HomeMy WebLinkAboutORD 38-A-2B1 IT ORDAIM BY THE CITTA' COUNCIL OF THE CITY OF
BEAU ,1011T .
0
SECTION I.
That the Beaumont i'rater Company, its suets ;cors and assigns
are hereby gr4nted the right and franchise to lay, constructand main-
tain water mains. and pipes, and the necessary connections therewith,
in,, along, th-roug';. and under the. streets of Beaumont and to erect
within the City limits all necessary stand pipes and reservoirs for
storage water; and toy erect and maintain_ Kl pumps, pumping st�-
tions, filtering plane, hydrants and other appliances required for
the - proper conduct and carrying. on of the business of furnishing and
supplyirg water to the public and the inhabitants of the City of
Beaumont, Texas,
SECTIO'7S II.
The Beaumont ?Vater Company, its successors and assigns, are
I hereby required to furnish the water as aforesaid either from the
stream known as Tillage ;reek, a fresh water stream tirbutary to the
T,eches River in Hardin County, Texas,•'or from the Neches Fiver from
a point above tie vity of Beaumont, Texas, at or near the cabal known
as the Reliance Canal on said Neches "Liver; or from some other pomnt
on said River further up the same; or from artesian wells to be sunk
for the purpose of obtaining pure fresh water, as may be determinod
by the owners of said franchise; and for the purpose of taking and
suppllring said writer, the owners of this franchise are permitted to
establish their pumping station and such other. -parts of the water
plant as may be required, at a point in the City. of Be,_umont at `!or
near the. Reliance mill plant; or such other convenient lace as nia3T
be required, from time to time, fo said purl;ases: provided that the
source of water supbxy shall never_ oacated at a point on the River
s.7l�U11V1'J 1.
That the :Beaumont eater Company, its succossors and assigns
are hereby grAnted the right and franchise to lair, constructand main-
tain water maina and pipes, and Ithe. necessary co:cuie.ctions therewith,
in, along, throu�?< and ander the-treets of Beaumont and to erect
within the City limits all necessary stand pipes and reservoirs for
storage water; and to erect and maint-,in. x;11 pumps, pumping sta-
tions., filtering plant, hydrants and other appliances required for
the -proper conduct and carrying on of the business of furnishing and
surplyir'g wator to the public and the inhabitants of the City of
:Beaumont, Texas.
SECTIO-�S II.
The Beaumont 'Nater Company, its successors and assigns, are
hereby required to furnish the water as aforesaid either from the
stream known as Village Creek, a fresh water stream tirbutary to the
.Ieches River in Ilardin County, Texas,' -or from the Neches 'River from
a point above the City of Beaumont, Texas, at or near the cabal known
as the Reliance Canal on said Neches Piver; or from some other point
on said River further up the same; or from artesian wells to be sunk
for the purpose of obtaining pure fresh water, as may be determined
by the owners of said franchise; and for the purpose of taking, and
supplying said water, the owners of this franchise are. permitted to
establish their pumping station and such other -parts of the water
plant as m4y be required, at a point in the City. of Beaumont at or
near the 'Reliance Mill plant; or such other convenient place as may
be required, from, time to time, If said parpases: provided that the
source of water supply shall never oacated at a point on the River
below the Re421hce Canal.
1011 I011111 I II.
Said company, its successors and assigns, in the laying and
constructing of their mixx mains, pipes, pumps, pumping stations,
connection's, Hydrants, etc., spall not in any manner interfere with
or in4ure the pipes., mains, stand pipes,. pumps or pumping stations
of the water works known as the old, or orignial, system belonging
to the City of Beaumont; and shall lay their pipes and mains and
all parts of the water system that may be constructed in -the streets
and alleys of the City of Beaumo-nt in a workmanlike manner in accord-
ance with ordinances of the City of Beaumont and under the direction,
of its Street and Bridge Committee; provided that this shall not affect
or othlerwiso disturb that portion of the system that has heretofore
been constructed under existing or former franchises, rules or ordi-
nances.
