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Home My WebLink AboutORD 58-Ztel. � io _ J 611, X AN ORDINANCE GRANTING TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY , A C ORP.ORATI ON, , ITS SUCCESS ORS OR ASSIGNS , THE. RIGHT AM 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 WESTERLY SIDE_OF THE MAIN.TRACK-OF THE. KANSAS CITY SOUTHERN RAILWAY- COMPANY THIRTY7TWO .(32) HS FEET MORE -OR IS, SOUTHERLY, AS-MEASUR£D.ALONG THE. CENTER LINEOF SAID. MAIN TRACK, .- FROM . THE SOUTHEASTERLY LINE OF,MILAM STREET, AND EXTENDING NORTHWESTERLY XROSS MILAM STREET, . AND AISO. A STANDARD. GAUGE-. RAILROAD TRACK WHICH. BREAKS OUT ON THE. EASTERLY _SIDE. OF SAID.. MAIN. TRACK. ONE --HUNDRED. TWENTY..(120 )_ FLET MORE_ OR LESS , SOUTHERLY_, AS. MEASURED ALONG THE_CENTER LINE OF SAID. MAIN._ TRACK, 0 SOUTHEASTERLY. LINE. OF MILAM_STR£ET,.AND_ EXTENDING NORTHERLY ACROSS MILAM.STREET IN.TB CITY OF BEAUMONT.,_JEFFERSON-COUNTY, TEXAS, AND TO OWN, USP:. 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- C ONS IDER- ATION OF _$50..00 TO BE, .PAID, AND PRESCRIBINGr_ THE- - CONDITIONS TO BE. FULFILLED BEFORE SA_ ID . ORD_ INANCE 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 gauge 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 gauge railroad track being -now laid and to be maintained and used upon and across Milam Street in Beaumont-, Jefferson County, Texas, as f ollows: Said track breaking out on the westerly side _ of __the main -track of Tfte 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 southeast- erly line of Milam Street,.and extending northwesterly adr-cg-_Milam Street; and. also a standard gauge railroad track, now laid and breaking out on the easterly side of said main track, one hundred twenty (120) feet more or less, southerly as measured along the center line of said main track from the southeasterly line of Milam Street and extending northerly 1 11 .0 #2 �4A i S�' ?-30-19S-5- 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 gauge 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. Section 3. No cars of"any kind shall be allowed to stand on the por- tion of said switch track which is in the publicstreets 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 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. 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 Beau- mont. #3 - 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 $50.00 per annum, payment due and payable on the 30 day of A. D. 1955. Section 9. The full text of this ordinance shall be, after final passage, published once in a newspaper of general circulation, published in the City of Beaumont, at the expense of the grantee. PASSED upon third and final reading by an affirmative vote of the City Council of the City of Beaumont this the ')o-Z�/day of A. D. 1955• iMI-0115 �� .� 1� 2 t c�� *� Z 8 v!' `! I�2 9 F ► lu 31 .. Imo` , 6 b _� ►� 6g ° Pedlcafe.0 Lo C 1 187 -J-ease to C°r�tiRerita C'STra 3o"3 I� Suppiy Co. Cont,'8393- ,5� �,] 5 a N.5' IBQ O '`1� ' �� 3666 •:'� �Z � x162' I, 16:9 m zo 1622 Ini w U _ IU DU�lf ! t.:>.,4.�.' o Beaunc_tvaSC ,% `9 y, 143 �. ..,,.°a� l-"�• / '. 24.5' I i � { I K co'.inerv' ; .^p -Con[ Mo 6 Parc Sia NI ' ZJ�y O I Q s Con+. 147 9, 5111 � k„de:,ce r it s3E00 24 45 f� fr *X-3800 b1 �! 8 2 9. 3 10 4 ti 5 l2 6 GI L.VERT %9 13 20 !A. 21 ti. 15 _ 1 23 °:8�'�7 .31 i �5 24 �� ') 20 a 1� 2 t c�� *� Z 8 v!' `! I�2 9 F ► lu 31 .. Imo` , 6 b _� ►� 6g ° Pedlcafe.0 Lo C 1 187 -J-ease to C°r�tiRerita C'STra 3o"3 I� Suppiy Co. Cont,'8393- ,5� �,] 5 a N.5' IBQ O '`1� ' �� 3666 •:'� �Z � x162' I, 16:9 m zo 1622 Ini w U _ IU DU�lf ! t.:>.,4.�.' o Beaunc_tvaSC ,% `9 y, 143 �. ..,,.°a� l-"�• / '. 24.5' I i � { I K co'.inerv' ; .^p -Con[ Mo 6 Parc Sia NI ' ZJ�y O I Q s Con+. 147 9, 5111 � k„de:,ce r it s3E00 24 45 f� fr *X-3800 b1 �! MILAM i- 1 38 i, e �1;.: d .:. �-�. A F T ,� �j�� ;n .31 i �5 �� ') 20 a s2 Z6 w o `7 71 33 '27 50 34 5�- EXHIBIT A THE KANSAS _ y ; GTY SOUTHERN! RY. CO. -o 35 3 fi 5 J6r VN By _ rwti<�'a er - pRAYY1NG NO. OrFCf OF CWEF E►VGIN$t '. up *�l7 PUI 5T3-! 10+ 5 F, Aw fC 1t 4ertt. c l.vliC 1? S' Cent "639.. _ - —. t- 04EO(ED 8Y :?2L'cCr; OW MAS arY, M6S0QW .. '11!,�cnmcl!5 T_ 7 DATE F RAAN KLlt�L__�` —�,ra1F_ CHIEF DRAMMAN S(:^LE, L 'O" �� --- --- - YRCM DRAw11-1G No- - APPROVED CHIEF ENGINES PUBLISHER'S AFFIDAVIT STREET.