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Home My WebLink AboutORD 86-Fbm Q-S-� SECTION 1. -That the Beaumont Wharf and -.-,Terminal Company be and it is hereby granted the privilege to construct and maintain at its own expense a single standard guage railroad track con— necting its main line with the Gulf, Beaumont and Kansas City Railway Company's track, as is shown by blue print attached hereto and made a part hereof, beginning at -the present G.B. & K.C. track on Railroad Avenue at the. south line of Fannin Street and running in a southward direction.on a 70 30" reverse curve, 199 feet to a point which is 13 feet westward at right angles from the center line of the-K.C.S. main spur on Railroad Avenue, thence tangent in a southward direction parallel to said K.C.S. main spur, 644 feet., thence on a 70 30ro curve to the left 60 feet to present B. Cd. 8c T. track on Railroad Avenue at the north line of'College Street,.in al 1015 feet; more or less. It being understood and agreed that the track and siding' is hzd as a part of the main line track of the Beaumont Wharf and Terminal Company, to be operated and used only for the purposes set forth AN ORDINANCE GRANTING to the Beaumont Wharf and Terminal Company, its succ.essors and assigns for the period ending march 23, 19477 the right and privilege to construct and lay a track and operate its trains and cars thereon and to be used as.a main line track. in leading to -and from the Wharf and various industries located in the City of Beaumont, beginning at the present G.B. &.K.C. track on Railroad -..Avenue in Beaumont, Texas, at the south line of Fannin Street.. ani running in a southward direction on a 79 300 reverse curve,199 feet to a point which is 13 feet westward at right anZles from 'the center line of the K.C.S. main line spur on Railroad Avenue, thence tangent in a southward direction parallel to said K.C.S. main 1pur 644 feet, thence on a 7.0 301, curve to the -left 112 feet, thence ,tangent 60 feet to present B.W. & T. track on Railroad Avenue at the north line of College Street, in all 1015 feet, more or less, in the City of Beaumont and prescribing the conditions thereof.. BE IT ORDAINED BY THE CITY COIJMISSION OF THE CITY OF)BEAUMONT: SECTION 1. -That the Beaumont Wharf and -.-,Terminal Company be and it is hereby granted the privilege to construct and maintain at its own expense a single standard guage railroad track con— necting its main line with the Gulf, Beaumont and Kansas City Railway Company's track, as is shown by blue print attached hereto and made a part hereof, beginning at -the present G.B. & K.C. track on Railroad Avenue at the. south line of Fannin Street and running in a southward direction.on a 70 30" reverse curve, 199 feet to a point which is 13 feet westward at right angles from the center line of the-K.C.S. main spur on Railroad Avenue, thence tangent in a southward direction parallel to said K.C.S. main spur, 644 feet., thence on a 70 30ro curve to the left 60 feet to present B. Cd. 8c T. track on Railroad Avenue at the north line of'College Street,.in al 1015 feet; more or less. It being understood and agreed that the track and siding' is hzd as a part of the main line track of the Beaumont Wharf and Terminal Company, to be operated and used only for the purposes set forth SECTION 2,. 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 1 hereof. SECTION 3. 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-in— tersections of cross streets crossed by said railroad tracks with easy approached, thereto so as to I�eepT-said streets and. crossings in such condition as not to unreasonably interfere with public travel and traffic thereon. SECTION 4. - The said Terminal 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 any wise obstruct the use of the same by the public and shall construct and maintain good and sufficient crossings in accordance with plans and specifications for railroad street crossings by the City Engineer on'file in his office at the in— tersections of all cross streets crossed by said railroad track and in accordance with the blue print hereto attached, Marked "Standard Crossing", and: shall -pave said railroad track along the streets betweenthe rails and to a distance of two feet on either side thereof with class "A" pavement ,:ds -said track is laid under specifications to be determined by the City Commission. SECTION 5. ! A of the City of Beaumont, and should a dispute over said con— struction arise, the Grantee,•its successors and assigns, here— by agree to refrain from doing said work until the matter in dispute has been referred to the -City Commission of the City of Beaumont, whose