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HomeMy WebLinkAboutORD 8-Z73-199-- y1,.�.. AN ORD INANC E 1Ah fU, a Granting to The Kansas City Southern Railway Company, a csorporation,, its successors or assigns, the right and privi- lege to own, use and maintain a standard guage railroad track breaking out on the southerly side of the Railway Company's { vrLi1north leg of Wye Track at a point east of Holmes Avenue and f running westerly across Holmes Avenue on a_curve to the right - intersection 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 one (1) year; provid- ing 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) 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 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, as more fully shoVm 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 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. This ordinance is passed subject to all the terms and pro- visions of the Charter and ordinances of the City of Beaumont. -Section 6. 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 7. 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 1st day of July, A. D., 1954. Section 8. 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 oflli�,A. D., 1954. a y 0 r VAN WVR!'IGrt 8 p Ay \� J Q4, Al IZ 7 .5 9 10 11 I1. 7 i E. Varma Wor F .4ewer iItby'Cijy & .T. -B SrFS. ( I 3249 ! i" Lo 1 9+ 95 5 if ew'&571'RaII AFE 7425 u , ,�Conc.`Mot, I Ub:Cot 1' i 7 2s 34 1 i` t- 35 r 1 �` � r � a' N ��� `� � t�� r � `� r. .." `i, - J:ii � � Ar. �* � {I i• ��.O%O .`'x 4~` a.Qf. a s y �, Y' {T X� �'' 1 O'• ->ox- m 5 i ;'t v ` v6 !Z Dedlcared to C irk ;or. St-ree' Need 3051.°? 1 F � 1�L �y 1 i � .1k4h � C�, t � 1�,F2 .. �� � �, �' ♦ �� i ,ill f, ..��� a= r I' a t�a'Gtu �'{•,°-..- 48 4 .(��;ems:-� ..' z'. '•.- �. I �7 Mw �'4• tr r� >< *l.t:$5'l' � _.COh.�l�e:fit1�L'. �c 'MM �: ; ::l4 la � k -CP , ; ;, 36 (O.L�• . ld ' ,iF �ti �; ; t i 4 0.� 366i1 { s kp''`��' 0 '• 1 - 162L7 " 'I- 1 I: f 20 , rt• � z f 1 to ;",, 1 �° too � fit; `Con�G •b � • �� . i� ` - .It?'. �d.U,n 64 C) Zs c� 143 t ��j,N9i•r •A CaT cffonrt 1 � �C t' ` a r �' �, �' i , 62 K Co �tmer�fv �•p of Wq<s-`snl 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 on the southerly side of the Railway Com- pany's north leg of Wye Track at a point -east of Holmes Ave- nue 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 lese,,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 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. Mr: James Garrard City Clerk City of Beaumont Municipal Building Beaumont, Texan 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. Herewith you 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 s ss s an a Pres en No Text No Text c� , �- AN ORDMANCEy • ; '.: Granting to The Kansas-City••S6uthern ,Company, .a';corporation;e.. its, (Railway successors or assigns, thi right and privi- lege to. own; use and maintain, a stand- ard guage--railroad track breaking out PUBLISHERS AFFIDAVIT on. the southerly side. of the, Raillvar lee Wye. Track at Company's- north, of a point east of Holmes Avenue 'and run- ning- westerly across Holmes Avenue on ' a curve to the right-intersectlon, 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'nothwesterly direction, to and extend - lag into Railroad Avenue five feet ' THE STATE OF TEXAS id more or -less, -to connect with said north Beau-, leg of Wye Track In,theCity of meat, Jefferson County, Texas,' and to COUNTY OF JEFFERSON own, use and maintain its tracks •and. to operate cars over and across said tracks and'street for a period one (1) year; • ,of providing for a consideration o1 $50,00 to be paid, and prescribing the conditions to be. fulfilled before said ordinance shall go into effecet. BE IT ORDAINED BY THE CITY COUN, ' OF THE CITY OF BEAU-14— Before me, the undersigned authority, personally appeared section l: The Kansas City- Southern. Railway Company, -its- successors and -assigns,, is hereby granted the right and privilege to own, use and maintain, and opevate 7� R . A- R P,fi n oars thereon, at its own expense, a standard guage railroad track for .a period o1 one (D year, . said standard guage railroad track now being located and constructed, and to be used and who, being by me duly sworn, says that the foregoing and maintained,. at the following described , location .upon and across • the streets therein stated:- ' To be' known as the side track breaking out on the southerly side. attached Legal Not i Ce of -the Railway Company's north leg of wye track at a point east.of Holmes Avenue and running westerly ' across Hohnes'Avenue on a curve to ortherly - ; ,• the right'' intersecting the northerly- line GRoreberStreet Twenty-eight. line was published on the following date p g s; from. t) fe or d.running hewest line of Holmes Avenue and - running then on --private property in. a northwesterly direction to and ex- tending into . -railroadAvenue five August 10 th . 54 •(S) feet more or lessessto connect with A. D,, 19 said, north' leg of Wye track, as more fullshown by red line on'. print hereto attached and marked Exhibit "A" and made a part of this , �s .in the BEAUMONT JOURNAL , a daily newspaper Section 2. The standard guage railroad track now laid, and • to be owned, used and 'main- tLined .under the terms and ,conditions' of.'this..ordinance, shall be use only •as an -industry track,�it being understood printed and published at Beaumont, Jefferson County, Texas. 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 temper- ' '.arily, as necessary in switching cars to 'and from the industries served by said. R. A. Bean, Credit Manager tracks. Section 4. - �� The grantee hereunder shall keep up . land maintain the. crossing over said '. track in a'- manner satisfactory to the City Engineer of the City of Beaumont SUBSCRIBED and sworn to before me, this the day and upon tany time tokeep to. keep of said grantee at said crossing and switch track in a condition satisfactory to the City Engineer, the City 'of Beau -i Of- A. D., 19 imont shall have the right to �remove- said track from its -streets and to collect( the cost thereof from.the'grantee herein. Section _5, This ordinance is passed subiect to all; the terms and provisions of the Charter, and ordinances of the City of Beaumont. Section 6, . - This ordinance, shall go into effect - ten (10) days after .its adoption on, its thud and final* reading and filing of NOTARY PUB nd for a ferson Ounty, Texas acceptance . and shall cointhlue in full force and effect fora period.of one (1) year. thereafter. Sectfon 7. _ 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, 8.- The full. test of this ordinance- shall be, after final passage, ,published once in a newspaper 'of general -circulation; published',ln the City -.of .Beaumont, at - the expense.ofthe grantee.'- PASSED upon third and final reading by an.affirmative .vote of the City.Coun= • cit' of the- C)ty- f_Beaumont this the 3rd day of Au st D.;. b4. , ._ Slsned: Elmc R B co