SECTION IV.
This company, its successors and assigns owning this fran-
chise shall have the right to connect their mains and pipes with any
house within this City when contracted .with to do so; and shall have
the right to collect such rates as cohapei,,satian for water furnished
patrons within this
City as may be
agreed upon
between them and their
patrons,, subject to
the limitations
prescribed
in Section VI hereof.
43��xx�dx�r�a�kx��t�xx��mp�xi� ,
ECT I07T V.
The said Beaumont Water Company, its successors and assigns
as owner of this franchise shall have the right to establish and
maintain within the Gity of Beaumont, natatoriums, bathing pools and
public bgths under such rules and regulations as the City of Beaumont
may provide by ordinance.
SH CTIOr1 VI.
.During the life of this franchise, the rate charged by said
coff,pany, its successors and assigns for water to private consumers
shall not exceed fifteen cents (15$) per thousand gallons where meters
are used; and where meters are not installed and usedfFitflat Cates
/' /,�—
shall be charged not exceeding the following, to;vvit. x rate, set
out in Schedule "A" hereto attached aud made a part hereof.
A -
SCHEDULE "A"'. NO
T?Ates for Dwellings.
Uharg e
per
Quarter.
One plain bib only, for privaEe residence, family
of five or less, -------=------------------- 2 -OU
-- D.itto---family over five,- ------. ----------------------- 2.25
--If used for family ad ------------------------ .25
One water closet; when there are not other fixtures---- 2.00
One bath tub,. when there are no other fixtures ----.-----
0 ne
ixtures----------One kitchen `ink", " rf --------
it sash ba' ' n` --------
One N, 0 with one sink or with one wash basin or
with one plain bib,7 ------------------------------------
One bath tui with -any one the above,_______________
For each addit ionl°�iC-----___________________-___-_
' ink ---------------------------------
„ rr
,r Wash Basin --------------------------
T1------- -----------
T► ,r ►r Plain bib,_------------------------�---
,r if Bath tub ------------------------------
Sprinkling Lawns etc.
2,50
2,00
2,00
2.50
3.,00
.50
2a
.25
.25
.'75
When two or more fixtures 4.re used, no charge for watering
flowers by hand without hose.
Lawn sprinklers, and koidxx hose not held in hand when in use
will be charged at fountain rates,
Fountain rates ----Speciale'
S ri�lkling permitted only from 6 A. 1, to 10 M. and
/atom,
5 .to 9 -', 14i. , and prohibited after alarm of fire until fire is
out.
Sprinkling rates,
- _.----- ^' -- -----------
Lawns under. 1000 sq, f t . , �'�"'' � �-�------- 50.
One
plain bib only, for privaf e residence, family
of five or less,---------------------------�P
2.OU
Ditto ---family .over five,- -------.-----------------------
2.25
1000 ”
--If used for farnil ad -=--------------- -----
.25
One
water closet; when there are not other fixtures----
2.00
One
bath tub,. when there are no other fixtures----------
2.50
One
kitchen 'inkf'--------
2.00
„
wash ba...n �� �*- �' ,' �" -"----------
2,00
One
Nl Vow th one sink or with one wash basin or
is over $4,00 a
------------------------------------
with one pain bib,.,
2.50
One
bath tub, with -airy one pf the above,---------------
3.00
al
For
each addit ion C ------------.---------------------
,50
°Sink,--------------. ----------------
,25
TV
rr
„ 71ash Basin,-------------------------
.25
f)
„ Plain bib,_---------------------------
.25
f'
It•• Bath tub,----------------------------
.75
Sprinkling Lawns etc.
"hen two or more fixtures @re used, no charge for watering
flowers by -land without hose.
Lawn sprinklers, aid hxidxx hose not held ih hand when in use
will be charged at fountain rates.
Fountain rat es-----3pecial, ^
S ri.1ling permitted only from 6 A. I4, to 10 11. M. and
5�to 9 ?�, 1,2, , and prohibited after alarm of fire until fire is
out.
