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HomeMy WebLinkAboutORD 7-Zc 1 AN ORDINANCE Company, Granting to The Kansas City Southern Railway a corporation, its successors or assigns, the right and privi- lege to own use and maintain a standard guage railroad 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 Gilbert Street and across Neches Street to the Southwesterly line of Lot NO. Th'ree Hundred, Eighty-four (#384), Block No. Fifty-five (#55) Original Town of Beaumont, approximately five -(5) feet north- westerly from the.southwesterly corner of said -lot 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 street for a 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. 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 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 sAr_„,trach: 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- w!aumon sterly line of Lot No. Three.Hundred, Eighty-four 384),Block No._Fifty-five (#55), Original Town ofBt, approximately five (5) feet northwesterly from the southwesterly corner -of said lot 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 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. -2 - 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 cross- ing 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 Enijineer, 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 acceptance 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, 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 passage, 5911 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�,C_e� day of J A. 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Cot', 11- 274 27.5 276 1 279 46 273 272 271 N-� August 5, 1954 Re: AN ORDINANCE Granting to -The Kansas City Southern Railway Company, a catporation, its successors or assigns, the right and privi- lege to own, use -and maintain a standard gauge railroad -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 Gilbert Street and across Neches Street to the Southwesterly line of Lot No. Three Hundred, Eighty-four (#384), Block No. Fifty-five (#55), Original Town of Beaumont, approximately five (5) feet north- westerly from the southwesterly corner -of said lot 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 street for a period of one (1) year providing for a consi- deration of $50.00 to be paid, and prescribing the conditions to be fulfilled before said ordinance shall go into effect.'- Mr. ffect: 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 Au- gust 3, 1954. It provided that this company should file writ- 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, 1954. Herewithyou will find check in favor of the City of Beaumont to cover the $50.00 payment provided in such ordinance. Mr. James Garrard #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 By Ass' a44.n the Pres enF No Text No Text 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 Legal Notice was published on the following dates: August 10 th . , A. D_, 19 54 AN ORDINANCE Granting to The Kansas City South-, ern Railway. Company, a: corporation, Its successors or assigns, the right and privilege to own, use and. maintain a' standard guage railroad track breaking out 'on the northerly side of the Rail- way Company's. present main track in Gilbert Street 'near the East line of i Trinity Street and extending north- easterly in Gilbert Street and across Neches Street 'to the Southwesterly line of Lot NO. Three Hundred, -Eighty-four i ,.o. 394);' Block No. Fifty-five (No, 551 '_-Original Town of Beaumont, approxi- mately five (5) feet north-westerly from the southwesterly corner of said. lot in the City of Beaumont, Jefferson Coun- ty. Texas, and to own, use and main- tain Its tracks and to operate cars 1 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 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) year, said, standard guage railroad track now being 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 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 Gilbert Street and across Neches Street to the south- westerly line of Lot! No. Three Hun- dred, Eighty-four (No. 394), Block No. Fifty-five (No. 55), Original. Town of Beaumont approximately five (5) feet nortjrwesterly from the south- westerly corner of said lot, as more fully .shown by red ' line on print hereto attached and marked Exhibit "A" and made a - part of this ordi- nance. Section 2. The 6standard guage railroad track, now laid, and to be owned, used and maintained under the terms -and con- ,ditions of this ordinance, shall be used only as an inudstry track, it being understood that said track was con- structed, and is to be used, owned and maintained, for the purpose of reach- j LEGAL NOTICES in the BEAUMONT ITOURN-U , a daily newspaper ing commercial and industrial enter- prises. Section 3. toNstandsonf they kindPortion ofsaid 1allowed' switch printed and published at Beaumont, Jefferson County, Texas. Ito which is in the Public ithe City of Beaumont except sttempor- arily as necessary in switching cars to ;nd from the industries served by said racks. - ' Section 4. aThe grantee hereunder shall keep up nd 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. R. A. Bean, Credit Manager switch track in a condition satisfactor? I to the City Engineer, the City of Beau- mont shall have the right to remove said track from its streets and to col- . lett the cost thereof from the grantee SUBSCRIBED and sworn to before me, this the ay i herein. -Section S. The foregoing rights and Privileges I are grantegl upon the expressed condi- , tion that' said grantee shall, within A . D . 1 9 _ _ thirty (30) days after'the final passage Of r of this ordinance, file with the City Clerk of the City of Beaumont its writ- ten acceptance of this ordinance. Section 6. MThis ordinance is passed subject to all the terms and provisions of the Charter and ordinances of the City of !2 Beaumont. Section 7. NOTARY PUBLOC In an for Jefferson ounty, Texas This ordinance shall go into effect ten (1U on pits thlrrd ands finaldaytereading itsBand ofiling sof acceptance and shall continue in full force and effect for a period of one (1) year thereafter. Section a. The compensation to be paid to the City of Beaumont by grantee herein is 1 1.$50.00 per annum, with the first pay- 1 �ment due and payable on the 1st day Of July, A. D., 1054. 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 tpe City Coun- cil of the City of Beaumont this thell 3rd day of August A. D., 1954. i /s/ Elmo R. Beard Mayor