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HomeMy WebLinkAboutORD 59-Zly �o �l 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 NORTHERLY SIDE OF THE RAILWAY _COMPANY'S.PRESENT MAIN TRACK IN GILBERT STREET NEAR THE EAST.LINE OF TRINITY STREET. AND EXTENDING NORTHEASTERLY IN. GILBERT STREET AND ACROSS-NECHES STREET TO THE SOUTHWESTERLY LINE OF.LOT NO. THREE.HUNDRED EIGHTY-FOUR (384), BLOCK.NO. FIFTY-FIVE_(55), ORIGINAL TOWN OF BEAUMONT, APPROXIMATELY FIVE (5) FEET NORTHWESTERLY FROM THE SOUTHWESTERLY CORNER OF SAID LOT 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-TWELVE.MONTHS; PROVIDING_FOR A CONSIDERATION OF $50.00, AND PRESCRIBING THE CONDITIONS.TO BE FULFILLED BEFORE_ SAID ORDINANCE SHALL GO INTO -EFFECT. 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 one (1) year, 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 on the northerly side of the Railway Company's present main track in Gilbert Street near the east line of Trinity Street and extending north- easterly. in Gilbert Street and across Neches Street to the southwesterly line of Lot No. Three Hundred Eighty-four (384), Block No. Fifty-five (55), Original Town.of Beaumont, ap- - proximately five (5) feet northwesterly from the southwesterly corner of said lot. Section 2. The standard gauge railroad track now laid, and to be owned, used and maintained under the terms and conditions of #2 - this ordinance,'shall be used only as an industrytrack, it being understood that said track was constructed, and is to be used, owned and maintained, for the. purpose of reaching commer- cial 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 tem porarily'as necessary in switch- ing 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 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 ac- ceptance and shall continue in full force and effect for a period lof one (1) year thereafter. #3 - Section 8. The compensation to be paid to the City of Beaumont by grantee herein is $50-.00 per annum, payment due and payable on the .---.7w z;e day of A. D. 1955. 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 an affirmative vote of the City Council of the City of Beaumont this the day of A. D. 1955• ' ST. 373 37. �'S 376 i77 q 274 275 276 i 27 r i i 37s 54 46 �-�-, , - . 2 EXHIBIT A THE KANSAS CITY SOUTHERN Ry. ZX X611 �� 3 7 Z 3 7 1 7 !/!//C/ /9� C. f,*A*(N or Dk^MNG NO. ovRa of �vV »CEO BY .. - ---- _ - ct-*f alw3ltAR cTiECXFD BY _ KA14SAS O Y, MIS&OUfl CORRECT- dATE. . /%'6,, Ill I cH�F a�F�sr�i�ht SULE...��DO� FROM MAWINr, NO. - {I{, APPROVED __._ CHIEF ENGNM ' + +95 496 o' x �o- 06 US { +S5 O fL A � vJ . —� � orve l Q. ➢ O G 4, On � n � ZB6 ` cn •3S5 � �P i '`Cao c� + i � w 373 37. �'S 376 i77 q 274 275 276 i 27 r i i 37s 54 46 �-�-, , - . 2 EXHIBIT A THE KANSAS CITY SOUTHERN Ry. ZX X611 �� 3 7 Z 3 7 1 7 !/!//C/ /9� C. f,*A*(N or Dk^MNG NO. ovRa of �vV »CEO BY .. - ---- _ - ct-*f alw3ltAR cTiECXFD BY _ KA14SAS O Y, MIS&OUfl CORRECT- dATE. . /%'6,, Ill I cH�F a�F�sr�i�ht SULE...��DO� FROM MAWINr, NO. - {I{, APPROVED __._ CHIEF ENGNM ' + o' x �o- 06 US { +S5 O fL A � vJ . k orve l Q. 461 G 4, . � n � ZB6 cn i 373 37. �'S 376 i77 q 274 275 276 i 27 r i i 37s 54 46 �-�-, , - . 2 EXHIBIT A THE KANSAS CITY SOUTHERN Ry. ZX X611 �� 3 7 Z 3 7 1 7 !/!//C/ /9� C. f,*A*(N or Dk^MNG NO. ovRa of �vV »CEO BY .. - ---- _ - ct-*f alw3ltAR cTiECXFD BY _ KA14SAS O Y, MIS&OUfl CORRECT- dATE. . /%'6,, Ill I cH�F a�F�sr�i�ht SULE...