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HomeMy WebLinkAboutORD 27-BBAN 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 RAIL- WAY -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 MAIN- TAIN ITS TRACKS AND TO OPERATE .CARS OVER AND ACROSS SAID TRACKS AND STREET FOR A PERIOD OF TEN (10) YEARS: PRO- VIDING FOR A CONSIDERATION. OF $50.00 PER YEAR, AND PRESCRIBING THE CONDITIONS TO BE FULFILLED BEFORE SAID ORDINANCE SHALL GO INTO EFFECT; AND PROVIDING THAT THE -RIGHT AND -PRIVILEGE GIVEN HEREBY AND HERE- UNDER MAY BE .TERMINATED BY EITHER THE CITY OF - BEAUMONT,-OR. THE KANSAS CITY SOUTHERN RAILWAY COMPANY.0N OCTOBER 1, 1958, OR ON. THE FIRST DAY OF OCTOBER OF ANY YEAR THEREAFTER, BY GIVING TO THE OTHER PARTY -WRITTEN NOTICE TO THAT EFFECT NINETY (90) OR . - MORE DAYS. PRIOR TO THE DATE OF SUCH CANCELLATION. 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 tem (10) years, unless earlier cancelled as herein provided, 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 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), #2. Original Town of Beaumont, approximately 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 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. 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 switching 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. #3. 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, unless sooner terminated as herein provided, continue in full force and effect for a period of ten (10) years thereafter. The right and privilege given hereby and hereunder may be terminated by either the City of Beaumont, or The Kansas City Southern Railway Company, on October 1, 1958, or on the first day of October of any year thereafter by giving to the other party written notice to that effect ninety (90) or more days prior to the effective date of such cancellation. Section 8. The compensation to be paid to the City of Beaumont by grantee herein is $50.00 per annum, the first annual payment being due and payable on or before the 1st day of October, A. D. 1957; and a similar payment on or before October 1st of each subsequent year occuring during the effective period of this grant. 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 �ay of A. D. 1957. Niayor J