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HomeMy WebLinkAboutORD 91-A-1Aid ORDINANCE j_ RECOGNIZING THE BEAUMONT GAS COMPANY AS THE PRESENT OWNER OF AND CONFIRMING IN IT THE RIGHT OF THE FRANCHISE HERETOFOP111 GRANTED TO H.. W. POTTER, FRANK W. BLACKBURN, E. V. HAYDEN, JO JOHNSON AND WILLIAM BLAIR BY ORDINANCE APPROIP_� DECEMIM 11th, 1901, WHICH ORDINANCE GRANT- ED TO SAID PARTIES, THEIR HEIRS AND ASSIGNS, THE RIGHT TO LAY, CONSTRUCT MTD MkINTAIN GAS AND OIL 21AINS, LATERALS AND SERVICE PIPES OVER AND THROUGH THE STREETS, ALLEYS AND PUBLIC GROUNDS OF THE CITY OF BEAUMONT, ^� AND TO FURTHER ERECT AND- MAINTAIN GAS WORKS AIM MUTUFACURE AND SELL- - - GAS AITD SO ON, AS FULLY SET OUT IN SAID ORDINANCE; SUBJECT, HOWEVER. TO THE CONDITIONS OF SAID FRANCHISE AS HERETOFORE GRANTED. i 'Whereas, the Beaumont Gas Company has presented its petition, showing transfers vesting in it title to the gas and oil pipe line fran- chise heretofore granted, , a copy of which said petition and transfers attached are set forth hereinafter and marked "Exhibit A,n And Whereas, from said petition and transfers exhibited to the City Council, it appears that the Beaumont Gas Company is the pres- ent owner of said franchise; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAMTONT, T.. US - - - - - -- Section 1.- That the franchise heretofore granted by the City of Beaumont by ordinance approved December 11th, 1901, granting to Harry W. Potter, Frank W.'Blackburn, E. V. Hayden, William Blair and Jo Johnson, their heirs and assigns, it ageing a franchise over the streets, alleys and public grounds of the City of Beaumont, for the purpose of laying, constructing and maintaining gas mains, oil mains, laterals and service pipes for the erection and maintenance of gas works, in- cluding all appurtenances, and for the manufacture and sale of gas, and for the sale of natural gas and oil,.be and the same is hereby recog- nized as belonging to the Beaumont Gas Company in accordance with trans- fers._this day exhibited, and the same is hereby confirmed in it, subject, however, to all of the conditions, obligati ons and duties set forth and fully defined in said ordinance. Section 2.-- Thai this o-rdinanca s110 Yom" M Section 1.- That the franchise heretofore granted by the City of Beaumont by ordinance approved December 11th, 1901, granting to Harry W. Potter, Frank W. Blackburn, E. V. Hayden, William Blair and Jo Johnson, their heirs and assigns, it ageing a franchise over the streets, alleys and public grounds of the City of Beaumont, for the purpose of laying, constructing and maintaining gas mains, oil mains, laterals and service pipes for the. erection and maintenance of gas works, in- cluding all appurtenances, and for the manufacture and sale of gas, and for the sale of natural gas and oil,,be and the same is hereby recog- nized as belonging to the Beaumont Gas Company in accordance with trans- fers, this day _ exhibited, and -the same is hereby confirmed in it, subject, _ however, to all of the conditions, obligations and duties set forth and fully defined in said ordinance. Section 2.-- That this ordinance shall be and the same is hereby passed without prejudice to the rights, if any, of third parties. Section 3.