HomeMy WebLinkAboutORD 30-BB,a
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
BREAKING OUT ON .THE -SOUTHERLY SID£ OF THE RAIL-
WAY C OM PANY' S NORTH LEG OF WYE TRAC K AT A PO INT
EAST OF HOLMES AVENUE AND RUNNING WESTERLY
ACROSS HOLMES AVENUE ON A CURVE TO THE RIGHT
INTERSECTING THE NORTHERLY LINE OF GILBERT STREET
TWENTY .EIGHT .(28) FEET MORE OR LESS, WESTERLY
FROM. THE, WEST LINE OF HOLMES AVENUE, AND -
RUNNING THEN ON PRIVATE PROPERTY IN A NORTHWESTERLY
DIRECTION TO AND EXTENDING INTO RAILROAD AVENUE
FIVE (5). FEET MORE OR LESS., TO CONNECT WITH SAID
NORTH LEG OF WYE TRACK IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY,TEXAS, AND TO OWN, USE AND MAIN-
TAIN 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 HERE-
UNDER 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 DATE OF SUCH CANCELLATION.
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
provided, said standard gauge railroad track being now laid and to be main-
tained and used at the following described location upon and across the
streets therein stated:
To be known as the side track breaking out on the
southerly side of the Railway Company's north leg
of wye track at a point east of Holmes Avenue -and
running westerly across Holmes Avenue on a curve
to the right intersecting the northerly line of
CSC 3-d &8
�= L'� S'7
t
#2.
Gilbert street twenty-eight (28) feet more or less,
westerly from the west line of Holmes Avenue, and
running then on private property in a northwesterly
direction to and extending into Railroad Avenue five (5)
feet more or less to connect with said north leg of wye-
track.
Section 2.
The standard gauge railroad track now laid, and to be owned,
used and maintained under the terms and conditions of this ordinance,
shall be used as an industry track, it being understood that said track was
constructed, 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.
Section 6.
This ordinance is passed subject to all the terms and provisions
#3.
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 effective
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 O -.c vo.b:e r::lst of eadi subsequent year occur,ing 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 circulation, published in the
City of Beaumont, at the expense of the grantee.
PASSED upon third and final reading by.annaaffirmative vote of the
City Council of the City of Beaumont, this the G aay of
A. D. 1957.
MAYOR