HomeMy WebLinkAboutORD 43-EAN ORDINANCE
GRANTING TO the Texas & Ne,� Orleans Railroad Company, its
Successors and Assigns, for a period of Twenty -Five (25) years,
the right and privileges to construct and lay a track and ope.r-
ate its trains and cars thereon upon, over and along Lavaca Street
from a point 373 feet North of the North line of Ash Street;
thence in a Northerly direction 120.31 feet to the property line
of t1m Neches Lumber Company, in the City of Beaumont, and pre-
scribing
re-
scribing the conditions thereof.
BE IT ORDAINED BY THE CITY 0011IISSION OF THE
CITY OF BEAUMONTg
Section I.
That the Texas & New Orleans Railroad Company be and it is,
hereby granted the privilege to construct and maintain at its oven
exp ease a single, standard gauge railroad track upon, over and
along Lavaca Street, said tra ck being described as follows; A
right hand turnout to be located in Lavaca Street and connect with
present industry track serving Neches Lumber Company, beginning
with point of switch at railroad company's engineer's station
49 plus 63, being 373 feet North of the North line of Ash Stteet
and extending in a Northerly direction on a lead curve of 70 30'
to tha
right for a
distance of 80
feet
to
heel of #9
rigid frog
4'-3"
North of the..
North building
line
of
the City's
proposed
filtration plant now under oonstruotion; thence nortbarly on a
70 00' curve to the right for a distance of 40.3 feet to the South
line of the Neches Lumber Company property, the proposed turnout
track and also the existing main track to be located with reference
to the platform of the later yiorks building as shown on the attached
blue print prepared by the: City Engineer's office of the City of
Beaumont, marked Exhibit "AN., and as shown by a blue print prepared
by the Division Engineer of the Texas & New Orleans Railroad Company
dated November 24, 1984, marked Exhibit "B", the map prepared by
the City Engineer to control in th� event of any conflict. It
61 UQ- 4Z- [_'
I -/--2 ; / :�
Section II.
The grantee, its successors and assigns, shall have the
right to operate trains, engines and cars over said track and
siding when done so to further the interests for which this grant
is given as stated in the latter portion of Section I hereof.
Section III•
That the said Railway Company shall be required, at its
own expense, to construct and maintain suitable ditches and oul-
ve its for the purpose of properly draining said streets and to
construct and maintain good and sufficient crossings at the inter-
sections of all cross streets, crossed by its said Railroad tracks
with easy approaches thereto, so as to keep said street and oress-
ings in such condition as not to unreasonably interfere with public
travel and traffic .thereon.
Section IV.
R
That said Railway Company shall be further required to
construct and maintain said railroad track at the same grade or
level as the established grade or level of said streets, so as not
to in anywise obstruct the use of same by the public, and shall also
within a reasonable time, not exceeding one year after the constrao-
tion of said railroad track ballast said railroad track along said
Lavaca Street between the rails and to a distance of two feet on
either side thereof with rock, gravel, shells, 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*
Section V.
The said Railway Company shall be farther required to
construct and maintain concrete culverts for the, proteotion of
all the water pipes of the Water Vlorks System lying under the
present and proposed switch track, said culverts to be constructed
Section V'I•
The grant herein given is for a single track only and
shall be laid under the direction of the City Engineer of the City
of Beaumont, and should a dispute over said construction arise,
the grantee, its successors and assigns, hereby agree to refrain
from doing said work until the matter of dispute has been approved
by the City Commission of the City of Beaumont •
Section VII*
This Ordinance is passed subject to all the terms and
provisions of the Charter of the City of Beaumont*
Section VIII•
The foregoing rights and privileges are especially gran.t-
ed upon the expressed condition that the said grantee, its succes-
sors or assigns, shall within thirty (30) days after the passage
and approval by the Mayor of this franchise, acting through its
proper officer, file with the Cityits written acceptance
of this or6inanae and upon further condition that the ttack to be
constructed hereunder shall be completed within days
from the passage hereof and upon failure of the grantee, its suc-
cessors 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.
Section IX.
This ordinance shall go into force and effect from and
after its passage, approval by the Magor, the filing of the written
acceptance, as provided in Section VI. hereof, and lawful publica-
tion, as provided by the City Oharter, and shall continue for a period
of Twenty -Five years thereafter.
y
Passed this the / day of _. D.
`A d
Approved thi s the d ay of ` eery a. D. •
Jf� I BTANDARD
!'- 8-2310000
Fo: 9 '.y Y-• J
THE GALVESTON HARRISBURG AND SAN ANTONIO RAILWAY COMPANY
TEXAS AND NEW ORLEANS RAILROAD COMPANY
HOUSTON & TEXAS CENTRAL RAILROAD COMPANY
THE HOUSTON EAST AND WEST TEXAS RAILWAY COMPANY
HOUSTON AND SHREVEPORT RAILROAD COMPANY
SOUTHERN PACIFIC TERMINAL COMPANY
THE DIRECT NAVIGATION COMPANY
G. S. WAID
VICE PRESIDENT & GENERAL MANAGER
L. H. CECIL
ASSISTANT TO VICE PRESIDENT & GENERAL MANAGER
Houston, Texas, Feb. 10, 1945.