- That this ordinance be in full force and --.effect from and after its passage. a y M J 17 ell THE S T AE' OF TID(AS COUIVY 07 J,,H +_-a�SON) TO 1101 I O1 LVOU� sl 3"AYC;R ruvT') `1'17 Y COil? C ?L �'. M.111 C T `i'Y Oi; BF � AU IMTIT.' ; - T3ea.ur110111; C1'c`65 Como-,rVI j petitioner herein, respectfialy rop- resc;nto tanto the Honorable city Council of the City of Bepoirriont that it hp,, ptzi•c;h .sea From Harry 'v. Po•ttc';,: , :jIr a.iik J. J'31,ackbuxn s:;.nd YI. V. HRy- den, ;:he franchise -ranted. 'by dour Iionor:�.b_l_e Body by ordinance., approv- ed Decftmmber 11th) 19019 fr.a.nchi oe being; far the purpose of layinC and constructin n over unci thro��h the street s, alleys and public grounds of [,he City or' Beaumont j;a;; „rid. oil mains, 1,,,terals, etc•t and .,a s work: , a,4� fully set, forth in said cr d5.nax!; r . 'a -at pr for to rh.(i conveyance to conpmy by 4,"T -Le said Pett.or,sl_ackburr_� �md Haydn, the two other pz-4,rl- es to whol-ti ,:, d l,hS i:j"„cJ',:1Ii F;d, t0'tiY:�.t� Willion Blair c..i :�i U �7 �T Ghn Fi a7ilp Ilc`�,�� ed -arid acssignod their riE�its in the sf),id Franchire to tht: sz--)Ad potte t Blackburn Lnd Hayden; that copies are hereto attached of oth '-,he; f er of -3,l_a`cr and Tohnftor! o the sa .td. Potto.r 1 T31- 4 okburn and llayden , and of -tyh rod-! ! 1L 1 a ;ter to th.ts ComT)ary and prnvel—' i;o be. conF!Adprcd a part heroof . `!iha,t by said tr -mss F'ex•s �.11 e ti -1-11c, r i f ".his company t o :i.t �5, : r,Gr�— chile 4.s ma, -!e coripl_ete, -,r._ thJ_o comp,-:.ny hr,.; aoceptnd the it upon i;h:� condition that it :ia +Io „n for , 1. tIi r,, vs o� inion tllc� in ,i ,.1 fr€,ric17i ;n, �ml it here"hZr if rr F� j c,. . offors ",' - :rs t o T) f m ,wwm �i n '•i tions . 7,717,—I ._ - - lig ,i•Cil 1 �%.. t �. 4 . Qn(: �' �Je'�•,;r iI, i �i 1 y .oat. :�iono'r �.l�le r;o,7- pa:s;3,ni-si.117 :_+ T1t(: o,. nnr o -F1�G�. �:.11�i :rn:F1.r'Ir1.�;it '1 Y1 ~,f^ilf' �)("3li:L'`:1021fi�'y �'i::" ,;,1_l ^.1`• �;;':•Z.'.:"�1 __', F:�i�71�:C;J;ri�.�_l_y % prys. i, OM of the tr=sf er from the latter to this company and pr�ued to he considered a nart hereof,, That by said tr.attsPers the title of this co-rzpany to said fr�,n- Chian i.s made complete, and this comprny hpx accepted, the tr,-,nsfer to :it upon the condition that :it is ,to -ne;rform -1_1 the. duties, obl:igzati on,, and condi tions imposed upon the rrrantr;es, :in said fruncal? e, it herel)y a£;2 -P,5, anui offers to perforii such duties, oblintions and condi.- tions, rI,'zt ?L ORR,, 'your petitioner j)ri,y:� • br J, Voir honorable. Body ordi.npnce recoEni.zina it zry the owner o-" ,aid franchise, subject t ;iii"" _ find and confirmed 3n your petitioner, for .1Z of ti5rhich it r6 spectfully prays, / h Attorneys for Petitioner, THE STAB OF TEXAS COUNTY OF J EF -P R SON KNOW MZ PMT BY U13M PRESMS: 1'iLat ��e, .F,. V. Rayden, Fr,>>nk W. Blackburn and 11a.rry W. Potter, for and in consideratign of `Cern Dollars ($10.00)"and other val.ixable considerations to us in hand paid by the Beaumont Gas Company, a corpo- ra tio arpo• ratio organ.iz,,: d under the laws of the- State of Texas, and having its .principal office at Beaumont) Texas, have asoigne , grantef, sold, set over and conveyed, ancl. by these presents do hereby grant, bargain, sell, assign, set over and convey unto the said Beaumont Gats. Company, ail of our right, title, claire ani. interest in and to that r taln gas and oil pipe line frva-ichiss grentpd by the City of Beaumont to Harry 71. Potter, Frank