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Home My WebLink AboutORD 61-ZAN 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 SIDE OF . THE - RAIL- WAY C OMPANY' 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.INTERSEC T ING THE NORTHERLY LINE OF. GILBERT.STREET - TWENTY - EIGHT. (28) FEET MORE OR LESS, WESTERLY FROM THE WEST LINE OF HOLMES AVENUE, _ AND RUNNING ._ T10N. 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 MAINTAIN -ITS TRACES AND TO OPERATE CARS OVER AND -ACROSS SAID TRACKS AND STREET FOR A PERIOD OF TWELVE_ (12) . MONTHS; PROVIDING FOR A C ONSIDERATION_OF $50.00 AND. PRESCRIBING THE CONDITIONS T0. BE FULFILLED BEFORE: SAID ORDINANCE SHALL GO INTO EFFECT. -_ BE IT ORDAINED BY THE CITY COUNCIL OF THE C I TY 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 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 north- erly 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. Section 2. The standard gauge railroad track now laid, and to be owned. used and maintained under the terms and conditions of 1 #2 - 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 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, andupon 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 Beau - Mont 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 Beau - Mont. 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 continue in full. force and effect for a period of one (1) year thereafter. #3 - 14 1 Section 8. The compensation to be paid to the City of Beaumont by grantee herein is $50.00 per annum, payment due and payable on the day of , A. D. 1955• Section -9. The full text of this ordinance shall be, after final passage, published once in a newspaper of general circulation, published in the City of Beaumont, at the expense of the grantee. PASSED upon third and final reading by an affirmative vote of the City Council of the City of Beaumont this the .-3ozZ day of A . D. 1955. . 2!L _ _�� Illj '' cc) it. 4 31 T4 - 3209 / i g•3a:'� ` I l J.W. kiolmes 3 59 I� g z sa 6-1 -4043r 95 5 Er\d New 8521 Rail A F.E. T-426 6 5T4T3 12 l i COLLWGE C -Cont Mores. i 41 Lab Gottar 1 -7 /3 Z - LU 8 12 'o o_ ;cci.cr No�.s¢ Q �+ 2 Zig'D 8 29 35 i 611 Q; _ r t . "r1 ♦ � Y' V' I —� � � i I 3 t �6 V 30 4 I �. �a K 31 37 - -- - PA R K Curb & Li UT A 6 � 6 ------------ ¢ • ' �, 2v� -:-.',tea+.tQ-� �. Q R s V { 1 ase tc Cu�tina r1TJ �T {.:sYiC'.� i9 Sa ino• _ I� ;uph;y Cc Ca\.t. 8393 / 1 t' q•' Y f 4e.4 ;I, 5e 1 ssr.• it j �35L,i 13 i� �I ` '� 38616 r ` n ' x67 THE. A A CITY N K co, i I. C„,R.gdF f j t L/s�l/277 •aQl"'- (�/.�Gf/�/f�%/Jir,. r.�,L�A/i,��- 614 11 o n 2T —'-rT 5t sy DR.1Yv�NG NO. OFM o!` IV tat — - .4� ♦ .. DA's[ i If �.--. I Cor. arc 4ti ` FpQNIi U PAW NQ 340.:.' Ann1fRO (; ` PU THE STATE OF TEXAS COUNTY OF JEFFERSON h Before me, the undersigned authority, personally ap't°-'zosta°$ri' ; ---R. _A .Bean the �,, an �a "gra t tracg who, being by me duly sworn, says that the for n`d Z' $.R�a; t say. tDo,, tb r.oit t, itch `�r ' to rat, attached Legal RTotice si$�moatha �iJneei ------------ 1 6,0 hect .tba cCha11 y$ Ea e thereof was published on the following dates: -------- Poreg°�a$eti°n rl8h, t, ------------etember 5=---------------A. D., 19 ---- in the BEAUMONT----- Jour-n-a,l -------- a daily newspaper printed and published at reont Jeff n County, Texas. or R. A. Bean, Credit Manage SUBSCRIBED and sworn to before me, this the-/jday. '.of_ <�_9k�- YA. D., 19 �� /� "�% _ I - - C�Lrz—l�C -'--- _ _- 1 ----------- ----------- 'NOTARY PUB L in and for Jefferson County, Texas — e' Qbl per -mat, H 'be 1g55 o� the 3p�, gbe��e . the ue ib'"'th �enerblisl 8poa #rh se e oP ity `01 Of the7lat�v`rQ'the 6 day. or A 4;e .o' a a 11 ,uatot , Seas Elmo A. D. At, Beard - 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 rail- road track breaking out on the southerly side of the rail- way 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 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 northwesterl direction to and extending into Railroad Avenue five 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 maintain its tracks and to operate cars over and across said tracks and street for a period of twelve (12) months; providing for a consideration of $50.00 and prescribing the conditions to be fulfilled before said ordinance shall go into effect. September -",23 , 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 company 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. lim yl a 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— -�� ss an o es en .