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HomeMy WebLinkAboutORD 40-YSection 1. The Kansas City Southern Railway Company, its successors and assigns, is hereby granted the right and privilege to own, use and maintain, and operate cars thereon, at its own expense, a standard gauge railroad track for a period of six (6) months; said standard gauge railroad track now being located and con- structed, and to be used and maintained, at the following des- cribed location upon and across the streets therein stated: 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 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) more or less to connect with said north leg of wye track. 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. ✓ 9�Y y�v3 AN 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 -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 NORTHLY 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 SIX (6) MONTHS; PROVIDING FOR A CONSIDERATION OF $25.00, AND PRESCRIBING THE CONDITIONS TO BE FULFILLED BEFORE SAID ORDINANCE 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, and operate cars thereon, at its own expense, a standard gauge railroad track for a period of six (6) months; said standard gauge railroad track now being located and con- structed, and to be used and maintained, at the following des- cribed location upon and across the streets therein stated: 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 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) more or less to connect with said north leg of wye track. 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 acceptance 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 - G. P. WILLIAMS ASSISTANT TO PRESIDENT THE KANSAS CITY SOUTHERN RAILWAY COMPANY L.OUSIANA & ARKANSAS RAILWAY COMPANY BEAUMONT, TEXAS November 23, 1953 AN QUVIANCE Granting to the Kansas City Southern Railway Company, a corporation, its successors or assigns, the right'and privilege to own9 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 inter- secting 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 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 advised that the Kansas City Southern Railway Oempany'�does accept said ordinance above captioned, as finally passed on 14ovember 3, 195.3• Herewith you will find •check in favor of the City of Beaumont to coyer the $25.00 payment provided in.such ordinance. Mr. James Garrard, City Clerk Page 2 November 23, 1953 Upon the copy of this letter enclosed, we will thank you to acknow- ledge the filing of this acceptance and the receipt of the.$25.00 enclosed here. Sincerely, THE KANSAS CITY SOUTHM RAILWAY COMPANY • b By Its Assistant to the President STAT22MT FOR DiMSn7ED ADVERTISING THE ENTERPRISE ' COMPANY BEAUMONT, TEXAS BEAUMONT ENTERPRISE Morning and Sunday �`-���r�• �f V BEAUMONT JOURNAL Evening except Sunday - C2t Hall -91d _Clo rk Beaumont, Texas Classified Department: Ph. 4-1431 Date DESCRIPTION zy,n�s I Unes AMOUNT 11% Legal Notice 1 109 616.35 E- st of Holmes Avanue PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared R. A. Bean who, being by me duly sworn, says that the foregoing and attached Legal Notice was published on the following dates: November :9.9 A. D_, 19,5� in the BEAUMONT�1( 1TgTTAT. , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. R. A. Bean. ISBISICRIBED and sworn to before me, this the A. D 19�_ 3 NOTARY PUTC inPUT and for Jefferson County, Texas 0_3` Ms_� ALV un--. . GRANTING' •.TO THE SCTTY " SOUTHERN RAILWAYKANCOMPANASY, A 'CORPORATION,ITS'SUCCESSORS OR ASSIGNS,. THE • RIGHT- AND PRIV- ILEGE ' TO OWN --.USE AND MAIN- TAIN -A STANDARD GAUGE ,RAIL- _ ROAD,, TRACK -BREAKING , PUT. ON _ THE' -SOUTHERLY . SIDE' OF • -THE RAILWAY) COMPANY'S: NORTH .LEG OF WYE• TRACK-,AT,A POINT EAT or HOLMES AVENUE AND' RUNNING _ WESMMY.•ACROSS HOLMES'.'AVE-. NUE ON A CURVD•TO,THE RIGHT 'INTERSECTING THE NORTHLY• LINE' OF GILBERT• STREET I'TWENTY= (28) FEET, iMORH OR • LESS, j WF ESTERLY FROM THE WEST LINE} 'OHOLMES AVENUE, AND. RUNNING ' THEN ON PRIVATE PROPERTY; IN A NORTHWESTERLY DIRECTION TO ( AND. EXTENDING INTO RAILROAD 1 LESS, AVENUE. O ONSNECTE WITHR SAID NORTH-LEG.OF WYE•TRACK-IN-THE,CITY . ' ON �COUNTYFTEXAS.,AND TO OWN, USE ( AND MAINTAIN ITS TRACKS AND TO OPERATE CARS OVER AND''-rr ACROSS SAID TRACKS AND STREET FOR PERIOD OF SIX (6) MONTHS, . PROVIDING FOR A CONSIDERATION OF $25.00 AND .PRESCRIBING THE' �.: CONDITIONS TO BE FULFILLED BE- "FORE E- -FORE SAID ' ORDINA14CE SHALL GO .INTO EFFEOT. , -.1 { BE-IT`ORDAINED BY ,THE. CITY }Il OF BEAUMONT" Section 1. The Kansas City Southern Railway Com- pany, its successors and assigns, is here -1 by; granted the right and privilege to own, use and maintain, and operate cars there- on, at its own expense, •a' standard gauge gailroad track for a; -.Period of six (6) months; said standard gauge railroad track now being located and constructed, and to be used- and -maintained, at- the fol- lowing described location upon and across, the streets therein stated: Tobe known as the side track break- ing out on the southerly side' 'of the Railway Company's north leg of Wye track at a point east, of Holmes Ave- nue and running westerly across Holmes t Avenue an a : curve tothe right intersecting the northerly' line of-, Gilbert, Street twenty-eight (28) feet" more', or less; Westerly, from the west line-'af, Holmes )Avenue, and . run-. i ningg"then• on, Private propertY,'An a northwesterly direction-t'o and extend int;, into . Railroad !Avenue ' five • (5). more.: or `Hess to connect with said• north,leg .of wye track. 1 . Section 2. The, standard gauge railroad track now 4 laid, and. to ' be- owned, -used .and main- tained:under,.the terms .and conditioris'of 1 this, ordtndnce, shall be used.,as, an andus- tr9 track,,: it -being 'understood Ahat.said j track. .was ,canstructedi_ and; is -to be used. owned -and., maintained, for the purpose of 1 reaching, commercial -arid, 'industrial en- terpflses.` ' 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 Clty Clerk of The :City of Beau - Mont its written, acceptance of, this ordi- nance. 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 intoeffect ten. (10) days'.'after its adoption on its -third land final reading and filing of acceptance 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'CAY of Beaumont—by grantee,.herein-'is $25.00' - payable -upon acceptance by grantee.. Section. 7. The "full test 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 1 by an affirmative vote o1 the City council I I of The City of Beaumont, this -the 3rd day of-November„A: D., 1953.. ” /s/ Otho, Plummer - Magor -