Sprinkling rates.
Lawns under. 1000 sq,
f t„---------
_--------------------
. 50
1000 ”
" to 2000 sq.
f t .------------
------ .75
200
" 3000 It
It ,----------------
-1.00
44000 f'
5000
----------------1.25
5000
6000
----------------1.50
Where quarterly bill
is over $4,00 a
reduct ion of
50%Q
on above charge for
sprinkling will
be made.
a_N 0,
Private Stables.
Dne horse, including hydrant for carriage,
Y ,50
Two horses " "
.75
each additional horse,----------------------------------
.25
each,-------------
25
Where there is no hose connection about,the
premises .
tachhorse,-----------------_.______------------._.__
_-__-____-- .25
Eachtory,-------------------------- -------------------
.25
Boardirg Housed /2'910,
.;,nd --Partment,.$ = _
First plaiia bib or sirLk---------
-I' OCA
For eac'rh boarder or lodger,---------------------------------
.u5
One math tub, there no other fixtures
in she house2.50
math tubs each; with other fixtures ,--------------------1.50
nater Closets each" ,--------------.------
1.00
.'lash basin each
self closing --do--- ------------------
.50
Nash basic each
not self closing --do -----------------------
.75
Urinals --do-- ---------------------
1.25
Laundr7 tub.' --do -- -------------------
5U
No charge for hot water,
'-i 0 T -'_' L
S.
Each boarder or edger,---- -_______ _ -___-_--_--____-- .25
Plain bib or sink 2.00
Bath tubs, attached to private rooms,----------------- ,75
Bath tubs—others ----------------------------------- 3,00
Water closbts eacu, attached to pr. ivatexxrooms---- ,.50
"later Closets
----others------------------------------- 2.50
Wash basins ii -i or attached tocGivd e roons ---
25
-------do--__ __ ,
lot self closirg
------------ --- .50
Tach .25
Eachcow,-------------------------- -�----------------- ,25
!;o and i iE Hous e$ -_/_Q�
land - 1�artmerit�-- _ ----
First plain bib or silk, --------------------------------2.00
.,,or each boarder or lodger,------------------------------ .25
One math tub, there being no other fixtures in the house2.50
Bath tubs each; with other fixtures ,--------------------1.50
'eater Closets each, ,f ,-------------1------ 1.00
','dash basin e4ch
self closing --do--- ----------- ---- --- .50
Mash basic each
not self closing --do ---------------------- .75
Urinals --coo-- -------------------- 1.25
Laundry tube --do -- ------------------- - .50
No charge for hot water.
H0 1'_'; L S.
Each boarder or Udge-r,------------ ---__ ------------- .25
"'lair. bib or sink 2.00
Bath tubs, attached to private rooms,----------------- .75
Bath tubs --others------------------------------------ 3.00
;Nater closbts each, attached to pr ivatexxrooms------ ,.50
"later Closets
----others-------------------- ------------------------------- 2.50
;dash basins ii-, or attached t o�3 iva e roons --- .25
Tot self closing------------� --- .50
-- ----do--- others- 5'elf
do not self closing,---'! --------- 1.00
Urirma,ls .in or attached to private rooms,- ----------- . ,50
-do- others 2.50
Laundries ------ Special or meter
1'o charge for 'not water.
Frontage
JnllSire ss Buildings. AG, Z-1•
.tore:
0 11e.
Inside
:;unnccton
Under
25r
3,00
)
251 to
501
3.50
50' to
751
4,00
751 to
1001
4.25
'as
;tones
0 In
out; ide
Oo
line ction. ,p
x.00
50
,'75
nddlt 10L1a1 bibs each, ----- - - -- _---__.---.--__.-- -_-- .75
:'!ager closets,-
5 employes or lest,-------=----------3,�OX
each addit io ral five---- ------ .50
Urinals ;
ween
other fixtures are used,
-rive
en,ployes or
Less,-------------------- .00
D R U
G 3 '1, 0 P, 7 S
'yr'ater Closets
and TJrinUls,-------_---_____._----_--3���e
'as
;tones
'lodca Fou Lin
-end Sinks,
---_ __._..___.,_-_--------._-
'Dpecial
or P,?eter
T? 1 LJ
7 T? S Tr 7
B 7L Is
7ager Closets
and Urir-,ls,-----_--_--_--____----.
