HomeMy WebLinkAboutORD 98-En, M
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G'� 1dTIi�G to the Beaumont "`dharf C�'.' L'erminal Company, its „suc-
cessors and assigns, for a -oeriod of Twenty-five (25) yearp, the
right and privileges to construct and lay certain switch tracks
and operate its trains and cars thereon, as follows: From a point
on the ;south -;ranch of the Beaumont `I'hart & ''erminal Company track
and 16.8 feet east of the east line of 1.11ain Street in an easterly
direction, 61.1 feet; switch from a point on the ;;ouch r?rdizch of the
Beaumont .;`harf & 'Verminal Company track and 88.6 feet east of the
east line of - earl ;street and running 108 feet in an east•.,,�iardly
direction; switch track from a point -on the ;south Branch of theBeau-
rront `dharf & `'erminal and 216.9 feet east of the east line of rearl
street and runnit�.g 110 feet in an eastvnrardly direction; switch be-
ginning at a point on the r."est line of ')earl 3t-reet and 162..5 feet
south of the north line of_'ustill Street and running in an easterly
direction 800 feet; switch beginning at a point 400 feet east of
the west line of I•earl Street in the 800 foot switch, franchise for
which is herein granted and running in a� �rrestwardly direction 100
feet, all'in the City of 3eaumont, and prescribing the conditions
thereof..
13E IT C''R- L iTlD T � I`' - , ii TZ�- .01'
CITY DF BJ AU1,131dT :
SECTION 1.
That the Beaumont ,,ha-rf c:: Terminal Cor.•}pany be and it is hereby
D
granted the privilege to construct anC maintain, at its o'im em
pEnSe,
single standard gauge ra'i'lroad t •'agks, connecting -;pith the South
Branch of the Beaumont 11`'` Terminal ;o__',,any, s tracks for the
purpose of -reaching and serving the municipal ,Tiharf over and upon_
the following described streets and municipal property, as"follows:
%o. 36, _;un -around track, with point of s, itch in ty-e South
3ranch of the 3eaumont '„rharf (3c Terminal and 16.9 feet east of the
east line of 1 --fain Street and running in an eastward direction to
0 0
the -right 61.1 feet on a Q 16' curve to the right, thence on a 12
22' curve to the "left 212.8 Leet, thence on an 80 581 curve to the
left 73.1 feet to end of Manta _'e o7T4nership;
!do. 22. Burnout to City s "Unit 2 Track: vvith-•point of switch in
the South ;ranch of the Beatil_mont :'lharf w .Lerrlinal and 88.6 feet east
of the .east line of -_earl ;Street an6.runni.ne- approximately 108 feet
in an eastward direction on a 8 turnout to the right;
10. 19, °.turnout to the city's .repressed -,racks: ,ith point of
switch in the South Branch of the Beaumont ':1Iharf yes, Terminal and 216.9
line of Austin Street and running ,in an eastward direction,
Parallel to �justin Street 286 feet, then on a 150 001 curve to
the left 16.3 feet, thence tangent 20 feet, then on an 80 301 curve
to the left 156. feet, thence tangern 113.9 feet,. thence on a 00 071
curve to the right 61.1 feet to point of switch' in track '36, and
beim approximately' 800 feet in length.
K,_
1\10. Turnout to �ityts Unit 1 Track; With point of switch
in tracK k 20 . at a point 400 feet 'east of the eves Lj line of 2ea-rl
Street, measured along the center line of track Ho. 20, and -running
in a vaestvra-rd direction 1001 on a -'-' 10 turnout to the left; all of
which is more fully shown by blue print hereto attached, it being
understood and agreed that the tracks and sidings are laid for the
purposes of -reaching and more fully serving the municipal wharves
of the City of Beaumont.
SECTION 11
The Grantee., its successors and assigns, shall have the
right to operate trains, engines and cars over said tracks and sid-
ings Tvh.en 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 Terminal Company shall be required, at its
own expense, to construct and maintain suitable'ditches and cul-
verts 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 app -roaches thereto, so as to keep said streets and cross-
ings in such condition as not to unreasonably interfere -with public
travel and traffic thereon.
SECTION IV
That said Termiiial---Company-- shall -be fur.ther-_r_e.quired to
construct and maintain said railrc,ad tracks at the same grade or
level as the established grade or level of said streets, so as not
to in anyvuise obstruct the use of same by the public and shall also
I r. A
said streets between the rails and to a distance of t,o feet on
either side thereof with rock, gravel, shells, sand, cinders or
other suitable material to be determined by the City Commission;^)
such manner that said tracks riay be on a level ,with said streets.
SECTION v
The grant herein given is for single tracks only; and
shall be laid under the direction of the City Engineer of the City
of Bea=ont,aand should a dispute over said construction arise, the
Grantee, its Successors and Yjssigns, hereby agree to -refrain from
doing said work until the natter of dispute has been determin-ed by
the City Commission of the Cites of :3eaumont, whose decision shall
be final.
S1,1cTIO v1
Said _Railroad Company, shall, `:within thirty (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 re-
located shall cross any st-r.eet in the City of'Beaumont, according
to the plans and specifications on rile in the -7,nginee-r's office
of the City of Beaumont , as per blue print hereto attached and
marled "EX.ibit B", and under the direction and supervi ion of
the City engineer.