W. Blackburn, E. V. Hayden, Williar_- Blair. and Jo Johhson on the I/lk- day of December, 1901, and to any an,:1 ate extensions, ariendments and ratifications to said franchise grant, th^ said grant being a franchise over the streets,, alleys and public grountts of the City of Beaumont for the purpose of laying, constructing and mUn- ta:'+ning gas =- ns, oil mains and�jjw_!t-� pipes, --for the erection and rgatp. tenence of gate works, including all appurtenances; for the manufacture and sale of gad and f or the sale of natural gas and oil: ar ful ly set out in tho ordinance granting said franchise and all amendments thereto, which are hereby referred to for better identification, understanding and description of the same, and which are made a part hereof as fully as thouei copied heroin. TO HAVN AM TO HOLD said rights, (ranch Ise and properties unto it., the said Beaumont Gas Company, its suo'cessors and assigns forever. It is imderstood., however, that the said Beaumont Gas Company shall a.s;.;ume and it dose hereby assume, by the acceptance of this in- strUnent, all the obligations, duties and conditions imposed upon it by the grant of said franohise, and in accepting this conveyance the said Beaumont Gas CompaxW agrees to undertake to perform all the duties, tenexice of gas works, includ AND TO HUED o nd sale of gas. and f or the sale of na.tura.l gas and oil., ar fully set out in the: ordinance granting said franchise and all amendments theroto,_ which are hereby referred to for better identification, understanding and descri ptim of the same, and Which are made a part hereof as fW.1y as thoumh copied herein. TO HAVE AND TO HUED said rights, franchise and properties unto it., the said Beaumon i. Gas Canparty, its suQee ssors and assigns forever. It is understood, however, that the said Beaumont Cas Company shall asistLme and it does hereby a.sstms9 by the acceptance of this :i.n— st;rtment., all the obligations, duties and conditions imposed upon it by the �,ran.t of said franchise, and in accept3.ng this conveyance the said Beaumont Gas Company agrees to undertake to perform all the duties, conditions and obligations set: forth in the ordtinance gra.ntinC said franchise. IN TFSTIhTONY TMIMEOF witness our signatures this the day. oa August, A. D. 1902. ­4�6..Pl_qw ri-19, STAZE OF Z-EMAIS COUMI'My Oil IMPTIlill"I":5101T -1 " 17 , / 9 e� n of 0 01 One,, ft Notaviy public I n , -d anaq j eff ornon Count exa 'Y ilhr4V L!" dipv per• ion,nlly c., V,'' Hayden, -,�;vl_ Fh�^.rry If"'I(J"ma to �:I, to be, tiLe porpon.cs %Ihore ripmos, oxe., an%incribe.d totr ms 4; A- =cl t1qsy 'lip 1. 14 t1lan plxrm�cms and, oonrAderal'..'.on t1i.c—hol"ti. c,,orod, Oi-ven midnr vu and 11ol, oT-fico, thcs c1c,ty el AV,Ovult, A. T). 3,902i, I pubi - TPM777 i � " 14 V ITT f ri-On 0(,)Imtys, - 0 x. ro,,. a#, One '130aumont C -am compar,�v '9,00apt'l the, ftip' ogo-, o0rivo'.-ranae Upon ',Ilp 4, , .,wml ,-- - -W.y -ed Ifi t -mct coni Aons named horein,, bo' aWhortz thorounto by roboliation of 'Ito 5-30ard of Direotorao -W , Vill. 1, 111; wre-Wpr, thts. 5--ld Boamont cma cor4nany han Oavaqd �Flwbf {7 1we-7OTlt,3 t\} bo axes iaZod by Ito preaidarit md attooted by Us So" retary thlo the dlov Avgixsija A. D, At t e ft BRKUMNT GAS COPTAL-YO OP -votvxy B of or a aie BEP, lin 73- 1 av porpg3pn, .1,v appow-ed -and for s cm;Lniv ident of tlh4 Boamont Ga. -3 C orqTx;A_kYj and -Sccrotcwy Of said compagy"'t both lmovm .0, me tp bO the TgV5n; IW�F� nmims P..ro mibscribod to the foirogolnj; inpil"rill"'i" nn w4+ .6u,av 4.