Same as
Stores.
paths; wash basins water
motors etc, ,------ ----
Dpecial
or Deter
Fountains
S--,ecial
or meter
Factories
Laundries
2�
,S -&.lo 01 ns
0
�'estaurants
r.
Club mouses
Livery Stab, les
t,
Green ;Louses
x
r�
I.,
TJnder 251 0.00 ) 3.00
251 to 501 3.5U ) 3.50
1
'0' to 7F, 4.0-D
17,07, to 1001 4 5 75
,,ddlt ional bibs
'.'layer closets, -
5 employes or less,-------=----------3.�Ox
each additio r1--1 five------ --_-__ .50
TJri3,als ;
when ot'ier fixtures are used,
-five employes or less,-----_____-----_____- .00
rIIUG IS RL]S
1 L J 1.1
1'.' 1. ry 1 T 7
siauer Closet- arc uriruls,--____.____________ �clx e as Stores
god - Fou _t«in End S;inIl s,------ _____._,._-------._- 51�ecia] or �,�eter
J iiJ r ii 0 i'
7ater Closets and Urin:=T1s,------------------------�-- Same as Stores.
aths; wash basins eater motors etc. ,------------ Special or Meter 1
�d
I'ountnins _ �. S-,ecial or meter
Factories
I/
Lau7,CIL .'S
-,s
Salo 0, ns i
--estaurants
club mouses r►
Livery &a] les l�
Green I`ous-es
Bub 1ic L at?1s
Other buildings not heretofore or hereafter spe- k
cif -ed,
Ol+.i ICL BUILpIT7GS.
Office conta ining 10 employes, or le::s, having only
one outside connect ion, -----------__ _._._-----.___._-- 3,00
o T
in
All fixtures for use of -building tenants, Same as hotels.
S-peical Fixtures in Office, am a as in store ,
Charge for shutting off turning on :Dater,-----________ _50
A
Minimum charge where meters are used,--- ------------------ 2.25
"'he
r.&ever flats rates are charged, and comsulner is dis-
satisfied, he shall have the -right to put in a metr, r,
at his own expense, and take meter rates., and if the water'
co11ipany is dins atisfied 1,117it1-11" flat rates it shall have the
right to put in a meter at its own expense, and charge
meter rates,
tr char foYilf
ul ��eg c or waste of :crate
Ursa s ui e provided i��ith self closing faucets, and
all closets must havo tLaiikr, with self cl,,�sirg cocks.
Each -residence, store or other building using w" -ter must
have independent shut off cock , controlling' sane without
affecting supply to other builaings.
" CTIOLi
7 Via..
That the mains are to be extended from tiihe to time
into ne% terr6to-ry, as directed by the City Council; provided that
the City may be required to pay for one hydrant in every seven
hundred feet of extensions made under the direction of the City
Council.and provided that the total extensions so directed shall
not exceed the sura of Five 'Thousand Dollars for any orie year after
the first year from passaue hereof.
SECTION' VII.
The °eau�"Iqont ;'later Company, its successors and assigns
sh.J1. mai stain a domestic pressure of not less than forty-five
rounda and a fire pfessure of mt less than sixty pounds to the
;iiert�ever 1 Lai; rabetS are ciiargea, _nci coHn::uner 1.5' ult3
satisfied, he shall have the .riglit to put in a meter,
at his own expense, and take meter rates, and if the water
compan:; is dins atisfied -Flat rates it shall have the
right to put in C& meter at its own expense, and charge
meter rates.
lil
ri charge for iilful ��og c or ,caste of a
tlr�ma s �t� .t be provided �F��ith self closing faucets, and
all closets iiiust have tai-uhs with self cl;-:sirg cocks.
