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Home My WebLink AboutORD 8 I IORDINANCE NO. ENTITLED AN ORDINANCE GRANTING TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY, A CORPORATION, ITS SUCCESSORS OR ASSIGNS, THE RIGHT AND PRIVILEGE TO OWN, USE AND MAINTAIN A STANDARD GAUGE RAILROAD TRACK OVER AND ACROSS MILAM STREET, SAID TRACK NOW BEING LOCATED OVER AND ACROSS SAID STREET AND BREAKING OUT ON THE WESTERLY SIDE OF THE MAIN TRACK OF THE KANSAS CITY SOUTHERN RAILWAY COMPANY THIRTY-TWO (32) FEET MORE OR LESS, SOUTHERLY, AS MEASURED`' ALONG THE CENTERLINE OF SAID MAIN TRACK, FROM THE SOUTHEASTERLY LINE OF MILAM STREET, AND EXTENDING NORTHWESTERLY ACROSS MILAM STREET, AND ALSO A STANDARD GAUGE RAILROAD TRACK WHICH BREAKS. OUT ON THE EASTERLY SIDE OF SAID MAIN TRACK ONE HUNDRED TWENTY (120) FEET MORE OR LESS, SOUTHERLY, AS MEASURED ALONG THE CENTER- LINE OF SAID MAIN TRACK, FROM THE SOUTHEASTERLY LINE OF MILAM STREET, AND.EXTENDING NORTHERLY ACROSS MILAM STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND TO OWN, USE AND MAINTAIN ITS TRACKS AND TO OPERATE.CARS OVER AND ACROSS SAID TRACKS AND STREET FOR A PERIOD OF TEN (10) YEARS; PROVIDING FOR A CONSIDERATION OF $50.00 PER YEAR TO BE PAID, AND PRESCRIBING THE CONDITIONS TO BE FULFILLED:' BEFORE SAID ORDINANCE SHALL GO INTO EFFECT; AND PROVIDING THAT THE RIGHT AND PRIVILEGE GIVEN HEREBY AND HEREUNDER MAY BE TERMINATED BY EITHER THE CITY OF BEAUMONT. OR THE KANSAS CITY SOUTHERN RAILWAY COMPANY ON OCTOBER 1, 19683 OR ON THE FIRST DAY OF OCTOBER OF ANY YEAR THEREAFTER, BY GIVING TO THE OTHER PARTY WRITTEN NOTICE TO THAT EFFECT NINETY (90) OR MORE DAYS PRIOR TO THE DATE OF SUCH CANCELLATION;AND PROVIDING INDEMNITY TO CITY. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That The Kansas City Soutbern Railway Company, its successors and assigns, is hereby granted the right, franchise and privilege to continue to own, maintain -and operate, at its own expense, a standard gauge railroad track now located on and across Mil -Am Street., -in The City of Beaumont, Jefferson County, Texas, and to operate cars thereon, for a period of ten (10) years, unless earlier dancelled as herein provided, said standard &'A, G _Tz gauge railroad track being now laid and to be maintained and used upon and across Milam Street in Beaumont, Jefferson County, Texas, as follows: Said track breaking out on the westerly side of the main track of The Kansas City Southern Railway Company thirty-two (32) feet more or less southerly as measured along the center line -of ' said main -track, from the southeasterly line of'Milam. Street, and extending northwesterly across Milam Street; and also a -standard gauge railroad track, now laid and breaking out on the easterly side.of said" main track, one hundred twenty (120) feet more or - less, southerly .as measured along the center line of said main track from.the southeasterly line of. Milam Street and extending northerly across Milam Street,as more fully shown by the red'andY`.white line on Exhibit'A"attached hereto -and made a part hereof. Section 2. The standard gauge railroad track now laid, and to be owned, used,, maintained and operated under the terms and conditions of this ordinance, shall be used only as an . industry -track, it -being understood that said track was constructed, and is to be used, owned, maintained and operated. for the purpose -of reachirig.commercial and industrial enterprises. Section 3. No cars of any kind shall be allowed to stand on the portion of said switch track -which is.in the public streets of The City of'Beaum.ont excel temporarily as necessary in switching cars to and from.the industries served by said track. Section 4. The Grantee shall, at its.own expense, use, maintain and operate said railroad track in accordance with the charter and ordinanc6s of The City of Beaumont, Texas, now enacted or hereafter to be enacted, The Grantee hereunder shall keep up and maintain the crossing over said. .track in a manner satisfactory.to the City Engineer of The City of Beaumont - 2 - c.. and upon.the failure of said Grantee at.any time to keep said crossing and switch track in a condition satisfactory to the City Engineer, The City of Beaumont shall have the right to remove said track from its streets and to collect the cost thereof from the Grantee herein. Section 5. The foregoing rights and privileges are granted upon the expressed condition that this Grantee 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 6. This ordinance.is passed subject to all the terms and provisions of the Charter and ordinances of The City of Beaumont. qar t -i nn 7 This ordinance shall go into effect ten (10) days after its adoption.on its third and final reading and filing of acceptance and shall, unless sooner terminated as herein provided, continue in full force and effect for a period of ten (10) years thereafter. The right and privilege given hereby and hereunder may be terminated.by either The City of Beaumont or The Kansas City Southern Railway Company on October 1, 1968, or on the first day of October of any.year thereafter by giving to the other party written notice to that effect ninety (90) or more days prior to the effective date of such cancellation. Upon termination of this franchise Grantee shall within one hundred twenty (120) days thereafter.remove from the streets herein involved all rails, ties and other construction material and restore said street to substantially the condition of the street in the nearby vicinity at -the time of said termination. - 3.- 1-1 �-�01 Section 8. The compensation to be paid to The City of Beaumont by Grantee herein is $50.00 per annum, the first payment being due! and payable on or .before. the acceptance of this ordinance by Grantee;, and a similar payment on or before October 1st of each -subsequent year -occurring during- the effective period of this- grant. Section 9. The full text of tIs.,ordinance shall be, after final passage,.published once in a hew.spaper of general circulation, published in The City of Beaumont, -,at the expense of the Grantee. Section 10. That Grantee.shall indemnify, save and hold The City of Beaumont, Texas, harmless from any and all liabilities, claims, judgments, damages, costs and expenses whatsoever growing out of or resulting in any from the use, mainte- nance or operation of said railroad track, or the failure of the said Grantee to do and.perform any of the same, or in any manner growing out of or resulting from the granting of this franchise and should any judgment be rendered against said City for any cause growing.out of or resulting in any manner from the use, maintenance or operation of said railroad track, or the failure of the said Grantee to do and perform any of the same or..in any manner growing out of or resulting from::the granting of this franchise, then Grantee agrees to pay and satisfy said judgment before and without said City doing so. PASSED by the City Council this the day of 'raw 19 67 . -(Mayor - ' 1d,R G —TT THE STATE OF TEXAS COUNTY OF .JEFFERSON I, aIRS, 7.' Lik&r%/; D City Clerk of The City of Beaumont, Texas,' -do hereby certify that the above and foregoing is a true and correct copy of an Ordinance passed by the City Council of The City of Beaumont on the day of j, A a,.g p�/ —3-191S the original of which is recorded in Volume �'� , Page in the minutes of ordinances,in the office of the City Clerk of The City of Beaumont, Texas. GIVEN under my hand and seal of The City of Beaumont, Texas, this the —tl- day of T&AQLj4AV19. City Clerk, The City of Beaumont, Texas