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Home My WebLink AboutORD 29-BBGbiq P, .3,2-F-3-29 AN ORDINANCE GRANTING TO THE KANSAS CITY SOUTHERN RAMWAY 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 RAIL111AY 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 EXTENDIM 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 TEN (10) -YEARS; .PROVIDING FOR A CONSIDERA- TION OF $50.00 PER YEAR TO BE. PAID, ANTU- 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 BEAU-MONT, 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 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 now located on and across Milam Street, in the City of Beaumont, Jefferson County, Texas, and to operate cars thereon, for a period of ten (10) years, unless earlier cancelled as herein provided, said standard ga cue railroad track being now laid and to be main- tained 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 Railway Company thirty-two (32) Page #2 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 break- ing out on the easterly side of said main track, onehundred 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 as more fully shown by red line on print hereto-.- attached ereto: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 I 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 theCity 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. Cr�f-finn S The foregoing rights and privileges are granted upon the expressed condition that this 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. Page 43 Section' 6. This ordinance is passed subject to all the terms and provisions of the Charter and ordinances of theCity 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 terminEted by either the City -of Beau mont, 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 lst day of October, A. D. , 1957; and a similar payment on or -before October 1st 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 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" day of A. D. , 1957. r M M