Each reeidence, store or other building using V -"iter 'must
have independent chut off cock,controlliz,g` wine without
affecting supply to other buildings.
'171ICTI1CI VIa,.
That the mains are to be extended from ti;-ne to time
into new territory, as directed by the City Council; provided that
the City may be required to pay for one },ydrant in every seven
hundred feet of extensions made under the direction of the City
Council and provided thG..t the total extensions so directed shall
not exceed the sum of five Thousand DollUxs• for any o,le year after
the first year from passage hereof.
SECTION VII,.
The-eaw-gont '.dater Company, its successors and. assigns
shal]. maiitain a domestic pressure of not less than forty -fine
pounds and a fire pressure of wt less than sixty pounds to the
square inch, to be tested by the City at the Centt•al Fire Station,
unavoidablg accidents only excepted; and shall furnish an ample
c.
supply of Mood and w]hol,pome drinking ;rater; and the CitJ shall
have the right at ,ill times, throup-h its- accredited Gents , to
inspect and analyze the water furnished to ascertain whether or
not it Is114
—Lolesome for drinking purposes.
A
2
SICTIC; ;+III.
Said comrany, its successors and' assigns shall during
the life of this franchise, furnish to she City of Beaumont, free
f ire
of Cost , one hundred free rlyd-rants, water for six driiu.ing foun-
tain.s for the public) and free vrater for the City Iiall and the public
sbhool buildings, in the City of Deaumont, and for flushing sewers;
also for "olice Station & City Stable; provided that the City shall
ray for all hydra--nts over and above the one hundred free hydrants
c.t the rate of Dorty five Dollars ($45,00) per annum per hydrant,
for the first additional two hundred fifty; and at the rate of forty
dollars ($40.00) per annum per hydrant for the next additional
two hua�dred hydrants; and at the rate of Thirty Dollars ($30.00)
per annum per hydrant for all hydrants over and auove said numbers;
prowide�t further that the City shall, from time to time designate
free
all said city hydrants,- both the said one hundredAhydrants and thoFo
to be paid for by the CitIr; and*--.rovided further, teat Lhe raid one
hundrea froe hydrants be the full and entire number. of free
hydrants required of the Deawnont"tater Compayq, its successors and
assigns, either under franchises held by it or by reason of the lease
kiiown as Lhe Thomas cc CliormaA, lease how held by it;
Provided, thc.t ti hydrants shall be E itl, base; hydrants
to be xixx ra,Y four or six way(one of which shall be a s;,ea;r,er con-
nect iou) and shall be placed in the business district Piot more than
'50 ft, apart there designated by the City Council; provided, that
all other hydrants herein referred to shall be fire hydrants with
not less than four in. base and shall have one steamer connection
and two 2-1/2 in, hose connectio
Trov ided that the free flushing sha,1 not Pxceed more than
an average of 14 hours per week or two hours -Per day^wit 2 1�
in. hose; and all water over that for flushing purposes shall be
-paid for at the rate of 5: ner thousand �r�11anL _
..
sbhool baildings, in the ;ity o,f Beaumont, and for flushing sewers;
also for 7olice Station & City Stable; provided that the City shall
ray for Call hydr.:nts over and above the one hundred free hydrants
Et the rate of Forty five Dollars ($45.00)" per annum per hydrant,
for the first additional two hundred fifty; and at the rate of forty
dollars ($40.00) per annum per hydrant for the next additional
two hundred hydrants; and. at thw rate of Thirty Dollars ($30.00)
per annum per hydrant for all hydrants over and aUove said numbers;
provide) fur-ther that the City shall, from time to time designate
free
all said city hydrants,- both the said one hundred Ahydrants and those
to be paid for by the City; and rovided further, that the one
hundred free hydrants shall be the full and entire number of free
hydrants required of the Feawnont''later Compayly, its successors and
assigns, either under franchises held by it or by reason of the lease
ki-iown as -she 'Thomas cc GormV. lease hov,T held by it;
Provided, that �, hydrants shall be 6 iii, base; hydrants
to beixxway four or six way(one of which shell be Ca steamer con-
nect ion) and shall be placed in the business district not more than
,o50 ft, apart aheve designated by the City Council; provided, that
all other hydrants herein referred to shall be fire hydrants with
not less than four iu, base and shall have one steamer connection
and two 2-1/2. in. hose conrectio
Trov ided that the free f Tushing sha 1 not exceed more than
an average of 14 hours per vreek or tvro hours per day^wit 1/d
in, hose; and all water over that for flushing purposes shall be
paid for at the rate of 5, per thousand gallons.
