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HomeMy WebLinkAboutORD 51-AAa!, AN ORDINANCE GRANTING TO THE KANSAS CITY SOUTHERN RAILWAY COM- PANY, A CORPORATION, ITS SUCCESSORS OR ASSIGNS, THE RIGHT AND PRIVILEGE TO OWN, USE AND MAINTAIN A STANDARD GAUGE.RAILROAD TRACK OVER AND ACROSS MILAM STREET, SAID TRACK -NOW BEING LOCATED OVER AND ACROSS SAID STREET AND BREAKING OUT -ON THE WESTERLY SIDE OF THE MAIN TRACK OF THE KANSAS CITY SOUTHERN RAILWAY COMPANY THIRTY-TWO (32) FEET MORE OR LESS, SOUTHERLY, AS MEASURED ALONG THE CENTER LINE OF SAID MAIN TRACK, FROM THE, SOUTHEASTERLY LINE OF.MILAM STREET, AND EXTENDING NORTHWESTERLY ACROSS-MILAM STREET, AND -ALSO A. STANDARD.GAUGE RAILROAD TRACK WHICH BREAKS OUT ON THE EASTERLY SIDE OF SAID.MAIN TRACK ONE HUND- RED -TWENTY -(120) FEET MORE OR LESS, SOUTHERLY, AS MEASURED.ALONG THE CENTER LINE OF SAID MAIN TRACK, FROM THE SOUTHEASTERLY -LINE OF MILAM STREET..AND EXTENDING NORTHERLY ACROSS MILAM.STREET 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 ONE (1) YEAR;.PROVIDING FOR A CONSIDERA- TION OF $50.00_TO BE PAID, 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 now located on and across Milam Street, in the City of Beaumont, Jefferson County, Texas, 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 upon and across Milam Street in Beaumont, Jefferson County, Texas, as follows: Said track breaking out on the westerly side of the main track of The Kansas City Southern Rail- way Company thirty-two (32) feet more or less southerly as measured along the center line of said main track, from the southeasterly line of Milam Street, and extending northwesterly across Milam Street; and also a standard gauge railroad track, now laid and breaking out on the easterly side of said main track, one hundred twenty (120) feet more or less, southerly as measured along the center line of said main track from the south- easterly line of Milam Street and extending northerly #2 - across Milam Street as more fully shown by red line on print hereto attached and marked Exhibit "A" and made a part of this ordinance. 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 reach- ing commercial and industrial enterprises. Section 3. No cars of any kind shall be allowed to stand on the por- tion 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_ 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 Beau- mont. I Section 7. This ordinance shall go into effect ten (10) days -after its adoption on its third and final'redding and filing of acceptance and shall continue in full force and effect for a 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 r-,oed ay of 1956. 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 gran- tee. PASSED upon.third and final reading by an affirmative vote of the City Council of the City of Beaumont this the k�,—day of Z��A. D. 1956. a y o r (1L&, _�_i /-rrr q_a5-19Sz 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 over and across Milam Street, said track now being located over and across saidstreet and breaking out on the westerly side of the main track of The Kansas City Southern Railway Company thirty-two (32) feet more or less, southerly, as measured along the center line of said main track, from the southeasterly line of Milam Street, and extending northwesterly across Milam Street, and also a standard gagge railroad track. which breaks out on the easterly side of said main track one hundred twenty (120) feet more or less, southerly, as measured along the center line of said main track, from the southeasterly line of Milani Street, and extending northerly across Milam Street in the City of Beau- mont, 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 one (1) year; providing for a consideration of $50.00 to be paid, and prescribing the conditions to be ful- filled 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 Septer'ber,25t1L 1956. 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 ordinance. Accordingly, you are hereby advised that The Kansas City Southern Railway Company does accept said ordinance above captioned, as finally passed on Sep.temben 2%4j. _1956• Herewith you will find check in favor of the City of Beau- mont to cover the $50.00 payment provided in such ordinance. J 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 Assistant :Eo e Pr�s en