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Home My WebLink AboutORD 39-Y6ct,61, F . 31- � 9�j'%�✓�j AN ORDINANCE V / G NTING TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY, A CORPORATION, ITS SUCCESSORS OR AS- SIGNS, 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 A WESTERLY SIDE OF THE MAIN TRACK OF THE KANSAS CITY.SOUTHERN RAILWAY COM- PANY THIRTY --TWO - (32-) FEET,-- MORE -OR LESS SOUTHER- LY, AS MEASURED ALONG THE CENTERLINE OF SAID MAIN TRACK, FROM THE SOUTHWESTERLY LINE OF MILM1 STREET, AND EXTENDING NORTHWESTERLY ACROSS MILAM STREET; AND A STANDARD GAUGE RAIL- ROAD TRACK WHICH BREAKS OUT ON THE WESTERLY SIDE OF THE TRACK HEREINABOVE DESCRIBED, TEN (10) FEET MORE OR LESS, SOUTHERLY FROM AS MEASURED ALONG THE CENTERLINE OF SAID TRACK HEREINABOVE DESCRIBED, THE NORTHWESTERLY LINE OF MILAM STREET AND EXTENDING IN A NORTHWESTER- LY DIRECTION 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 SIX ( ) MONTHS; PROVIDING FOR A CONSIDERATION.OF 25.00, AND PRESCRIBING THE CONDITIONS TO BE FULFILLED BEFORE SAID ORDI'- NANCE SHALL GO INTO -EFFECT. BE IT ORDAINED BY 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,_.JeffersoniCounty, Texas, and to operate cars thereon, for a period of six (6) months, 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 Railway Company thirty-two (32) feet more or - - - less southerly -as -measured -along the centerline of said main track, from the southwesterly line of Milam Street, and extending northwesterly across Milam Street; and a standard gauge rail- road track, now laid and breaking out on the westerly side of the above described track, ten (10) feet, more or less, southerly from as mea- sured along the centerline of said proposed track as hereinabove described, the northwesterly line .of Milam Street and extending in a northwesterly direction across Milam Street. 59-p' 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 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. 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 4. This ordinance is passed subject to all the terms and provisions of the Charter of The City of Beaumont. Section 5. 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 six (6) months thereafter. Section 6. The compensation to be paid to The City of Beaumont by grantee herein is $25.00, payable upon acceptance by Grantee. Section 7. 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., 1953. -"` ----Mayor-- FT? TT rPT 019 TO THE HONORABLE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: The Kansas City Southern Railway Company now makes petition to the City Commission of the City of Beaumont, Texas, for authori- ty allowing it to operate cars upon,and to maintain, own and use the following standard guage railroad tracks on and across the public streets of the City of Beaumont, hereinafter indicated, as industrial tracks, said tracks to be maintained and used at the following locations: (a) Said track 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 southwesterly line of Milam Street, and ex- tending northwesterly across Milam Street; and a standard guage railroad track, now laid and breaking out on the westerly side of thetabove described track, ten (10) feet more or less,'southerly from as measured along the center line of said proposed track as herein- above described, the northwesterly line of Milani Street and extending in a northwesterly direction across Milam Street. (b) 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 Gil- bert Street and across Neches Street to the south- westerly line of Lot No. Three Hundred, Eight -four (#384), Block No. Fifty-five (#55) Original Town of Beaumont, approximately five (5j feet northwesterly from the southwesterly corner of said lot. (c) To be known as the spur track breaking out of the easterly side of the Railway Company's indus- trial track in Railroad Avenue one hundred, thirty (130) feet more or less north of the north line of Forsythe Stree t;'thence extending northerly along Railroad Avenue a-dd across Fannin Street to a point five (5) feet more or less east of the northeast corner of Fannin Street and Railroad Avenue. (d) To be known as the side 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 Gil- bert 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. Petitioner requests that said authority, in each instance, be granted to it for a period of ten (10) years, upon the annual -2- consideration of $50.00 as to each of said locations. Petitioner further shows that under authority previously extended by the City of Beaumont, Texas, that its predecessor, Texarkana & Fort Smith Railway Company, did build and locate in- dustrial tracks at each of the' locations above set forth; and that said industrial tracks at each of said locations have been continuously used by the Texarkana & Fort Smith Railway Company, during its existence, and this petitioner (since it acquired