROAD COMPANY PROVIDING FOR REVIVINGG AND REINSTATING THE CONTRACT ENTERED INTO BY AND BETWEEN THE CITY OF BEA NT AND THE TEXAS AND NLT1 ORLEANS RAILROAD COMPANY ON THE TH DAY OF OCTOBER, 1923, PROVIDING FOR THE CONSTRUCTION, PAYMENT OF COST AND MAINTENANCE OF THE GRADE SEPARATION STRUCTURE - IN THE FORM OF ,A VIADUCT AND THE APPROACHES THERETO WHERE THE RAILROAD TRACKS OF SAID COMPANY CROSS WHAT IS KNOWN AS MARIPOSA STREET IN THE CITY OF BEAUMONT, TEXAS. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1. That the Mayor, for and on behalf of the City, be and he is hereby authorized and directed to execute and deliver to the Texas and New Orleans Railroad Company the agreement between the City of Beaumont and said Company hereto attached and made a part hereof. The said agreement providing in substance -for reviving and reinstating the contract entered into by and between the City of Beaumont and the Texas and New Orleans Railroad Company on the 3rd day of October, 1923, providing for the construction., payment of cost, and maintenance of a grade separation structure in the form of a viaduct and the approaches thereto, where the railroad tracks of said Company oross what is known as Mariposa Street in the City of Beaumont, Texas, and providing that the contract of the City of Beaumont with the Texas and New Orleans Railroad Company bearing date March 6, 192* is modified and amended so that any and all cost .and expense covered by said first mentioned contract shall be eliminated and withdrawn therefrom. Section 2. The said agreement also contains other general q 'a Z4 - thereto, and when it .shall have been executed by the mayor for and on behalf .of the City of Beaumont., it shall be and become the agreement on the part of the City. to keep and perform each and all the terms, conditions and obligations therein undertaken and agreed to be kept and performed by - the City of Beaumont. S-ec t ion 3. ,The term '"Property" as used in Article 3 of said contract of date October, 3,1, 1923, wherein `."the City agrees to provide such property as may be necessary other than that owned by it and the railroad company for the construction of a viaduct and approaches, in accordance with and under the terms of this agreement", shall be taken and construed to mean only land, and the City does not agree to furnish any of the material of any character going into that part of the structure, to _be built by the railroad company,__ -and this provision of this ordinance shall be considered as a part of Paid contract as though written therein: Section 4, This Ordinance shall take effect and be in force from and after its passage and final approval' by the mayore Passed by the affirmative vote of all members of the City Commission, this the day of A. D. 1924. -2- 0 a -- c" G LEGAL NOTICES' v ANT ORDI;\TANCE Entitled an ordinance authoriz- ing. and' directing' the mayor, for and on behalf of the city of Beau- mont, to enter into, do , agrm eeent with the Texas, & - New Orleans }?ailroad, ,company providing' for revi6iir� and reinstating' the' con- tract, entered into by and. between the city of Beaumont and the Texas ; & i New ,OrleansRailroad c6niPany on the '4th day of October, 1923;. providing, for the construc- tion, payment of cost and mainte- nancel of the',,=grade separation stricture, •in,*the 'form of a viaduct and €he approaches th'ere'to,' where the railroad trat;ks' of said com- pany cross what.is I:nown as -Mari- posa street in the ,city of Beau- mont, 'Tesca5. Be It ordained i7y the city.coin- niission of'the;city, of Beaumont: SkC PION 1 That the ' mayor' fW and on • •be- half of the ,city, be -and _he is her.e- by au.thoriaed an& directed to exe- cute and deliver to the, Texas & New,Orleans 11 ilroad. company the �l,reement p'etween ;the city, of Beaur»ont and said comliany hereto 1 attached and made a. part hereof, o The said agreement providing in substance for reviving and reifistat- ing • the contract entered into by and between the city•of' _3eau,niont and the Texas. & Nbw Orleans Rail - I tains other ubre-eirrel3Y"""d,7'srfi'"•Z; `rnore-fully. general reature:s as'.will Y and• at length appe;is by. reference. thereto, and when it Shall, have been ekecnted. by.the mayor for, ,and . on - behalf of the city mf Beaumont, it shall' be -and f the the agreement on, the part of the. city . to lseeh and perform each and all` the •terms fonditions tli6 blruatrons therein undecta);e_n though written fYier`ein SECTION 4 This ordinance shall take effect and- be in force fl'om and after its passage and ficial approval by the mayor Passed by the zffi'rmve ativote of all members of the city coinmis- siw', thl, the 23d day, of September, A• > 1924'. 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