Loading...
HomeMy WebLinkAboutORD 58-EAN ORDINANCE 6WLd. i �" AMENDING AND MODIFYING A FRANCHISE GRANTED TO THE BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, APPROVED FEBRUARY 1, 1906, 30 AS TO GRANT TO SAID COMPANY, ITS 7UCCESSORS OR ASSIGNS, THE RIGHT AND PRIVILEGE TO RELOCATE'; SHORTEN AND AVOID -STREET CROSSINGS IN THAT PART OF THE MAIN LINE DESCRIBED IN SAID FRANCHISE BETWEEN A POINT NEAR THE INTERSECTION OF FANNIN-STREET AND ORANGE AVENUE AND THE CONNECTION WITH THE TRACKS OF THE. TERARKANA & FORT SMITY RAILWAY COMPANY IN RAILROAD AVENUE, AND PRESCRIB& ING THE CONDITIONS TO BE FULFILLED BEFORE SAID ORDINANCE SHALL GO INTO EFFECT AND THE TIME LIMIT FOR THE R:UdOVAL OF SAID TRACKS AND PRESCRIBING THE CONDITIONS TIEBEOF. BE IT -ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section I. The ordinance granting'the Beaumont, Sour Lake & Western Railway Company a franchise 'over certain streets in the City of Beaumont, approved February 1, 1906 is hereby amended in the following particulars, to wit: The Beaumont, SourLake & Western Railway Company, its successors and assigns, are hereby granted the right and privilege to take up and rebpve a part of those certain railroad tracks now located and described as follows, to wit: "Commencing at the point of intersection -of the center line of the said Beaumont, Sour Lake & Western Railway and the west line of Avenue C. for the point of beginning; thence - easterly along the center line of the said Beaumont, Sour Lake & Western Railway,_a distance of 1541.6 ft. to a point; thence, continuing easterly, on a 7 degree 30 min. curve to the right, a distance of 151.5 ft. to a point; thence, con- tinuing easterly, on A-7 degree 30 min. curve to the left, a distance of 151.5"ft.-to a point; thence continuing easter- ly, on a- tangent to the last described course, a distance of 208.8 ft. to.a point; thence southeasterly, on a 7 deg. 30 min. curve to the right, a distance of 646.6 ft.to the Texarkana-.& Fort Smith Railway Company connection." which said tracks appear and are shown.in black and yellow upon the attached blue print which is hereby referred to and made a part hereof and marked "Exhibit All for ident.ification,.and that part of said above-described tracks to be taken up and removed under the terms of this ordinance appearing in yellow upon said attached --blue print: Section II. The Beaumont, Sour Lake & Western Railway Companyr, i-ts,successors and assigns are hereby granted the right and privilege, upon its surrender and removal from'its present location of that portion of its tracks above -des struct that part of said track so removed at a.new location as indicated by the red lines upon said above men,tioned. blue print, : and- the privilege. to- maintain . the said tracks as relocated and constructed and to operate its"trains and cars thereover for the period mentioned.i:n said original franchise ordinance, ap- proved February 11, 1906, -the said railroad track.to have, after the said re--- location of the part thereof indicated in.yellow upon the attached -blue print., its center line with location as follows; I'Gomm6ncing at the point of intersection of the center_ line of the said Beaumont, Sour Lake &' Western 'Railway and thewestline of Avenue C, for the point of beginning; thence, easterly along the center :line- -of the said Beaumont, Sour Lake & Western.Railway, as constructed; a distance of 1479..5 -ft. to t the point -of beginning. of the proposed change of alignment;• thence,. continuing easterly, - along- the proposed change of-, alignment, on a 4 deg. 00 min. curve to the right, a distance of 463.3 ft..to a point; thence, continuing easterly, on a tan- gent to the last described course, -a distance of 473.7 ft. to a.point; thence continuing easterly, on a 4 deg. 00 min.'eurve to the right, a distance of 214.2 ft..to a.poirit; thence, con- tinuing easterly, on a_ tangent'to the last described course, a. . distance of 177.1'.ft., to Texarkana & .Fort Smith Railroad con- nection.