SEC Ci. x..
Should the _beau Tont '�y'atcr Cornpany, its successorsand assigns
decide to excliiCively control the tapping of its mains,, charges
therefor shall be regulated by the. City Cou-ncil .
See1coIn 1
The main or pipe connecting the river with the pumping plant
shall be at lea024 in, in diameter, or the equivalent thereof and'
the pumping machinery and boilers and suet ? on pines shall be in dzzpli-
cat e;.
The pain from the Lumping station to the center .of distri-
bution shall be 24 in. -in diameter or the equivalent thereof; and
the mains hereafter constructed in the busines^ portion of the City
of Beaumont shall. be at least 10" in diameter -nd these hereafter
constructed in the residence section of the City shall be at least
o in, in diameter, except where the ;Rains are to be used exclusively
for domestic purposes.
The terms and obligations of the existing lease known as
the lease from the City to Thomas Q Gorman now held through assign-
ments by the Beaumont "Fater Company, shall continue in force except
as herein modified or where the same coi,flicts or is inconsistent
with the provisions hereof; the following exceptions being especially
named, to -wit:
lst;- The number of free hydrants, as provided herein-
before, to be furnis'ied by the TeLzu-dont Water Com -any, its successors
and assigns during the life of this franchise,. shall be one hundred
i_lzstead of
sixty;
and
the city
shall 'pay
for
the next
two,
hundred
and fifty
at the
rate
of $45,00
per annum
per
hydrant,
for
the next
two hundred, at the rate of x'40400 per annum per hydrant;, and for
all over this, at the rate of th ir�y- dollars per «nnum rE;r hydrant;
11 city hydrants to be dbsign� ted by the City from tine to time;
it being uncle, -stood that the said one hundred free fire hydrants
Chan be the total dumber of free ilydr,-_.nts regaired of the raid
company, its successors and assigns, both under said lease -and the
franchises held.
but ion shall be 24 in, in diameter or the e caivalent thereof; and
the mains hereafter constructed in the business port_L of the City.
of Beaumont shall be at least 10" in diameter 1-r_d tai -se hereafter
constructed in the residence section of -the City shall be at least
o in, in diameter, except where the mains are to be used oxclusivelIT
for domestic purposes.
;n TT
The terms and obligwt io71c of the existing lease known as
the lease from the City to Thomas P Gorman now held through assign-
ments by the -Beaumont ''later Company, shall coiitisiue in force except
as herein modified or where the same coi,flicts or is inconsistent
v,irith the provisions hereof; the following except io is being especially
named, to -grit
lst;- The number of free hydrants, as provided herein-
before, to be furnished by the ieaumont Water Com; any, its successors
and assigns durigg the life of this franchise,. shall be one hundred
i_11stead of sixty; and the city shall 'pay for the next two hundred
and fifty at the rate of $45.00 per annum per hydrant; for the next
two hundred, at the rate of $40:00 per annum per hydrant;, and for
all over this, at the rate of th ir�y dollars per annum per hydrant;
all city hydrants to be d6signated by the City from time to time
it bei c- "Undo rStood thut the said one hundred free fire hydrants
shall be the total number of free hydi-E_ is required of thF 5:�ai_d
cormpany, its successors and assigns, both under said lease and the
franchises hold.
