The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-02


conferred are subject to and upon the fol-
lowing conditions. viz:
tirs1 ihaI the SAID C. Il. Huntington,
hts heirs or assigns shall. within six
months from the ratification and approval
OF this ordinance and the confirmation OF
the grant made and the rights conferred
| by 1t By the legislature OF the State OF
Texas, and the passage OF such acts OF
congress, II any, as may be requisite for
| the purpose, commence the construction OF
terminal facilities upon the properly here
inbefore referred TO for the use OF what
are commonly called the Southern Pacific
railroad and steamship systems, and shall.
| within two years thereafter, expend at
least the sum OF one hundred and fifty
thousand dollars 0i50.o0o) In the con-
struction OF such piers and such dredging.
and In the construction of depots and othor
terminal facilities for what are commonly
called the southern Pacific railroad ana
steamship systems, their successors or as
signs.
Second That II the said c. p Hunting
ton, his heirs Or assigns. shall charge
Wharfage for the use Of such piers or other
facilities upon said property. except In
so far as wharf service may be covered by
the freight rate, all such wharfage shnll
be subject to the regulation OF the rail-
road commission OF Texas hut this shall
not be so construed as TO permit or allow
|
said property, or any portion thereof, with
| out the consent OF said g. I. Huntington.
mis- heirs or assigns. owning the same
at the time.
And whereas, II Is greatly to the inter-
ost OF the public that the property de-
scrihed In section 1 OF said ordinance
should be developed for shipping and
transportation purposes, and that the ship
ping facilities OF the port of Galveston
should be thereby improved and enlarged
In order TO better accommodate the com
merce OF the port and State and TO utilize
rs far rs practicable, the deep water at
said port secured by the expenditure OF
large sums OF money by the government
of the United states; now therefore.
Be II enacted by the Legislature of tho
state OF Texas;
Section /. That the ordinance passed
by the city council OF Galveston on the
eth day Of February, 1899. entitled
IAN ordinance abandoning, dscontnuing
and closing certain streets. avenues and
alleys OF the city of Galveston and au-
thoriaing and empowering COLTS p. Hunt
layton, his heirs or Assigns, perpetually to
construct and maintain piers on tho shores
/ OF Galveston bay within tho corporate
/ limits OF the city OF Galveston. upon GER
tain specified conditions, be, aud the same
is. hereby in all things authorized. ratified,
approved and confirmed except in so far
40 Nht HiuNloiuuH VI hdlu ordinance may ne
in conflict with tho provisions OF this act,
and tho State of Texas hereby rellnquishes
unto the said Coils p. Huntingdon his
heirs or assigns, whatever tide or claim
II any, II may have In or to any portion
OF the 'nats' or lands under water. de-
scribed in section l of said ordinance sub
ject however. to each ana all the cuu-
ditions set forth or contained In section
OF said ordinance, as abave recited and
all other conditions contained in any part
OF this act. and upon the further con
dition that II the said c. r. Huntington, his
heirs or assigns, shall charge wharfage
for the use OF such piers or other facilities
upon said property, all such wharfage
charges shall he subject 10 the regulation
OF the railroad commission of Texas land
thereupon the said G. p, Huntington his
heirs. assigns or successors. shall make
an annual report to the said railroad com
mission of Texas In such manner and on
such forms. and under such rules and reg
ulatons and AT such time as the railroad
commission may prescribe). but this shall
not be so construed as TO permit or allow
any other person or corporation to use
said properly, or any portion thereof with
out the consent OF said c. p. Huntington
his heirs or assigns, owning the same at
the Time, and upon the breach or violation
OF said condition, or either of them all
the rights and powers hereby granted shall
~ iSfuhtu anu SHdli revert 10 the SLdtt
OF Texas, and this act shall thereupon be-
come and be null and void, provided fur
Their, that the system or railroad tracks
that may be constructed by Coils p. Hunt
ington, his heirs or assigns, on the prop
} eyty described and referred 10 in section
] Of the above recited ordinance, shall cou-
meet with the track OF any railroad COM
pany that may be built to the intersection
OF Forty arst street with the proiongatlon
or avenue A, according TO the map of the
Galveston city company; provided, that
this shall not be construed as au-
thcrizing any person or corporation TO
use the tracks that may be constructed by
the said Huntington. his heirs or assigns,
on said property.
Section 2 The said Coils r. Hunting
ton. his heirs or assigns, or the person,
company or corporation owning or con-
trolling the above described property and
all the improvements thereon situated
shall never consolidate said property or
the stock or franchise OF such corporation
as may own or control the same with the
stock of the Galveston Wharf company, or
any company or corporation succeeding to
the rights OF the said Galveston Wharf
company nor shall the owner OF said prop
erty enter into any agreement with the
Galveston Wharf company, Ito successors
or assigns, or any other wharf company
which may now exist or which may be
hereafter organized, by which the wharf
or other terminal charges shall be regulated
or fixed, and this inhibition upon the said
Coils 7. Huntington, his heirs or assigns,
or the person, company or corporation
owning or controlling the above described
property and all improvements thereon
situated shall also apply to the property
now owned by the Gulf Colorado and
Santa Fo Railway company between
Fourth and Tenth streets as shown by the
Galveston City compsny's map OF the said
city Of Galveston. Nor shall any person
owning or holding any interest, in the
form Of stoca or otherwise. in the property
hereinbefore described. own or hold any
interest. in the form of stock or otherwise,
In the wharf or bay frontage between
Fourth and Forty first streets as now
shown by the Galveston City company $
may OF the said city OF Galveston, and all
sales, conveyances and transfers OF what
ever character in violation OF this Ation
shall be null and void; the object OF this
section being to keep the control owner
ship or management. direct or indirect, of
the property hereinbefore described. and
the control, ownership or management OF
the wharf or bay frontage between said
Fourth and Forty-fi first streets entirely dis
tinct and independent OF each other And