Beaumont - Franchise - City of Beaumont - Track on
Lavaca Street
Mr. 011ie J. Bloyd,
lEanager,
City of Beaumont, Texas.
Dear air:
This is to advise that the Texas and
New Orleans Railroad Company hereby accepts the
terms and conditions of that certain ordinance
passed and approved by the City Commission of the
City of Beaumont under date of January 13th, 1925
granting to the Texas axid New Orleans Railroad
Coripany, its. successors and assigns for a period
of twenty-five years, the right and privilege to
lay a track and opers.te its trains and cars upon,
over and along Lavaca Street to the s Guth line of
property of the Neches Lumber Company.
Will you please file this as the vJrit-
ten acceptance of the said Railroad Company, as
provided in Article VI of said Ordinance.
Yours very truly,
bbbbabb.,
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The State of Texas,
County of Jefferson
Granting to the Texas & New
Orleans Railroad company, its suc
cessors and assigns, for a period
.t
ofC. twenty-five (25) years, the right
( and' privileges t
Before me, th ndersigned authority, on this day personally
_________________ __________known tom , wyhyo, being by me
poses and says, that he is the '_`_'x''_ - - '!/ - - - - - -of the
o construct and lay
a track and operate its trains and
cars thereon upon, over and along
Lavaca street from a point 373 feet
Horth of the north line of Ash
street; thence in a northerly direc- i
;Non 120.31 feat to tjie property lilte
of the Neches Lumber company, in
the city of Beaumont, and pre-
scribing the conditions thereof.
ap Be it ordained by the city com-
mission of the city of Beaumont:
SECTION 1
C1ns
U Railroad That the compaTexas ny bee andItis
hereby granted the privilege to
construct and maintain at its own
expense a single, standard gauge
railroad trach upon, over and along
de cribedgaseftfollows: A right hansaid track d
BEAUMONT JOURNAL, a newspaper published in said county; that turnout to be located In Lavaca
street and connect with present in
dustry track serving. Neches Lum.
fore 'n was published in said newspaper, such publication being her company, beginning with point
g P ��jjP g of switch at ra)lr d
e -e
IL_�__A. D. 192°S_and a newspaper
.
~ - ------------
to and subscribed before me, this_ _ �G �_ _ _ -day of
------------
Notary Put
oa engineer's station 49 plus 63, being
373 feet north of the north 11ne of
CO •Ash street and extending in a,
northerly direction on a lead curve
of 7 degrees 30 minutes to the right;
for a distance. of 80 feet to heel of!
NO. 9 rigid frog 4 minutes 3 seconds
worth of the north building line 0'9
the citY's Proposed flltmtidn plar�
now under construction; thence
� northerly on a 7 degree 00 min-
ut•a curve to the right for a dis-
tance of 40.3 feet to the south line
Of the Neches Lumber . company
property, the proposed turnout
track and also the existing math'
track to be located with reference
to the platform of the Nater i
Works building as shown on tho ,
attached blue print Prepared by the
city engineer's office of the city of
B-aaumont, marked ExhibitA,'•
and as shown by a blue print pre-
pared by the division engineer of
1i the Texas & New Orleans Railroad
company dated November' 24, 1924,
marked Exhibit "B," the map pre-
pared by the city engineer to con-
trol in the event of any conflict. it
being understood and agreed that
the track and siding is laid as an
Industrial track for the purpose of
reaching commercial and Industrial
enterprises located along the right
of way on which said track J&
authorized to be laid.
SECTION II—�
The grantee, its successors a
assigns, shall have the right to op-
erate trains, engines and cars over
said track and siding when done so
-to further the interest for. which_
this grant is given as stated in the
latter portion of Section I hereof.,,
SECTION III
That the said railway company,,!
shall be required, at its own ex -1
pense, to construct and maintain
.suitable ditches and culverts for '
Abe purpose of properly draining
said streets and to construct and
'maintain good and sufficient cross
•(gs at the intersections of al
Cross streets, crossed by its aa)
:fttllroad tracks with easy ap
oaches .thereto, so as to keep said
eet and crossings in such. cone
firt
ion as not to unreasonably inter-; r
e.with public travel and trafflc;
SE
That SaloCTION IV rsa�� ny company a.
r uir, a �o con
the same
tablished grade or eve! as
of I
reet, so asgnoteto inlevel anywise
ruct the use of same by the p
land shall also within.-a.seas
e time, not exceeding one y
ter the construction of said r;
ad, ballast said. railroad tri
)ng said Lavaca street
een th-a rails and to adista
the ocjeet on, either sfd-a ther
rs or other suitable sc, raelmate sandi'al
determined by the city Comm
eTeto-��and marked Exhibit
,nd under the ditection . of the
ngineer. SECTION VI
The ,grant herein given is ft
jingle track only and shall be
[eer
r the direction of th-e city
of . the city ofBeaum
should a dipute overasaid cction arise, the geseors and assigns, hei
to retrainf OM..d01&gk until the ` ed b ttr of citydis,
ifas been app Seaua
Rnissiott of 11 SECTION II
This. ordinance is. passed: sut
to all*they toofstan it `Oflo13
:nary, A. L. lv4e.
Approved this the 13th day;
January, A. D. 1925.
(Signed) gAItNES, 114ai