the properties of the Texarkana & Fort Smith Railway Company) down to this date; that no new tracks are to be constructed by this pe- titioner at either of said locations, but instead the tracks as now located there are to be used and maintained if such authority, as here requested, is given. Proposed specimen Ordinances are attached hereto for such use as the City may find advisable. Respectfully submitted, THE KANSAS CITY SOUTHERN RAIDTAY COMPANY M m d s,9lsto t to Yresiaent. mloor, First Federal Savings ding aumont, Texas Its Attorney PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared who, being by me duly sworn, says that the foregoing and attached Tnizrlel3 Nni:i na was published on the following dates: 11oaember 9.., —A. D-, 19 in the BEAUMONT .1011MITA-L a daily newspaper printed and published at Beaumont, Jefferson County, Texas. F,... A .. Baan �, q 11 SD '' AN ORDINANCE GRANTIN- .TO THE KANSAS CITY SOUTHERN' RAILWAY- COMPANY; 'A -CORPORATION, ITS SUCCESSORS OR ASSIGNS, THE'. RIGHT. AND, . PRIV- ' ILEGE. TO OWN, USE -"AND MAIN- TAIN 'A STANDARD GAUGE RAIL ROAp. TRACK OVER AND, ACROSS MILAM STRFET, -SAID TRACK NOW'•; MILM .STREET,' SAID TRACK' NOW;; BEING LOCATED OVER AND, ACROSS .. SAID STREET AND BREAKING OUT ON A WESTERLY SIDE OF THE MAIN -TRACK OF ,THE KANSAS CITY SOUTHERN RAILWAY COMPANY THIRTY -,TWO (32) FEET, MORE OR''! LESS' SOUTHERLY.- AS MEASURED i ALONG—THE CENTERLINE OF SAID i MAIN TRACK, FROM THE .SOUTH- > -WESTERLY LINE OF MILAM STREET, <-AND EXTENDING NORTHWESTERLY -ACROSS MILAM STREET; AND A STANDARD GAUGE R A I -L R O A D TRACK WHICH BREAKS OUT, ON THE WESTERLY SIDE OF THE TRACK BERRINABOVE DERCRffiEn_ SAID [BED, . iBEFORE SAID ORDINANCE .SH¢LL GO INTO EFFECT.. BE IT ORDAINED BY THE . CITY- OF ITYOF BEAUMONT: Section 1. The Kansas City Southern Railway. Com- pany. Its'successors and assigns, is here-, lby 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, an to opertecaJefferson orsthereon,fory�Texas, of, six. (6) months, said, standard gauge railroa-� main - tallied and bu ed nuponcross aiandn ao Milam Street InBeaumont,. Jefferson County, Texas, as follows: out on the I Said track breaking,I wester - 17 side of the main track of,The Kan- sas City southern Railway Company thirty-two, (32) 'feet more or less south= erly its measured along -the centerline of said main track, from the south- westerly line northwesterly -across, s:sA.,mu m". Street;, and,a standard gauge, railroad I track, now laid and breaking, out, on the westerl9:sid'p of(the above described track, ten. (10) feet, -more'. or :less, southerly! from 'as- measured alohg,Abe - centerline of said, proposed track as '' erlyilineove of Milani Stbed -reeteandrextend- ), fng in a northwesterly direction across Milam Street. -Section 2: The standard gauge railroad laid, now laid, and to be owned, used and' main-. j tained under"the terms and conditions of. t this -ordinance, shall be used as an indus- try track, it being -understiodt tbatusaid nfi -=en-i -- LCI Section 3.-_... _'The ' foregoing ?rights and privileges are granted upon the expressed condition that :.said,grantee shall,- within thirty (30) days after.. final passage of this ordinance, file with the City Clerk of The' CSty 1:of Beau= )' mont lts.writteni acceptanceOf .this ordi- ` nance. j, ( ;. Section 4� This ordinance. is passed subiect to all the -terms ,and, provision; ;Of,, the Charter of, The City'of. Beaumont. ,'Section .5: . This ordinance shall go into effect ten l (10) days after its adoption on its third land final reading and filing of acceptance I and shall continue in full force and effect for a period of 51x (6) months thereafter. Section 6. The compensation to be paid to The -City of Beaumont by grantee ,herein' is $25.00, payable upon acceptance.by grantee. -Section 7. The full text of this ordinance shall be, neter wspaperl of general circ nI tion, published 1n .the City of Beaumont: at the expense of the grantee. :.PASSED upon. third and final,readinR by an affirmative vote of -the C1tY'COuncil Of The City of Beaumont, this the_3rd' day of November, A. D., 1053. ,'- /s/ Otho Plummer . - Mayor - SUBSCRIBED and sworn to before me, this the day A. D., 19 �. z NOTARY P I n an for a erson tnulty, Texas �, q 11 SD '' AN ORDINANCE GRANTIN- .TO THE KANSAS CITY SOUTHERN' RAILWAY- COMPANY; 'A -CORPORATION, ITS SUCCESSORS OR ASSIGNS, THE'. RIGHT. AND, . PRIV- ' ILEGE. TO OWN, USE -"AND MAIN- TAIN 'A STANDARD GAUGE RAIL ROAp. TRACK OVER AND, ACROSS MILAM STRFET, -SAID TRACK NOW'•; MILM .STREET,' SAID TRACK' NOW;; BEING LOCATED OVER AND, ACROSS .. SAID STREET AND BREAKING OUT ON A WESTERLY SIDE OF THE MAIN -TRACK OF ,THE KANSAS CITY SOUTHERN RAILWAY COMPANY THIRTY -,TWO (32) FEET, MORE OR''! LESS' SOUTHERLY.