SECTION DTII
This franchise shall be subject to all the terms and provi-
sions of the Charter of the City of Beaumont or any amendments
thereto.
SEC'T'ION Vl:��r'_
The foregoing rights and privileges are especially granted
upon the exgpressed-conditionthat the said grantee, its successors
or assigns, shall within thirty (30) days after the passage and
approval by the i:_ayor of this franchise, acting through its proper
officer, file with the City _ its zfJri'cten acceptance of
franchise shall be null and void -and become of- no further force nor
bffect.
SECTION ' _
This ordinance shall go into forde and effect from and
after its passage, approval by the Idayor, the filing of the written
d
acceptance, as provided in Section'-- hereof and lawful publication,
as provided in. the City Charter, and shall continue for a period
of -twe y- j5e11. i�95) years thereafter.
Passed this the *, day of A. D.
1926rz approved this the q day of
IVI yo r. .
J. H. MORRIS
CITY ATTORNEY
W. T. MCNEILL
AstfT. CITY ATTORNEY
C ifg of praumant, .('xx xs
ivi-r. 011ie J. Bloyd,
- - City Fianager,
3 u i 1 d i n g.
Dear lLr. rloyd:
DEPARTMENT OF LAW
BEAUMONT, TEXAS
February 1,
12;� U. REEVES
JUDGE CORPORATION COURT
W. S. NICHOLS
CLERK CORPORATION COURT
1926
In _1,e: .Beaumont -,wharf and Terminal
Company Franchise for relo-
cation of tracks on Austin
Street, etc.....
I am handing you herewith the original Franchise
as dram by the attorneys of the Railroad Company, together
with an ordinance as proposed by me. You will note that the
changes suggested are:
First: Under the Company's proposal in
Section 42 the _railroad Company is to have
a reasonable time, not exceeding one year
aifter the construction of said railroad
tracks, within which to ballast the same.
Since two of these tracks are located in
Austin Street, where there is usually quite
a bit of traffic, i have changed this time
from one year to thirty days. It seems to me
that under the existing conditions, the -�ail-
road Company should be able to place this
;street back into condition so that the pub-
lic would not be deprived of the use there-
of for more than thirty days after said tracks
are constructed.
Second: In the latter part of Section 4,
the word City "Council" has been changed to.
City "Commission,.i since the Charter makes
it the duty of the City Commission to -pass
upon matters of this kind.
Third: Section -5 has been amended so
that any dispute which may arise over the
construction of the tracks between the
City 11ngineer and the Railroad Company,
shall be referred to the City Commission,
whose decision shall be final. This change
is in line with the provisions of other
franchises granted by this administration
and has for its rurpose the elimination of
long drawn out controversies over questions
relating to the matter of construction, and
it places such questions iriithin the juris-
diction of the City, where they properly
belong, since the City has control over the
use of its streets under its Charter and
general laws.
ot..,, tit � , y"
(_ =t
A
r'ourth: I have added a new Section to
the franchise which requires the Railroad
Company to put in permanent grade crossings
at street crossings when requested to do so
by the City. This is also in line with pre-
vious franchises granted by this adminis-
tration.
dminis-
tration.
iIth: I have also added vection 'l, which
-0rovides that this franchise shall be sub-
ject to all the terms and conditions of the
City Charter and the amendments thereto; which
is also in line f,ith the provisions Of fran-
chises heretofore granted.
i recor_mend the passage of the ordinance em-
bodying the changes, as proposed in the copy hereto at-
tached.
Yours VGPV truly,
City a o"r ey
'BI,': G
24
CITY OF. BZ7A UM O1VT
4-
e of Texas,._r.=:
of Jefferson
personally appeared _ _ _ _ _ _ .-
�.-�he and igned authority, on this day P Y
_ _ _ _ _kno n to me, ✓ho being by me duly sworn, on hi,
--- of the.
,YS, that he is tl-- -
said county; that a copy of the ,A,
f JOURNAL, a newspaper published in
was published in said newspaper, such publication being on the followii:
h is hel
which ,
- A. D. 192, and a newspaper copy of w .
- -- - - - -- ----- - - - - -
-
this_ day of_/ V f_tlt/L_ _ A D.�19:i,
nd subscribed''before------
AN ORDINANCE q
Granting to the Beaumont tiVharf
Terminal Company, its successors
and assigns, for a Period of twenty-
five (25) years, the right and privi-
Ilei;es to construct and lay certain
s
switch trackand , operate its
trains and cars thereon, as follows:
From a Point on the South Branch
of, the Beaumont wharf & Terminal
Company track and 16.8 feet East'"
the ; Last line of feet; switch
4iain Street ill: an'
3asterly direction 61.1
%from a Point on the South Branch
of the to 1d 88.6 feet nEast'
company track
.of tho East line of Pearl Street and;
running 108 feet in an Eastwardlyi
;1, direction; switch track from ' a',
l ;point on the South Branch of they
t ;33eaumont �Vhalf R Terminal an -
Notary Public, Jefferson Co ty, Texas.
M