- The portion.actually constructed is shown in black, the portion.proposed in red upon the blue print attached hereto and referred to -herein above." Section III. The original franchise ordinance�g7raanting the Beaumont Sour Lake & Western Railway Company a franchise over certain streets in the City of Beaumont, approved -February 1, 1906, shall remain in full force and effect for the -period of time fixed therein, except as modified and amended herein to permit the change of,aligftment.of a portion of its.tracks constructed under the said original franchise ordinance. Section -IV. The right and privilege to take up and remove said tracks. and relocate the same and thereafter to maintain and operate saidtracks in.said new location is granted under the foblowing express'conditions: 1st. That said Railway'Compafiy; shall within twelve (12) months from and after the passage of this ordinance, take up and remove the tracks abovd specified to be removed and repair that -portion of -all streets frt,m which said- tracks-are aid-tracks are removed and place said streets -in as good condition as they are at 010)Z D the_- the City of Beaumont shall have the right to remove said tracks and repair said streets at the expense of said Railway Company, and said Railway Company agrees to pay the cost of the removal and repair of said streets within twenty (20) days after statement is presented to said company therefor. 2nd. That said Railway Company, shall, within thrity (30) days after written notice from the City, put .in and construct permanent grade crossings at all of the street crossings where said tracks as relocated shall cross any street in the City of Beaumont, according to the plans and -specificiation on file in the Engineer's office of the City of Beaumont, as per blue print hereto attached and marked "Exhibit B", and under the direction and supervision of the City Engineer. 3rd. That said Railway Company, shall, within thirty (30) days after the final passage of this ordinance; file with the City Clerk of the City of Beaumont, its written.acceptance of this ordinance. Section V. Unless the grantee, its successors or assigns, shall accomplish the construction of said tracks to be changed, within twelve (12) months after the final passage and publication of this ordinance, same shall be null and void and of no force and effect except as to the taking up and removing of the tracks to be taken up and removed, and failure of the Railway Company to take same up with- in 12 months after the final passage of'this ordinance, shall forfeit all the Railway Company's rights under this franchise. Section VI. This ordinance is passed subject to all the terms and provisions of the Charter of the City of Beaumont. Section VII. 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, and shall continue in force and effect for the period specified in the original ordinance granting a right of way to the Beaumont, Sour Lake & Western Railway- Company ailway Company approved February 1, 1906. L 010)Z D the_- the City of Beaumont shall have the right to remove said tracks and repair said streets at the expense of said Railway Company, and said Railway Company agrees to pay the cost of the removal and repair of said streets within twenty (20) days after statement is presented to said company therefor. 2nd. That said Railway Company, shall, within thrity (30) days after written notice from the City, put .in and construct permanent grade crossings at all of the street crossings where said tracks as relocated shall cross any street in the City of Beaumont, according to the plans and -specificiation on file in the Engineer's office of the City of Beaumont, as per blue print hereto attached and marked "Exhibit B", and under the direction and supervision of the City Engineer. 3rd. That said Railway Company, shall, within thirty (30) days after the final passage of this ordinance; file with the City Clerk of the City of Beaumont, its written.acceptance of this ordinance. Section V. Unless the grantee, its successors or assigns, shall accomplish the construction of said tracks to be changed, within twelve (12) months after the final passage and publication of this ordinance, same shall be null and void and of no force and effect except as to the taking up and removing of the tracks to be taken up and removed, and failure of the Railway Company to take same up with- in 12 months after the final passage of'this ordinance, shall forfeit all the Railway Company's rights under this franchise. Section VI. This ordinance is passed subject to all the terms and provisions of the Charter of the City of Beaumont. Section VII. 