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HomeMy WebLinkAboutORD 6-ZA�i G 'AN ORD INANC E Granting to The Kansas City Southern Railway Company, a corporation;_ its successors or assigns, the right and privi- V lege to own use and maintain a standard guage 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 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 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 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, and operate cars thereon, at its own expense, a standard guage railroad track for a period of one (1) pear, said standard guage railroad track now bring 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 spur ,t,rack breaking out of the easterly side of the Railway Company's industrial track in Railroad Avenue one hundred, thirty (130) feet more oar 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, 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 this ordinance, shall be used as an industry_ track only, 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 " � 7 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 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 ac- ceptance and shall continue in full force and effect for a period of one (1) year thereafter. Section 8. Tlje compensation to be paid to the City of Beaumont by grantee herein is $50.00 per annum, with the first payment due and payable on the lst day of July, A. D., 1954. Section 9. The full text of this ordinance shall be, after final -3 - 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 .5.L44--' day of , A. D., 1954.- y o r T. 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ZE 5, � Q j CD . , 8 7; . , 8 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 breaking out of the easterly side of the Railway Com- pany's industrial track in Railroad Avenue one hundred, thirty (130) feet more or less north of the north line of Forsythe Street; thence extending northerly alon Railroad Avenue and across Fannin Street to a point five (51 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 maintain its tracks and to operate.cars over and across said tracks and street for a period of one, (1) year, gr9.1ding for a consideration of $50.00 to be paid, and pre- scribing 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 August 3, 195 +, It providdd�_;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 $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. Herewith you will find check in favor of the City of Beaumont to cover the $50.00 payment provided in such ordinances. ` MV - Mr. James Garrard, City Clerk #2- . 8/5/5+ 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 ... � t By. Its Assistant to the preslaen7 August 5, 1954. Re: AN ORDINANCE t 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 breaking out of. the easterlyside.of-the Railway Com pary's industrial track in. Railroad Avenue one hundred', thirty (130) feet more or less north of the north line'of Forsythe Street; thence extending northerly aloe Railroad Avenue and across Fannin. Street'to a point five'_(5) feet more or less,' east of the northeast..corner,of Fainn_in Street and Railroad. Avenue 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 one (1) year, p_ov::dtng for :a consideration of, $50.00 to� be. paid, and pre- scribing the., canditionU to be.- fulfi7l,ed, before' said ordinance shall �o into �e.ffe'ct Mr. James Garrard City Clerk - City of Beaumont Municipal Building Beaumont, Texas Dear Sir: 0 The above captioned ordinance was finally read'and passed by the City Commission of the City of Beaumont on August 3, 1954,, 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 hanthis-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.. Herewith you will find check in favor , of the City of Beaumont to cover the $50:00 payment provided in such ordinances. fir.._,Jdmesv Garrard; :.Ci Clerk!''.. . #2- - . •8/5/5 - - . - tJpvn the copyof -_this letter:enclosed, :we wil.I thank you.'toacknowledge ,the:; filing.,of. this, acceptance and ,the . re- Ceipt:of the5000'enoo�d.here. - :Sincerely:;.;. - .THE KANSAS: CITY SOUTHERN _ - RA SWAY t : COMPANY . is Ass s .an ,. o.the President A i, Original: of,..ihe. above le,tter:; :with the.: payment: o.f. -day, ' $50 ,00'uthere n sp`ecifidd,-this received This the day of August; L1.95 V: ' rY OF BEAUMONT.:. '. BY , el 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 T,Pfralz-va��^ was published on the following dates: August , 10 th . , A. D., 19 .5 4 in the BEAUMONT T0TTpj\TAT, , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. R. A;.. Bean, Credit Manager SUBSCRIBED and sworn to before me, this the 1�/ day of DA. D., 19 -W -. NOTARY IrLIC in an or a erson aunty, z'exas AN ORDINANCE ^ tj Granting to The Kansas City South-` ern Railway Company, a corporation, i7k its successors or assigns, the right and privilege tc own,use and maintain a f c J standard guage railroad track breaking out of the easterly side of the Railway Company's industrial track in Railroad Avenue•onc hundred, thirty (130) feet more or less norm, 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 in the City -of Beaumont, Jeffer- son 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 one (1) year; providing for a consideration of $50.00 to be paid, and prescribing the conditions to be ful- filled 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, and operate cars thereon, at its 'own expense, a standard guage railroad track for a period of one (1) -year, said standard guage railroad track now bring located and constructed, and to be used and maintained, 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 hun- dred, thirty (130) feet more or less north of the nbrth 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 north- east corner of Fannin Street and Railroad Avenue, as more fully - shown by red line on print hereto attached and marked Exhibit "A" j and made a part of this ordinance. Section 2. The standard guage railroad track now j laid, and to be owned, used and main - rained under the terms and conditions of this ordinance, shall be used as an industry track only, 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 kinds shall be -allowed to stand- on the portion of said switch track whicli 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 -an 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 toe City Engineer, the City of Beau - mor shall have the right to remove said track from Its streets and to col- ' lett the cost thereof from 'the grantee hbrefn. 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 ofthe City of Beaumont its written neceptance of this ordinance. Section6. This ordinance is passed subfect 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 accept- ance and shall continue in full force and effect for a period of one (1) year thereafter. _ Section S. The compensation to be paid to the City of Beaumont by grantee herein is $50.00 per annum, with the first pay- ment due and payable on the 1st day of July, A, D., 1954. Section 9. 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 by an affirmative vote of the City Council of the City of Beaumont this the 3rd day of August, A. D., 1954. Signed: Elmo R. Beard, Mayor