^ W_ At-- A.I.— ____ T'no 13F."attmorit cm'ns compn"nyw rets -00-0 (') 4' .4 g oorlvt%vanoo upon ,he tt;rmn,, tca;-i condlt,' onz mmect thoroin., belixg, ditly wil-iorl.-md thpreuntq by robolut'icm off;' -Lto :Boan-At of Tm3^coiror-.3, 0-Tel]MITY" WMMMOF # th EO(l B(-atnon-t C -As Company hail cau;;P-3 tP bO. Oxt,3'011 tOd b.v JAB Par-Onidelit, and ctittooted by itcs Soo— :p A mc, ; - I I ."; " I A. D,, 19M 1; ar th 1. --3 tlt e, 0 BEWUMONT. GAS COI- fft C-Qllml—v--OF MIMI,, If B r e n,,4 t .. . a and '1 -or xalld. colmt,v "Illd T71no -Mpirwm, -.12ir appowred Pr c,,, Z i d on t e t< acs Beaumont qnn (1,orqx; arld 4 '130crotaxy ol, omid Com1wiyt both Ilmeown -1", 9) rae. to mm. os wro miliscribod to th� f Oogolng ment"*"'Omd t.c. Mo. th"v". th("Y. ezecJutod the "'�Mo for "ho. purpbive'z ozdl. oormid. erat. I on tlmeralri and re.:11 tho t,.cl; aw doe d of say d oompamyo (Iri-tvvIln undcw vv -'rm-nd and mal Df Offlop, thi-O tho day 9T Aiae;mt A. D, 1902 '7073-nT 7117"ITU TF n-7'ct 513"` 0 y STATE; OE' ,ARKMSAS.i. COUIrLY Or, ,xt' F'�ASTIA'9. 9� Know all ran by those presents, that for anc3 in oon,,Aderation of ttze sum of one dollar, ($1.00) to us in hand paid by Frank Black- burn' 6f Beaumont, ��nc? for Other good and v i1_ua1r1 e cons idera- tions, 'tivf�o elm, Blair. and Jo Johnson, of Ft, Smith, Arkansas, h,,v�re ,rant,- ed, ba.reoine t and sold, and do hereby grant, ba.. -,Fain uid sell unto Frank 77. Blackburn, his heirs, e.--�:ecutors, administrators and assigns, our title and in-{,erest in and to the gas RnJ oil_ pipe line frRnchise of said c9_ty of Beaumont :fin the State of Texas, -r .nted to Harry Potter, E. V. Haydon, Frank W. Blackburn, William Bl,ai.r and Jo Johnson during, . the rnon�:.h 2f December, 1901., to have and. to hold the same to the: exc3_ur sive, use and benefit, of the said F. 'W. 31<�ckhurn, hi. s hairs, execu- - tore aLLministrators and af3si.gns forever. Given imder spur hands at Ft. Smith, Arkansas, th; s Fabrtla,ry 1902,; -- -- - - - ( Signed.) Wrr. Blair. - - ( Sign . Jo Johnson.. STATE 0 t+' ARKANSAS. COUNTY 01_� SIMASTIAN. Be it remembered that on this Rehrtia,ry 10th, 1.9029 the undor-► signed P. A. Beal, a Notary Public commissioned and aoting within and for the county and >3ta.te, Wn, . Blair and LTo. tTohnson to me personally well known as the persons �,&o executed the foregoing tnstrumont, acknowledged that they had executed the a -me for the considerations and purposes th6ro in stated, Given under my hand as such Notary Pub- lic, this -Ti ebriiary 10th, 1.9024 ( Signed) P. A. Ball9 - Notary Public, aY comi sol on ex-pi.res January 1, 3-90-15M, (Sign . Jo Johnson.., STATE C& APS NSAS. COUNTY 02 SEMASTIAN. 3,e It remembe.red that on thit, February 10th, 19029 the undor- sign_ed Po A. x3ta1, a Notary Public conmissioned and actinL within an(l for the county and :tate, 7 -Tri. -Blair and To. �Tohnson to me personally well kiiown as the persons who executed the foreeo?ng nstrument, 1 A - r. acknowledged that they had exr�cu�.ea. the ,�u�se for the considerations and, purposes therein staged. Given under my hand as such Notary Rib- lic, this rebrixary 10th$ 19020 (Signed) P. A. Ball 9 Not,ga* Public � T�y comi,,3M.on expires January 1, 7.g05.