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HomeMy WebLinkAboutORD 5-ZAN ORDINAICE n `S ry ' Granting to The Kansas City Southern Railway -Company, a corporation, its successors or assigns, the right and privi- lege to own, use and maintain a standard guage 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 Milam Street, and extending northwesterly across Milam Street; and a standard guage 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 Milani Street and extending in a northwesterly direction across Milani Street in the City of Beaumont, Jefferson County, Texas, and to.u own, se and maintain -its tracks and to operate cars over and across said tracks and street for a period of one (1) year; providing for a consideration of $50.00 to be paid, and prescribing the conditions to be fulfilled before said ordinance shall go into, effect. 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 guage 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 one (1) year, said standard guage railroad track being now laid and to be maintained and used upon and across Milani Street in Beaumont, Jefferson County, Texas, as fob lows: 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 extending northwesterly across Milam Street; and a standard guage railroad track, now laid and breaking out on the westerly side of the above described track, ten (10) feet more or less, southerly from as measured along the center line of said proposed track as hereinabove des- cribed, the northwesterly line of Milam Street and extending in a northwesterly direction across Milam Street as more fully shown by red line on print hereto attached and marked Exhibit "A" and made a part of this ordinance. Section 2. The Standard guage railroad track now laid, and to be owned, used and maintained under the terms and conditions of 0 -2 - 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 satis- factory 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 pro- visions 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 ac- ceptance and shall continue in full force and effect for a period of one (1) year thereafter. Section 8. The compensation to be paid to the City of Beaumont by grantee herein is $50.00 per annum, payment due and payable on the 1st day of July, A. D., 1954. -3- 0 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., 1954. T � � r'ti r rr,5 - V 04 'womm r-3 r -� 1 •I. / a6 eao�g s aas�eal �yft�ti „ / ; fb nix ;� Jf rwr '•to.r"7 a^4' � � A � .o- sew r /F � � -� ," s� ; ' �# J� �� � s .. S J� ,,�, s .ro'//�.' 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Mr. James Garrard City Cleric City of Beaumont i.unicipal Building Deaumant, Texas Dear Sir: The above captioned ordi-A-.nco was finally nea(i and passed by the City Commission of the City of Beaumont on `,Tovera- ber 3, 1953. It pyovldcyd that this company should file writ- ten acceptance of such ordinance ^rithin thirty (30) days from its final passage. The ordinance further provided that this company should pay the sum of $50.00 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 Company does accept said ordinance above captioned, as finally passed on August 3, 1954. No Text August 5, 195+ Re: AN ORDINANCE Granting to The Kansas City Southern Railway 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 a westerly side of the main track of The Kansas City Southern Railway Company thirty-two (32) feet more or less southerly, as mea- sured along the center -line of said main track, from the south westerly line of Milam Street, and extending northwesterly across Milam Street; and a standard-gauge railroad track which breaks out on the westerly side of the track herein- above 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 Milam Street 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 st#7tet for period of one (1) year; providing for a con- sideration of $50.00 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 Munidipal Building Beaumont, Texas Dear Sir: The above captioned ordinance was finally read and passed by the City Commission of the City of Beaumont on Novem- ber 3, 1953. It provided that this company should -file wrt- ten acceptance of such ordinance within'thirty (30) days from its final passage. The ordinance further provided -that this company should pay the sum of.$50.00 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 Company,does accept said ordinance above captioned, as finally passed on August 3, 1951• Mr. James Garrard City .Clerk #2- 8/5/54 Herewith you will find check in favor of the City of Beaumont to cover the $50.00 payment provided in such ordinance. Upon the copy of this letter enclosed, we will thank you to acknowledge the filing of this acceptance and the re- ceipt of the $50.00 enclosed here. Sincerely, THE KANSAS CITY SOUTHERN .RAILWAY COMPANY By As s an o e Pres ent