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HomeMy WebLinkAboutORD 53-AA9 as FwED V11. Page P 1: AN ORDINANCE GRANTING TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY, A CORPORAT_ION,_ITS SUCCESSORS OR__ ASSIGNS, THE RIGHT.AND PRIVILEGE_TO OWN, USE AND MAINTAIN A:S_TANDARD GAUGE RAILROAD 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, WESTER- LY FROM.THE WEST LINE OF HOLMES AVENUE, AND RUNNING THEN ON PRIVATE. -PROPERTY IN -A NORTHWESTERLY DIREC- TION 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'A_ND 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., 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 main t; #2. 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, 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 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 #3. the V&—,r_Zday of A. D. , 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 grantee. PASSED upon third and final reading by an affirmative vote of the City Council of the City of Beaumont this the I-IC5:-e-V day of/ A. D. 1956. zV —114P M a y o r 6ct, 53 A,,, q_az- /�.� 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 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 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 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 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 Se tember�,?5th, 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 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 September_254;'-1956. Herewith you will find check in favor of the City of Beau- mont to cover the $50.00 payment provided in such ordinance. 53AA 9 js- tl� sl #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 B Ass stan o Me PtesldenE.