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, and shall continue in force and effect for the period specified in the original ordinance granting a right of way to the Beaumont, Sour Lake & Western Railway- Company ailway Company approved February 1, 1906. STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS:, That BEAUMONT, SOUR LAKE & WESTERN RAILWAY COMPANY, a Corporation created and existing under the laws of the State of Texas, with its principal office, and place of business in the City of Beaumont, Jefferson County, Texas, does hereby accept a certain ordinance of the City of Beaumont passed and approved on the 17th day of March, 1925, entitled: "An Ordinance amending and modifying a franchise ..granted to the Beaumont, Sour Lake & Western Railway Company, approved February 1, 2906, so as to grant to said Company, its successors or assigns, the right and privilege to relocate, shorten and avoid street crossings in that part of the Main line described in s.aid Franchise between a point near the intersection of Fannin Street .and Orange Avenue and the connection with the tracks of the Texarkana & Fort Smith Railway Company in Railroad Avenue, and. 1rescribing the conditions to be fulfilled before e ore said ordinance shall go into effect and the time limit for the removal of said tracks and prescribing the conditions thereof."' .and does also accept all of the terms and provisions of said ordinance. IN WITNESS WHEREOF said Railway Company has caused this Z ­ acceptance to be executed by its proper officers and its corporate seal to be hereunto affixed, on this the day o BEAUMONT SOUR LAIC & WESTERN ILWAY CO. By -ATTEST#.- Executive VE0, e 1\_5676ret ary APPROVED: General Manager APPROVED AS TO FORM: 6 '0/2 cao7cr-e 1,17 71 f -- y 24- C C Tie Of ��- rei i Iildn o amox m •sxauioo_ ■ ■ a —tat— -t4 ­& -... ..F P_ e eu u d Z gIF i$ q3 ui suxa;uul asauudur do u0p a;;aiooixy .f;Fi,unb aigRaoinxas poop -ipp8 eq; dq ani;oadda DIOUI apuuc ti ■ ■ sum 'sxoioo Alluxa;uxd aq_; 'a;lq.%. i sopus U99.12ui auxagos 2ul;ti211 a •2uivan9 .413pix g s(ooio,o I o; g iuox; oc s.�auioojg�qnjo Bx;unoD aq; ;e aausp iuujxod R al 011aloaul niotgjjAm pauis;xa;ua iqd e;aqS u;[aC[ .uooixauiv ui;snFr ag; *,Stat A �= uioxd aiai;xe uu s; 2ucmoilo3 aqS J,: crl ,��'" t 'AiILSIIY Ali[ :Iaxvu -f- IHd ViLUML vsZUu �i'OU11tl� Of °;a 'apnu 'us; 'sissng 'umap _ _ .Pauiiag Q sxIC / a e .1 ■ 't{oead Kogiq KCB auo personally appeared---------------"-" e undersigned authority, on this day p b me duly sworn, on his oath de - o n to me who being y _ _ _ of the BEAUMONT ENTERPRIS poses 'and says, t t he is the _ _ _ _ - - - - - - of the within and UMONT JOURNAL, a newspaper published in said county; that a copy dates: BEA publication being on the following such p . foreg as published in said newspaper,of which is hereto at - A. D lg and a newspaper copy �� c\ --------------19 - --A. D. nd subscribed before me, this__ - day of------ -------- - .itoa • _ V_�--- Notary - - Notary Public, Jefferson C nty, Texas. A -/ certaln railicad t and described as . follow7i7. 'Commencing at th Intersection of the cen StsA the said Beaumont, Sourae (, ((,, Western railway and the west C f r the oint of line of Avenue , o p County Of beginning; thence easterly along the center line of the said Beau= mbnt, Sour Lake. & Western rail- way, a distance of 1541.6 feet, to a point; (hence, continuing east- erly, on a 7 degree 30 minute curve to the, right, a distance of e 151.5 feet, to a point; thence, continuing easterly, on a 7 de- gree 30 minute curve to the left, ---- - D a distance of 151:5 feet to a point; thence continuing easterly, on a tangent to the last described course, a distance of 208.8 feet poses 'and says, Ito a peirit; thence southeasterly, on'a 7 degree 30 minute curve to the right, a distance of 646.6 feet BEAUMONT J01 to the Texarkana & Fort Smith Railway company connection." ehj;for into ea l tT711.lhe .t! a limit fqr the removal said tracks and prescribing the mditions thereof. Be it ordained by the city com- ission of the city of Beaumont: SECTION 1 The ordinance granting the Beau- ont, Sour Lake & Western Rail - ay company a franchise over cer- in streets in the city bf Beaumont, ?proved February 1, 1906, is hereby mended in the following particu- ,rs, to -wit: The Beaumont, Sour Lake & rn Railwa company, its suc- igns, are hereby tad the -F t and privilege to e uD ata�Mreln O1 lioee tttached blue print which is hereby ^eferred to and made a part hereof tnd, marked "Exhibit A" for identi- Hcation, and that part of sald tbow-described tracks.to be taken) �ip and removed under the terms of his ordinance appearing in yellow on said attached blue print. SECTION Il IThe Beaumont, Sour Lake & "es(ern. Railway company, its sue- ,ssors and assigns are hereby Canted the right, and privilege, .pon its surrender and removal from its present location of that portion of its tracks above- Qescribed and indicated in yellow' upon the atached blue print, to re - ray