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HomeMy WebLinkAboutORD 57-AA N 0 R D I N A N C E. Entitled an ordinance granting,a franchise • to John Sealy, E. R. Brown, R. Waverly Smi � 0. C. Edwards . and George C. Greer gafTru�st. s of. the Magnolia Petroleum Company5,Ji,ts, suc-' f cerstyruct, s and assigns, for a period -of f4#_t_3r (ears, the franchise and right to lay, co maintain and operate four (4) pipe lines of certain size's and description under certain streets'and avenues in the City of Beaumont; prescribing certain conditions and regulations thereof, and penalties for the violation of same. in trust for,said Company -subject to the Declaration of Trust ma do "by them and now of record in Book 120, Page 347, Deed Records of Jefferson County, Texas, reference .to which is hereby made, and under the following terms and conditions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: M, Section 1. That ' for and. in consideration of the benefits to accrue to the public, John Sealy, B. R. Brown, R. Waverly Smith, '0. C. Edwards and George C. Greer, as Trustees of,the Magnolia Petroleum. Cornpany, a joint stock association, and for ' its benefit as grantee herein are hereby granted the right and privilege to lay, construct, maintain and operate across and under the following - streets -arid- avenues, - within-- the—limit-s- of --- the City. of Beaumont, beginning at the city limits on. the South West side of the Sabine & East .Texas, (now T. &. N. 0.) , Railway Co., right of way, thence running along the said'right of way in a northerly direction to the property of the Beaumont, Sour Lake & Western Ry. Co., under the following streets and avenues, to - . it, Roberts Avenue, Cartwright Avenue, Corley Avenue, Blanchette w41 Street, Franklin Street, and College Street, four pipe line of such material as the grantee may choose, and each to be not more than six (6) inches in 'diameter, and to be used for the pur- pose of carrying and conveying petroleum, gas, gasoline, kerosendr,,l,paphtha, and any or all products of petroleum, to . r and through the City . of Beaumont under the streets and avenues hereinbefore designated, for a period off' 2 (af years from and after the date this ordinance becomes effective. To be held by said Trustees and their successors in trust for,said Company -subject to the Declaration of Trust ma do "by them and now of record in Book 120, Page 347, Deed Records of Jefferson County, Texas, reference .to which is hereby made, and under the following terms and conditions. AO - _2_ Section 2. The pipe lines laid under this franchise shall be laid under the direction and supervision of the City Engineer of the City of Beaumont. r Section 3. Provided that no line shall be laid nearer than thirty-six (36) inches from the paving grade of the streets, to be determined by the City Engineer. Section 4. In case a dispute should arise between the grantee and the City Engineer in laying the lines hereinbefore mentioned, the grantee, its successors and assigns, hereby agree to refrain fromdoing any work under this franchise until the matter in dis- pute is-pute has been approved by the Street and Bridge Comm-it-t-ee- of -the- -- - City Council of the City of Beaumont. Provided, that if the said committee shall sustain the contention of the City Engineer in said matter; then the grantee, its successors and assigns, shall have the right to submit the matter to arbitration; the Board of arbitration to be composed of one person selected by the Street and Bridge Committee, one by the grantee, its successors or assigns, and the third to be selected by these two, and the decision of said board shall be final as to both parties; and both parties to this franchise hereby agree to accept said decision as final. Section 5. If the grantee, its successors or assigns, shall at any time during the life of this franchise discontinue the use of the pipe lines, for which this franchise is granted, for a period of twelve (12) months, this franchise shall then and there terminate, and all the rights and privileges herein granted shall revert back to the City. -3 - Section 6.' The grantee,' its successors and assigns, obligates itself to repair immediately, upon notice to it, any break that might occur in any of its lines herein mentioned, which occur on City property, or which might occur adjacent to City property thereby causing the product conveyed through said line to flow on said property, and it is also agreed that in case said grantee shall fail to do so, the grantor has the right and privilege to repair said break and the cost thereof, plus ten percent addi- tional as a penalty, shall be paid by the grantee to the grantor. Section 7. This ordinance shall go into force and effect from and after the expiration of thirty (30) days after its passage, provided that same shall have been published as required by the City Charter and that the grantee shall have filed with the City Secretary its acceptance thereof in writing within said time; and also deposited with the City Secretary the sum of .$25.00 to cover the expense of the publication of this ordinance, as re- quired 'by the City Charter. Provided, that in case the cost of said publication shall exceed that sura, the grantee agrees and obligates itself to pay to said City Secretary any amount in excess thereof, and also provided that the City Secretary shall return to the grantee any amount Which remains of said ;25.00 after defraying the expense. -of publication. X-6 Passed this the j day of Oz A. D. 1911. Approved by the Mayor, this the " day of D., 1911. TZ) Mayor. Attest • LII—,r,, CCWy Secretary. V S. R Na11"I'M �tV9ASE 1. .., PiE.}T1rR 0,19 F�U)IVI P1JEiTppRyy0111 EIJ�IV7 Pt'R+©'•U c°{ cLZiL�,c�c�tcA82.4- dS11v1Jd��c�c� Vf�YS va�C+�`le! dj COURTENAYMAR SHALL, REFINERIES SECRETARY. BEAUMONT, COR S I CANA BEAUMONT TEXAS, Dec. 14th, 1911. Mr. J. G. Sutton, City Secy., Beaumont, Tex. Dear Sir: - We beg to acknowledge receipt of your favor of the 12th inst., enclosing certified coPy of ordinance granting a franchise to this company for four pipe lines, passed Dec. 5th,' 1911, which we are pleased to accept, and take pleasure in"enclosing check for twenty five dollars, as requested. Yours very truly, Q iLU T TS THE---=A==Z--Ay �.1. 0. S LIT T C- Per 0: I� a o- CERTIFICATE OF PUBLICATION 64' Al -71511 G2 STATE OF TEXAS -- COUNTY OF JEFFERSON - - - _ — _--- -- - - I, C; L. Shless, Mgr. of the Beaumont Journal Pub. Co., publishers of a daily newspaper in the City of Beaumont, do hereby swear that the attached ordinance granting a franchise to John Sealy, et al_, trlL.stees of the Magnolia Petroleum Company, has been published three auneessive times on, to -wit', the following clays December .�. A. D. ,1911. Bea,limont Journal Yi',b. Co. Sworn to and sizbscribad before me, this the .r/ day ofD. , 1911. Notary Public, Jefferson County, _ Texas. --