- IN` THE CITY OF" BEAU- &D' EAU- ,MONT,-•JEFFERSON•�COUNTY, TExr AS,•AND_TO,OWN; USE AND,MAIN- i•TAIN ITS 'TRACKS -°AND TO OPER- 'ATE, CARS OVER AND ACROSS 'SAID THE STATE OF TEXAS j ; ''Ain• AND PRESC] 'I)ITIONS' TO BE RDII COUNTY OF JEFFERSON j L„��•FORE; SAIF) INTO. � EFFECT. . - ^'•�SE INTO.. ORDAINE w� = a,. O Before me, the undersigned authority, y, personally appeared _ R._ A._ Bean who, being by me duly sworn, says that the foregoing and attachedLegal--Totice _ was published on the following dates: ------------------- 3ept,ari ar------------------------------- A. D., 19_55 . in the BEAUMONT___,IciurnaL-------- a daily newspaper printed and published Lat Be ont, Je e n County, Texas. ------ — -- — --------- R. A. Bean, Credit--- Manager SUBSCRIBED and sworn to before me, this the__/1jA_�__day __ A. D., 19-- /6 NOTAR PUB Iln=a +, � - nd for Jefferson County, Texas ---------- Paste Clipping Here LEGAL NOTICES' track now' located. on ,and, across; l±di-, lam Street; in the, City -of . Beaumont, ,Jefferson County,,' Texas; and' to - oper-, . ate Ears'=;thereon,<forr-a- Period -.of one (1): year;, -said., standard gauge railroad track being now--lafd,,and to be',•main- {tt tafned:, and used -upon - and across. ,Mi- lamStreet ,in Beaumont,. Jefferson County; Texas,.as follows: n Said track breaking out on the west- erly- side- of ' the main trackkof the SKansas City, Southern Railway 'Com- { , pany thirty-two (32) feet • more er -lesg southerly as' measured along the center line of said main .track, from the southeasterly line of Milam Street; and 'extending northwesterly, across IMilam Street; and -also a standard . gauge -railroad track, now laid- and breaking out. on the'easferly side of said .main track,'ane hundred twenty (120) feet more or less„ southerly as _ measured .along the center line of 1 said main, track from theand line of .Milani Street and extend- ing northerly 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 , gauge railroad track now •laid,' and to be owned, used and maintained under the terms and con- ditions of this ordinance, shell be used only.. as • an industry' track, It, ,being understood that said track.'was con -1 strutted,, and-is'to be used; owned and' maintalned;.for,the purpose of reaching commercial and industrial enterprises. Section 3:. No ' cars of iany kind shall be ,allowed i to, stand' on the portion of said=swltch 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' ar manner• satisfactory to- the City Engineer' of the '.City`of Beaumont alnd 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 'Bean- niont,'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`cpnditl6n -,}, ry6c i this ordinance, file;. i L1ie ,City Clefk 'of" the' 'City of ^,Heb oat' ^its written aeceptanc . of tbi .orinance.' ' 5e. tion' 6.,`:s This ordiriariia" is passed sublect to, all the -terms.' 4ii��provisions of the Char- ter and 6$i11j�'ances,-4`the'Citq of Beau - moat., . . t`' -. ` '-ng6ectton. 7 , U2, Bina8ce shall' go into effect ten ' (10) -day*, after:its adoption. on Its third and flgal re ding and filing- of accept- an�e-artic; stiaII continue 1n fu)f force and effect t1qqi�} a period , of one ,(1) year thereaLt•' -fa- 'Section 8. The coinpensation to be paid to the " City of Beaumont by grantee herein is $50.00 per annum, payment-dueand pay- able on the 30th day of Aukust, A. D. f 1956. i 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 Coun- 611 of the City of Beaumont- this the 30th.day of August, A. D. 1955.- ; Elmo Beard. , Mayor 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 rail- road track over and across Milam Street, said track now being located over and across said street and 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 southeasterly line of Milam Street, and extending northwesterly across Milam Street, and also a standard gauge railroad track which breaks out on the easterly side of said main track one hundred twenty (120) feet more or less, southerly, as measured along the center line of said main track, from the southeasterly line of Milam Street, and extending northerly across Milam Street 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. September a.3 , 1955 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 30, 1955. It provided that this company should file written ac- ceptance of such ordinance within thirty (30) days from its final passage. The ordinance further provided that this com- pany 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 30, 1955. Herewith you will find check in favor of the City of Beau- mont.to cover the $50.00 payment provided in such ordinance. S #2 Upon the copy of this letter enclosed, we will thank you to acknowledge the filing of this acceptance and the receipt of the $50.00 enclosed here. Sincerely, THE KANSAS CITY SOUTHERN RAILWAY COMPANY BY Ass an o the President.