decision shall be final. SECTION 6. a. The grant herein given, as well as all rights hereunder, are given upon condition that the Grantee shall m t, during the life of this franchise, give notice to any or all of the parties to the switching contract between the City of Beau— mont, the Beaumont Wharf and Terminal Company, the Texas and New Orleans Railroad Company, the Texarkana and Fort Smith Rail— way Company and the Beaumont, Sour Lake and Western Railway Com— pang of its desire to terminate said contract,.and it is hereby stipulated that notice by any company om-Ing any portion of the stock of the Grantee shall be considered notice by said Grantee and in case such notice is given,this franchise shall immediately become null and void. b. In the event of the termination of the contract men— tioned in sub—division a above, the Urantee and any company own— ing or controlling any of the stock of the Grantee, will make such -applications as may be necessary to the State Railroad Com— mission and the Interstate Commerce Commission, or such other bodies as may be necessary for the perpetuation of the one line switching rate now in effect under the switching contract men— tioned in sub—division a above and the failure of the Grantee or any company -owning or controlling any pbrtion of its stock to make such applications in good faith within thirty (30) days after the termination of said contract, shall render this fran- chise null and void. c. The Grantee shall continue, uninterrupted, an into said .::Limits, which switching service to them from the City docks and wharves, shall continue until and unless .the Grantee is relieved of such switching under' the terms of ' the switching con— tract mentioned in-sub—division a hereof, and at all times said switching service shall be without discrimination as between any railroads now or hereafter entering into the.City of Beaumont sand connecting with said terminal lines. d. In the event.of the violation of any of;the .terms of this franchise,. or in the event the Grantee is adjudged by any court, railroad commission or other competent tribunal of any discrimination' 'in, service or charges, this franchise shall become immediately null and:void and the Grantee.shall remove all of its tracks hereunder' within sixty (60) days and upon its failure to do so, the'City of Beaumont shall have, the right to remove said trac' at the expense of the Urantee. SECT I ON '7 . The Grantee shall pay to the City of Beaumont' annually., during the life. of this franchise, on or before, the first day of January of each year',. the sum' of Ten and no/100'.($10.00).Doll&rs,. in addition to advallarem taxes -and ,all other legal assessments and charges 'as a. fee for this franchise. SECTION 8. The foregoing rights and privileges are especially g;ranted'upon the condition that the said Grantee; .its successors and assign's shall within thirty (30) days after the passage and approval by,the Mayor of this franchise, acting through its proper officers, file with the City Clerk, its written acceptance of this ordinance and upon the further condition. that the track to be cam— structe.d..hereunder, shall be completed within ninety (90) days from the beginning, of the construction thereof and upon failuf of the Grantee, its successors and assigns to file its acceptance ;%vnuidAd herein. then this.franchise shall be null and void SECTION 9. This. ordinance shall go into force and effect from and after its passage, the filing of the written acceptance as pro— vide in Section 7 hereof and lawful publication as provided in the City Charter, and shall be in all things subject to the pro— visions of the Charter of the City of Beaumont or any amendments thereto, and shall continue for the period ending March 23, 1947. Passed this the day of , A.D. 1927. MAYOR t 2.9s/oha/f oia �o Cor�crefe / A �ohall on le ; may.` �b' _ '�� p✓, D P. "b P v, d' h Cre oso fed Tie S e f ira ; '1Co✓acl-e fe D . d4` s' D••`" fi p: y � -A• ;", IN h O��S . /2eir�fOrGir� B N 2 i q 9 ars S Tq/vDA�20 C2OSS//1/G - OFr /� E OF C/TY—,FMG/n/E'E,Q AEAUNiO/V 7-T XAS. FEBRU4,e? /92o6. 61 The State of Texas, County of Jefferson Before me he undersigned authority, on this day personally appeared, - , ' ' ' ' ' ' ' ' ' ' ;�,�; ....know to me, who being by me duly sworn, on his oath de. ... of the' poses and bays that he is the. �. f-. .4. •�i! - _ 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; :.... . . . ..:.. . . A. D. 192 , and a newspaper copy of which is'hersto at- . tacked. - . . ... / = d ��(%�; �; : , ; , A• D. 192, Sworn to andgubscribed before me, this .... .... y ' Notary Public,Jefferson Co ty, Texas. PAGE - ELEVEN a