- AS MEASURED i ALONG—THE CENTERLINE OF SAID i MAIN TRACK, FROM THE .SOUTH- > -WESTERLY LINE OF MILAM STREET, <-AND EXTENDING NORTHWESTERLY -ACROSS MILAM STREET; AND A STANDARD GAUGE R A I -L R O A D TRACK WHICH BREAKS OUT, ON THE WESTERLY SIDE OF THE TRACK BERRINABOVE DERCRffiEn_ SAID [BED, . iBEFORE SAID ORDINANCE .SH¢LL GO INTO EFFECT.. BE IT ORDAINED BY THE . CITY- OF ITYOF BEAUMONT: Section 1. The Kansas City Southern Railway. Com- pany. Its'successors and assigns, is here-, lby 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, an to opertecaJefferson orsthereon,fory�Texas, of, six. (6) months, said, standard gauge railroa-� main - tallied and bu ed nuponcross aiandn ao Milam Street InBeaumont,. Jefferson County, Texas, as follows: out on the I Said track breaking,I wester - 17 side of the main track of,The Kan- sas City southern Railway Company thirty-two, (32) 'feet more or less south= erly its measured along -the centerline of said main track, from the south- westerly line northwesterly -across, s:sA.,mu m". Street;, and,a standard gauge, railroad I track, now laid and breaking, out, on the westerl9:sid'p of(the above described track, ten. (10) feet, -more'. or :less, southerly! from 'as- measured alohg,Abe - centerline of said, proposed track as '' erlyilineove of Milani Stbed -reeteandrextend- ), fng in a northwesterly direction across Milam Street. -Section 2: The standard gauge railroad laid, now laid, and to be owned, used and' main-. j tained under"the terms and conditions of. t this -ordinance, shall be used as an indus- try track, it being -understiodt tbatusaid nfi -=en-i -- LCI Section 3.-_... _'The ' foregoing ?rights and privileges are granted upon the expressed condition that :.said,grantee shall,- within thirty (30) days after.. final passage of this ordinance, file with the City Clerk of The' CSty 1:of Beau= )' mont lts.writteni acceptanceOf .this ordi- ` nance. j, ( ;. Section 4� This ordinance. is passed subiect to all the -terms ,and, provision; ;Of,, the Charter of, The City'of. Beaumont. ,'Section .5: . This ordinance shall go into effect ten l (10) days after its adoption on its third land final reading and filing of acceptance I and shall continue in full force and effect for a period of 51x (6) months thereafter. Section 6. The compensation to be paid to The -City of Beaumont by grantee ,herein' is $25.00, payable upon acceptance.by grantee. -Section 7. The full text of this ordinance shall be, neter wspaperl of general circ nI tion, published 1n .the City of Beaumont: at the expense of the grantee. :.PASSED upon. third and final,readinR by an affirmative vote of -the C1tY'COuncil Of The City of Beaumont, this the_3rd' day of November, A. D., 1053. ,'- /s/ Otho Plummer . - Mayor - THE KANSAS CITY SOUTHERN RAILWAY COMPANY LOUSIANA & ARKANSAS RAILWAY COMPANY BEAUMONT, TEXAS November 23, 1953 G. P. WILLIAMS A55ISTANT TO PRESIDENT N ORDINANCE NCT, 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 over and across Milam Street, said track now being located over and across said street and breaking out on a 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 southwesterly line of Milani Street, and extending northwesterly across Milani Street; and a standard gauge railroad track which breaks out on'the westerly side of the track hereinabove described, ten (10) feet more or less, southerly from as measured along the center line of said track hereinabove described, the northwesterly line of Milam Street and extending in a northwesterly direction across Milani 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 six (6) months; providing for a consideration of $25.00 to be paid, and prescribing the conditions to be fulfilled before.said ordinance shall go into effect. 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 November 3, 1953• It provided that this company should file written acceptance of such ordinance within thirty (30) days from its final passage. The ordinance further provided that this company should pay the sum of $25.00 as compensation to the City for the use of the streets permitted under such ordinance. Accordingly, you are hereby Railway Company does accept said passed on November 3, 1953• advised that the Kansas City Southern ordinance above captioned, as finally Herewith you will find check in favor of the City of Beaumont to cover the $25.00 payment provided in such ordinance. Bir. James Garrand, City Clerk Page 2 November 23, 1953 Upon the copy of this letter enclosed, vie wil-1 thank you to acknow- ledge the filing of this acceptance and the receipt of the $25.00 enclosed here. Sincerely, THE KAN'SAS CITY SOUTHERN RAILWAY COMPANY $y Its Assistant to the President STAT12119" FOR CLASS11FIED ADVERTISMG THE ENTERPRISE' COMPANgY BEAUMONT, TEXAS BEAUMONT ENTERPRISE Morning and Sunday C i t'r of Bc- ii l ->,on t City "Tall Bea tnc - t, Texas 3q 13EAUMONTJOURNAL Evening except Sunday Classified Department: Pb. 4-1431 Date DESCRIPTION No. No. Unes I AMOUNTTt[nes + 11/�j Lei �l TTot.�.cc 1 123 4;1.8.t.r SoutY,;'rester. l.p !; :e of ?`lila a S tree t