��DO� FROM MAWINr, NO. - {I{, APPROVED __._ CHIEF ENGNM ' > C) 458 I 459 ; 460 461 G 4, � 366 380 367. i � 383 389 � ZB6 1 i 463 6 464 1 390 55 3�' 291 .4�7 L C—) "N, .s ?helar Joscy i 1 55 457 4_56 1 45 Y 3 38G 3�3 382 :ibl I ` 380, ', , Czrocct .Co r• -85 28-� 263 ' i � I :3• +�. \?I,G '� �`-4G CS i � r,o- i Cotf&ges 14 � _y +'CSC. • 31 1 ° - ---- Concrete ..•.. rC%.674 30 3 LbERT 373 37. �'S 376 i77 q 274 275 276 i 27 r i i 37s 54 46 �-�-, , - . 2 EXHIBIT A THE KANSAS CITY SOUTHERN Ry. ZX X611 �� 3 7 Z 3 7 1 7 !/!//C/ /9� C. f,*A*(N or Dk^MNG NO. ovRa of �vV »CEO BY .. - ---- _ - ct-*f alw3ltAR cTiECXFD BY _ KA14SAS O Y, MIS&OUfl CORRECT- dATE. . /%'6,, Ill I cH�F a�F�sr�i�ht SULE...��DO� FROM MAWINr, NO. - {I{, APPROVED __._ CHIEF ENGNM ' PUBLISHER'S AFFIDAVIT THE STATE , OF TEXAS j COUNTY OF JEFFERSON Paste clipping Here LEGAL_: &ICES LEGAL NOTICES '!i ; 1 .SOIITHWEBTERLY- CORNER OF -SAID and--vom tha., lndustrles served b9 said-, LOT IN THE CIT�.�OFBEAIIMONT, tracks... JEFFERSON COIIN'1'�, TEXAS, .AND 8eotlon a. - TQ OWN USE AND�MAINTAIN,:,TTS .Thegrantee her e, keep nD I TRACKS AND; TO OI;FRATE : CAR§ and maintain •the crossing -over; •said OVER AND ACROSS SAID .TRACK§ ttrack., in a manner satisfactory t0� the Before me, the undersigned authority, persona) AND STREET ' FOR A PERIOD. -OF_ Cityr Engineer of the City of Beaumont TWELVE MONTHS; PROVIDING .FOR. and upon the failure of" said grantee" at A CONSIDERATION OF. §50.00, AND any time to keep, said crossing 'and" - PRESCRIBING THE CONDITIONS ,TO, switch .track in a "condition satisfadtotg - R • A • Bean BE FULFILLED. BEFORE' SAID OR to,the City Engineer, the-City:.t Beau- --_-_---- Bea DINANCE SHALL GO INTO EFFECT., mont shall" have' the- right to.remove ----------------------------- BE TT ORDAINED BY THE,CITY COUN- said "track ,from its 'streets.. and to,,col CIL-.OF THE ',CITY OF. BEAUMONT ' lett the ; cost 'thereof. from the grantee Section 1. )' herein. _ . ",,;q. , The • Kansas City". Southern ' Railway Section b. - Company, its successdrs-and assigns, is The ioregoing rights and privileges are who, being 'by me duly sworn, says that the forheretiy granted' the right and - privilege granted upon- the expressed condition - to •own,- use -and maintain, at its • own that', said grantee shall, within ,,thirty expense, a . ,standard esuge "railroad (30) 'days after the final -passage bL;Sthis !track being now laid and. to be,main ordinance, file' with the- City- Clerk of Le a l �T O �1 C e Itained and used ; at -the- the following 'de- the . Citi of Beaumont Its written' ac - attached _---_ �__scribed "location •upon and across, the ceptence' of this ordinance. - - - - - streets therein stated: - Section 6. To -be known � as' the spur .track,bre'ak- This ordinafice 7e passed subleet to Ing -out on the northerly side of ,the all the terms "and' ,.Drovlsions ,,of;j the Rallway Company's, present main track' Charter and ordinances of the 'City, of was published on the following dates: ----------- in. _Gil rinity ' Street near the ease line Bea"r<`ent.. ` " - of�.Trinity Street_ and extending --north- '� • ` Section -7:..- �, easterly In .Gilbert Street and across This ordinance "shall' go into effect Neches Street to the southwesterly ten; (10). 