and construct that part of said raok so removed at a new loca- 1 ion as indicated by the redlines upon said above mentioned blue }hint, and the privilege to main- tain the said tracks as relocated and constructed and to operates its trains and cars thereover f'or the period mentioned in said origanal franchise ordinance, approved'Feb- ruary 1, 1906, the said railroad track to have, after the said relo- cation of the part thereof indicated In yellow upon the attached blue print, its center line with location as follows: "Commencing at the point of intersection of the center line of the said Beaumont, Sour Lake & Western railway and the west line of Avenue C, for the point of beginning; thence. easterly along the center line of the said Beaumont, Sour Lake & Western ti railway, as constructed ;a die- tante of 1479.5 feet to the point of beginning of the proposed change of alignment; 'thende, con- tinuing easterly, along the pro- posed change of alignment; on.a 4 degree 00 minute curve to the right, a distance of 463.3 feet to a point; thence, continuing easterly, on a tangent to the last described course, a distance of 473.7 feet to a point; thence con- tinuing easterly, on a 4 degree 00 minute curve to the right, a distance of 214.2 feet to a point; thence, continuing easterly on a tangent to ,the last described course, a distance of 1771 feet to rogd��otto&n:.i'd"'-pott bis actually 'constructed is shown in black, the. portion prWosed in red upon the blue print attached hereto and referred to herein above." SECTION III The original franchise ordinance granting the Beaumont, Sour Lake & Western Railway company a franchise over bertain streets in the city of Beaumont, approved Febru- ary 1, 1906, shall remain in full force and effect for the 'period of time fixed therein, except: as modi- fied and amended herein to' permit the change of allignment of, a por- tion of its tracks constructed under the . said origLual franghlse 6rdi- nance. SECTION IV The right and privilege to take up,and remove said tracks and re- locate the same and thereafter t( maintain and operate said tracks it said new location is granted undo: the following express conditions: 1st. That said railway company shall within twelve (12) month; from and -after the passage of tht ordinance, take up and remove th tracks. above specified to be re moved and repair that portion, o all streets from which said track; are removed and place said street in as good condition as they are a present, for purposes of traffic an, travel and in the event said rail way company should fail or refus to so remove said tracks and re pair said streets, the city of Beau mont shall have the right to re move said tracks and repair sat, treats at the expense of said ra vay company, and said rail ;ompany agrees to pay the cost he removal and repair of s streets within twenty (20) niter statement is presen%ed to a :ompany therefor. 2nd. That said railway compan shall, within thirty (30) days of ,vritten notice from the clty„ put and construct permanent 1 g ;rossings at all of the street cr ngs where said tracks as reloca shall cross any street in the ei y.. Beaumont, according to the 1 end specifications on file in the gineer's office of the city of Be mont, as per blue print hereto Cached and marked "Exhibit B,"'a under the direction and supervie sd 0*, Pity 40gmeer. C4 3rd. That said railway cmps shall, within thirty (30) days of the final passage of this ordin file with the city clerk of the of Beaumont, its written accepts of this brdinance. SECTION V Unless the grantee, its success or assigns, hall accomplish construction of said tracks to changed, within twelve (12) mon after, the final passage and pu cation of this ordinance, same s be null and void and of no f and effect except as to the tak up and removing of the tracks to, taken up and removed, and fail of the railway company to same up within 12 months after' final passage of this ordinance, a forfeit all the railway compan rights under this franchise. SECTION VI This ordinance is passed sub to all the terms and provisions the charter of the city of Beaum SECTION VII This ordinance shall go into feet (60) days after its adoption Its third and final reading and filing of acceptance and publiea and shall continue in force and feet for the period specified in original ordinance granting a r of way to the Beaumont, Sour & Western Railway company proved February 1, 1906. Passed t1Pis the 17th day of Mar 1925. Approved this the 17th day March, 1925. it (Signed) J. AUSTIN BARNES, •j Mayol*.' "1