C)nd,- The City shall not be required to purchase, nor said
company to sell additions or extensions to the old water works
system belongilig to the City at the expiration of said Thomas S�
Gorman lease, which occurs on, to -wit, the .third day of July, 1918;
but such extensions shall be subject to Section SIT hereof.
O d;- .That all hydrants hereafter lout in shall be lout in
at the expense of said company, its successors and assigns, except
plant of the siad corapany, its successors acid assigns, and all rights
for seventy-five per cert (75;o) of the valuatioii thereof, which shall
be,,terniined by two disinterested aiid competent persons, experienced
in such matters, one of whom is to be appointed by the City of Beau -
mo r%, and tiie other b;;, Said company, its successors or assigns
ownin said rater systei►. In case the two arbitrators thus appoint-
ed cannot agree, then they shall elect a third,. and the decision of
the majority of the said three arbitrators so chosen shall be final
ai_.d binding on all parties; provided that as regards that part of
the water system k nDwn as the old water system plant, and iiow owned
by the Oity and held under
what
is known
ORD, 3 �r_/i _ 2_
& Gorman lease
now owned by the .beau`nonL-
"';.ter
Com, any,
the same shall
be surrendered
e
1 '
that the
cit;r shall
be required to
?ay for one hydrant in each seven
unared
feat of
extensions, required by the City Council tzr� er Section
4th;-
The pressure shall
be regulated by flection VII hereof.
5th;-
The rates shall be
controlh by Section vI hereof.
4`_t 'the
expiration of Fifty (50) years from the -passage
hereof,
the City
of Beaumont shall
have the caption of to buy the grater
plant of the siad corapany, its successors acid assigns, and all rights
for seventy-five per cert (75;o) of the valuatioii thereof, which shall
be,,terniined by two disinterested aiid competent persons, experienced
in such matters, one of whom is to be appointed by the City of Beau -
mo r%, and tiie other b;;, Said company, its successors or assigns
ownin said rater systei►. In case the two arbitrators thus appoint-
ed cannot agree, then they shall elect a third,. and the decision of
the majority of the said three arbitrators so chosen shall be final
ai_.d binding on all parties; provided that as regards that part of
the water system k nDwn as the old water system plant, and iiow owned
by the Oity and held under
what
is known
as the Thomas
& Gorman lease
now owned by the .beau`nonL-
"';.ter
Com, any,
the same shall
be surrendered
J_ the City of Beaumont on the third day of Mly, , 1918, in as good
condition as when received, -rea<<onable wear and tear and deterioration
only excepted.
SECT 10171 III
During the last fifteen years of this franchise rio im-
proverments shall be made on the water works system of the Beaumont
Water Company, its successors and assigns, without the approval of
the City; and at 'L, e expiration of fifty (50) years the whole plant,
to
its rights, etc, to be turned over
per A tiie City of Beaumout on the. pay -
Ment of seventy-five_ 75,E of the value i;hereof, , to be arrived at
in the manner prescribed in Section XIT hereof.
.t 'the expiration of Fifty (50) years from the arsege
hereof, the City of Beaumont shall have the pption az' to buy the water
plant of the Siad company, its successors aiid assigns, and all rights
for seventy-five per cert (75;x) of the valuation thereof, which shall
be,,ter-lined by"two disinterested aiid cormetent persons_, experienced
in such matters, oile of ,Mnom is to be appointed by the .City of Beau -
mo rs , and the other by sc id company, its successorsr or assigns nxi-x,
OWnin_; said crater systeif►. In case the two arbitrators thus appoint-
ed cannot agree,, then they shall elect a third,. and the decision of
the majority of the said three arbitrators so chosen shall be fii.lal
a -1-1d binding ori all ;parties; provided that a regards that part of
the water SITst em k J-DWn ES the old water system plant fow awned
by the City and held under what is known as the Thomas & Gorman lease
iiovi owned by the Beaumont 77at er Co mL�auy,. the same shall be surrendered
to the City of Beaumont on the third day of J -11y, , 1918, in as good
condition as v.,Jhc;a received, reaF�ona.ble wear and tear and deterioration
only excepted.
