Loading...
HomeMy WebLinkAboutORD 28-BBAN ORDINANCE GRANTING TO THE KANSAS CITY SOUTHERN RAIL- WAY COMPANY, A CORPORATION, ITS.SUCCESSORS OR ASSIGNS,. THE RIGHT AND PRIVILEGE TO OWN, USE AND MAINTAIN.A STANDARD GAUGE RAILROAD TRACK BREAKING OUT OF THE EASTERLY SIDE OF THE RAILWAY COMPANY'S INDUSTRIAL.TRACK IN_ RAILROAD AVENUE ONE HUNDRED THIRTY (130) FEET MORE OR LESS NORTH -OF -THE NORTH LINE OF_FORSYTHE STREET; THENCE EXTENDING NORTH- ERLY ALONG RAILROAD AVENUE AND ACROSS FANNIN STREET -TO A POINT FIVE (5) FEET MORE.OR LESS EAST OF.THE NORTHEAST -CORNER -OF FANNIN STREET AND.RAILROAD AVENUE -.IN THE_CITY OF BEAUMONT,. JEFFERSON COUNTY, TEXAS,.AND TO OWN, USE AND_MAINT_AIN 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, 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 13 19581OR.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 CANCELL- ATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT Section 1. The Kansas City Southern Railway Company, its successors and assigns, is hereby granted the right and privilege to own, use and maintain, at its own expense, a standard gauge railroad track, and to operate cars thereon, for a period of ten (10) years,unless earlier cancelled as herein privided, said standard gauge railroad track being now laid, and to.be maintained and used, at the following described location upon and across the streets therein stated: To be known as the spur track breaking. out of the easterly side of the Railway Company's industrial track in Railroad Avenue one hundred thirty feet (130) more w i or less north of -the north line of Forsythe Street; thence extending northerly along Railroad Avenue and across Fannin Street to a point five (5) feet more or less - east of the Northeast corner of Fannin Street and Railroad Avenue. Section 2. The standard gauge railroad track now laid, and U�ro2�-1 �S'7 to be owned, used and maintained under the terms and con- ditions of this ordinance, shall be used only as an indus- try track, it being understood that said track was construc- ted, and is to be used, owned and maintained, for the purpose of reaching 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 Beaumont except temporarily as necessary in switching cars to and from the industries served by said tracks. Section 4. 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 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 said= -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. -2- a Section 6. This ordinance is passed subject to all the terms and provisions of the Charter and ordinances of the City of Beaumont. Section 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, 1958, 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 effec- tive date of such cancellation. Section 8. The -compensation to be paid to the City of Beaumont by grantee herein is $50.00 per annum, the first annual payment being due and payable on -or before the 1st day of October, A. D. 1957; and a similar payment on or before October lst of each subsequent year occurring during the effective period of this grant. Section 9. The full text of this ordinance shall be, after final passage, published once in a newspaper of general cir- culation, published in the City of Beaumont, at the expense of the grantee, PASSED upon third and final reading by an.affirm- ative vote of the City Council of the City of Beaumont, this "d the ay of 197