HomeMy WebLinkAboutORD 28-BBAN ORDINANCE
GRANTING TO THE KANSAS CITY SOUTHERN RAIL-
WAY COMPANY, A CORPORATION, ITS.SUCCESSORS
OR ASSIGNS,. THE RIGHT AND PRIVILEGE 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 NORTH-
ERLY 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_MAINT_AIN ITS_ TRACKS AND -TO OPERATE CARS
OVER AND.ACROSS.SAID TRACKS AND STREET FOR,.
A PERIOD OF TEN (10 YEARS: PROVIDING 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 HEREUNDER.MAY BE TERMINATED
BY EITHER THE CITY„OF BEAUMONT, OR THE KANSAS
CITY SOUTHERN RAILWAY COMPANY.ON OCTOBER 13
19581OR.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 CANCELL-
ATION.
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 ten (10) years,unless earlier cancelled as
herein privided, 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 feet (130) more
w
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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.
Section 2.
The standard gauge railroad track now laid, and
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to be owned, used and maintained under the terms and con-
ditions of this ordinance, shall be used only as an indus-
try track, it being understood that said track was construc-
ted, 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.
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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 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 effec-
tive 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 lst of each subsequent year occurring 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 cir-
culation, published in the City of Beaumont, at the expense
of the grantee,
PASSED upon third and final reading by an.affirm-
ative vote of the City Council of the City of Beaumont, this
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the ay of 197