'days after its adoption oar its _ S eft embe r _ line of Lot No.. Three Hundred Eighty. third 'and final, reading , and filing of '------- --------- 4------A:�"f fofitr (304, Block'No: Fifty-five"(56) acceptance, -and, shall continue In full Original Town of. Beaumont, approxi force and effect far a Derlod of one, (1) / mately' five (5) feet northwesterly year thereafter. rom--the southwesterly corner of, said Section 8. in the BEAUMONT_- Jo_u_r__nal__ The -compensation to pe paid to ,ths �oQdw` •' _ .Section 2. - City • of Beaumont by grantee herein is ��� ' _ / dard gauge railroad track. now §60.00 per annumr payment due r and mow+ •• N be owned; used and main- payable on: the 30th,day of August,,,A.D " mti • -g terms terms and.' conditions 1955. im ' ce, shell be used only', as Section 9, printed and published at Beau t a �7/6� '��' rack, -it ,being understood -The full tett of this ordinance'shall, •• W \ <</ .g'o , 6k was 'constructed, ,and. is be, after final' passage; published :once ' (� o a owned and -maintained; .for in a newspaper of general circuhition, o�q mk°iv of reaching commercial and published ,in the Cit .yof Beaumo3it; at' . C// �ic ,J� Rmz meof ,enterprises. the expense of the grantee. -- `� " 4T m a - - .,'PASSED; upon third and final re"a`din8 1. ti , any "3. ---- -------- sp° o0 4v f of any kind 'shall be -,allowed by an afllrmativa vote pf the City Coun- •p n /'+ +, a C o on . the portion of .sai, switch cil of the' City, of Beaumont, this ,the i R • A • Be an C i'y- O m a�C4 / (rich is In the public streets`.of 30th day; of August, A.D. 1965. _ of Beaumont except stempor ELMO R. BEARDayor, 'G3 m a' as necessary. in, switching .cars SUBSPRIBED and sworn to before me, thy.. ma a� 0-7-1 ' "-----A. D., i 9,=jj- _ ---------- ----------------------- NOTARY PUBLIC` i " and for Jefferson County, Texas — 17-f,, -?- ? s AN ORDINANCE Granting to The Kansas City Southern Railway Company, a corporation, its.successors or assigns, the right and privi- lege to own, use and maintain a standard gauge railroad track breaking out on the northerly side of the railway company's present main track in Gilbert Street near the -east line of Trinity Street and extending northeasterly in Gilbert Street and across Neches Street to the southwesterly line of Lot No. three hundred eighty-four (384), block No. fifty-five (55), Original Town of Beaumont, approximately five (5) feet north- westerly from the southwesterly corner of said.lot 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 twelve months; pro- viding for a consideration of $50.00, and prescribing the conditions to be fulfilled before said -ordinance shall go into effect. September a3 , 1955 Mr. James Garrard City.Clerk City of Beaumont Municipal Building Beaumont, Texas Dear Sir: The above captioned ordinance was finally read and passed by the City Commission of the City of Beaumont on August 30, 1955. It provided that this company should file written ac- ceptance of such ordinance within thirty (30) days from its final passage. The ordinance further provided that this com- pany should pay the sum of $50.00 as compensation to the City for the use of the streets permitted under such ordi- nance. Accordingly, you are hereby advised that The Kansas City Southern Railway Company does accept said ordinance above captioned, as finally passed on August 30, 1955. Herewith you will find check in favor of the City of Beau- mont to cover the $50.00 payment provided in such ordinance. 4&/ - P �-2 rim Upon the copy of this letter enclosed, we will thank you to acknowledge the filing of this acceptance and the receipt of the $50.00 enclosed here. Sincerely, THE KANSAS CITY SOUTHERN RAILWAY COMPANY BY r� Assistant~ to the President.