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HomeMy WebLinkAboutORD 50-AAAN ORDINANCE nn /5 0 A -/i GRANTING TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY, A.CORPORATION, ITS SUCCESSORS ,OR,., ASSIGNS, THE RIGHT AND PRIVILE_ GE _TO OWN, .USE AND MAINTAIN A STANDARD GAUGE RAILROAD TRACK BREAKING.OUT OF THE.EASTERLY SIDE OF THE RAIL- WAY COMPANY'S INDUSTRIAL TRACK IN RAILROAD AVENUE ONE HUNDRED THIRTY (130) FEET M0 -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 IN THE CITY OF BEAUMONT,_JEFFERSON COUNTY,.TEXAS,..AND TO OWN, USE AND MAINTAIN ITS TRACKS,AND.TO OPERATE.CARS QUER AND ACROSS SAID TRACKS AND STREET FOR A PERIOD OF TWELVE MONTHS: PROVIDING FOR A CONSIDER- ATION 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 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 northerly along Railroad Avenue and across Fannin St.reet to _a point f.ive (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 to be owned, used and maintained 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 and maintained, for the purpose of reaching commercial and industrial enterprises. #2. 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 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 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 ordi-n.ance,' 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 accep- tance and shall continue in full force and effect fora period of one (1) year thereafter. 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/�x�day of , A. D., 1956. Section 9. The full text of this ordinance shall be., after final �"' -6 A A #3. 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 ity Council of the City of Beaumont this the day of 1956. M a y o r Com(, sr� 14-A 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 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 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 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. September 30th , 1956 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 September-, I 1956. It provided that this company should file written ac 1 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 ordinance. Accordingly, you are hereby advised that The Kansas City Southern Railway Company does accept said ordinance above captioned, as finally passed on September: 1956. Herewith you will find check in favor of the City of Beau- mont to cover the $50.00 payment provided in -such ordinance. #2 - 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 �'y ss s an o e�, redden .