SECTIO -21 `%III.
Luring the last fifteen years of this franchise rio im-
provements shall be made on the water works system of the Beaumont
dater Company, its successors and assigns, without the approval of
the City; and at the expiration of fifty (50) years the whole plant,
to
its rights, etc, to be turned over'lie City of Beaumont on the pay -
per ment of seventy -f ive,�(75?) tA
of the value thereof, to be arrived at
in the manner -prescribed in Section XII hereof.
JJV 11 JOTT XIV.
I U.
That the Beaumont dater Oompany shall, within sixty days
from passage hereof actually begin the work of coustructiiig its pump-
ing station and filtering plant; said filtering plant to be of the
appromixate capacity of three million gallons per day of twenty four
hours; and shall complete the same �,rithi.n twelve uionths from passa;e
hereof, unavoidable accidents and delays al=e excepted; otherwise,.
this franchise shall, at the option of the City, be forfeited; and
the rights of the parties shall. revert to their original. status,. and
the franchises surrendered by the water company revive and revert to
it, and be held by it just as though this ordi.narice had not been
passed; and said company shall witlii.n thirty days from the date here.of
file its written acceptance of this fralichise qnd grant, and its sur-
render of present franchises held by it, to -wit: the franchise ap-
proved Feb. 06th, 1901, and all amendments thereto; and its express
agreement and consent to the modification -of Naid Thomas & Gorman
lease made by the terms hereof; otherwise this ordinance shall be-
come null and void, and the rights of the parties shall revert to
their original status, just as though this ordinance had root been
passed.
Provided that noticing herein contained shr,.11 be construed
and
so as to affect, or impair claims, liens, rights held by third par-
ties against the Beaumont Water Company, 'or its property; but the same
shall remain unimpaired aAd unprejudiced by anything herein contained.
And such liens, cla.irns and rights as.are held against the.franchises
surrendered by said water company shall exist against this as
' therefor,
That this Ordinance take effect and go into force .prom and
after its passage.
,approved; this the 'day off May, 1904,
.Atte to
- , IIIA Y0
passed; and said company shall viit,�in thirty days from the date hereof
file its written acceptance of this franchise end grant, and its sur-
render of present franchises held by it, to -reit: the franchise e.p-
proved Feb., 6th, 1901, and all amendments Thereto; and its express-
agree:�ent and consent to the modification. of said Thomas & Gorman
lease made by the terms hereof; otherwise this ordiriance shell be-
come null and void, and the rights of the parties shall revert to
their original status, just as though this ordinance had iiat been
passed.
Provided that nothing herein contained slit -11 be construed
and
so as to affect, or impair claims, liens, rights held by third par-
ties against the Beaumont 71ater Company, "or its property; but the same
shall remain unimpaired and unprejudiced by anything herein contained.
And such liens, clairtls and rights as_are '_Held against the franchises
surrendered by said water company shall exist a,ainst this as
therefor.
That this Ordinance take effect and go into force irom and
after its passage,
Approved;
__fit t e s t. ;
By t,
Deputy.
th is the qday of flay, 1904,
ro'e your Ordinance Committee recommend the passage anddop-
tion_ of the above ordinance.
LAW OFFICES
GREEK AND MINOR
BEAUMONT, TEXAS.
OCO. O. ORCER F. O. MINOR
W. C. MILLER
o k�a, 3
&0,iy '/)
May 16, 1904.
Thomas H. Langhara, I:rlayor,
Beaumont, Texas.
Dear Sir:-
.
Herewith please find the ac; entance of the i3eaumont .Tiater
C.oml? of the new franehiso gr4nted rand approved on May 7th, 1904,`
together with Is consent td the modification of the old lease.
Please rile the same with. the records of the City Cotuacil and
a.clulowledge receipt thereof.
urs truly,
Enc. ���.` ���,-� I/— , I