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HomeMy WebLinkAboutORD 62-AMILO SU d 9OP-,. G' CIS y MCRk' A_H1y1 P_ ; oD, x-24 AN 0 RD I N A N C E. Entitled an ordinance granting a franchise to John Sealy, E. R. Brown, R. Waverly Smith, Dliver C. Edwards and George C. Greer as Trustees of the Magnolia Petroleum Company, its successors and assigns, for a period of twenty five (25) years, the franchise and right to lay, construct, maintain, operate and repair two (2) pipelines of certain sizes and description under certain streets, avenues and alleys in the. City of Beaumont; also tele- graph and telephone line, on one line of poles; prescribing certain conditions and regulations thereof, and penalties for -the violation of same. BB I,T ORDAIPTED BY THE C I `i'Y COUNCIL OF THE CITY OF BEAU14ONT : Section 1. That for and in consideration of the benefits to accrue to the public, John Sealy, E. R. Brown, R. Waverly Smith, Oliver C. Edwards and George C. Greer as Trustees of the Magnolia Petro- leum Company, a joint stock association, and for its benefit as. grantee herein are hereby granted the right and privilege,to lay, construct, maintain, operate and repair, under, across and through the following streets, avenues and alleys, to -wit: Beginning at the east boundary of the city limits in the.alley lying between Madison and Van Buren Avenues, thence in a westerly direction along ,said alley to the intersection of Railroad Avenue, across - said avenue to lot. 19, block 34, of the Arlington Addition; thence across the alley running between Sabine Pass and Railroad Avenues to lot 3 of block 34 of the Arlington Addition; thence across Sabine Pass Avenue to the intersection of Corley and Sabine Pass Avenues, thence along Corley Aveiiue to the city limits on Lafayette Street, two pipe lines of such material as the grantee may choose, and to be not more than eight (8) inches -in diameter, and to be used for the purpose of carrying and conveying petroleum, gas, gasoline, kerosene, naphtha and any ar all products of peft-roleum.; and a telegraph and telephone line on one line of poles, beginning, at the east boundary of the city limits in the alley lying between t� 42/__ twenty five (25) years, the franchise and dJ TT' DilQ. right to lay, construct, maintain, operate and repair two (2) pipe -lines of certain sizes and description under certain streets, avenues ----- -- ----� i and alleys in the City of Beaumont; also tele- graph and telephone line, on one line of poles; prescribing certain -conditions and regulations thereof, and penalties for -the violation of same. BR! 13 ORDAINED BY THE CITY COUNCIL OF THE CI'T'Y OF BEAUMONT: Section 1. That for and in consideration of the benefits to accrue to the public, John Sealy, E. R. Brown, R. Waverly Smith, Oliver C. Edwards and George C. Greer, as Trustees of the Magnolia Petro- leum Company, a joint stock association, and for its benefit as. grantee herein are hereby granted the right and privilege to lay, construct, maintain, operate and repair, under, across and through the following streets, avenues and alleys, to -unit: Beginning at the east boundary of the city limits in the.alley lying between Madison and Van Buren Avenues, thence in a westerly direction along said alley to the intersection of Railroad Avenue, across, said avenue to lot 19, block 34, of the Arlington Addition; thence across the alley running betti,reen Sabine Pass and Railroad Avenues to lot 3 of block 34 of the Arlington Addition; thence across Sabine Pass Avenue to the intersec-tion of Corley and Sabine Pass Avenues, thence along Corley Aveftue to the city limits on Lafayette Street, two pipe lines of such material as the grantee may choose, and. to be not more than eight (8) inches.in diameter, and to be used for -the purpose of carrying and conveying petroleum, gas, gasoline, kerosene, naphtha and any ar all products of petroleum.; and. a telegraph and telephone line on one line of poles, beginning, at the east boundary of the city limits in the alley lying between Madison and Van Buren Avenues, thence in a westerly direction_ along said alley to the intersection of Railroad Avenue, across said avenue to lot 19 of block 34 of the Arlington Addition, thence across the alley running between Sabine Pass and Railroad Avenues i 61 b, (2) to lot 3 of block 34 of the Arlington Addition, thence across Sabine Pass Avenue to the intersection of Corley and Sabine Pass Avenues, thence along Corley Avenue to Sally Street-, thence in an easterly direction down said street 'to the intersection of the alley lying between Corley and Cartwright Avenues and Sally Street, thence in a westerly direction down said alley! -to the city limits on Lafayette street, thence north along Lafayette Street to the Frisco right of way, to and through the City of Beaumont under, over, through and across the streets, avenues and alleys hereinbefore designated, for a period of twenty five (25) 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 made 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. Section 2. The pipe, telegraph and telephone lines laid and erected under.• this franchise shall be laid under the direction and supervis- ion of the City Engineer and -City Electrician of the City of Beaumont. Section 3. Provided that no pipe line shall be laid nearer than thirty six (36) inches from the paving grade of the street's, to be deter- mined by the City Engineer. Section 4. The City of Beaumont to have the privilege of stringing a fire alarm wire on the aforesakd poles. Section 5. In case a dispute should arise between the grantee and the City Engineer and City Electrician in laying and erecting the lines hereinbefore mentioned, the grantee, its successors and between Corley and Cartwrlgh.t, Avenues and Sally Street, thence in a westerly direction down said alley] -to the city limits on Lafayette street, thence north along Lafayette Street to the Frisco right of way, to and through the City of Beaumont under, over, through and across the street's, avenues and alleys her.•einbefore designated, for- a period of twenty five (25) 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 made by them and now of record in Book 120, Page 347, Deed Records of Jeff'er'son County, Texas, reference to which is hereby made, and under the following terms and conditions. Section 2. The pipe, telegraph and telephone lines laid and erected under this franchise shall be laid under the direction and supervis- ion of the City Engineer and City Electrician of the City of Beaumont. Section 3. Provided that no pipe line shall be laid nearer than thirty six (36) inches from the paving grade of the streets, to be deter- mined by the City Engineer. Section 4. The City of Beaumont to have the privilege of stringing a fire alarm wire on the aforesaid poles. Section 5. In case a dispute should arise between the grantee and the City Engineer and City Electrician in laying and erecting the lines hereinbefore mentioned, the grantee, its successors and assigns, hereby agree to refrain from doing any viork under• this franchise until the matter in dispute has been approved by the Street and Bridge Committee 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-; th,:,n the grantee, (3) 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 and 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 6. If the grantee, its successors or assigns, shall at any time during the life of this franchise discontinue the use of the 'pipe,'telephone and telegraph 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 therein granted shall revert back to the City. Section 7. 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 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 dditional as a penalty, shall be paid by the grantee to the g or. Section 8. 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 p�.�.++., r+. vvvv ++v r. v waa+. wi.ivicU as �/, W1aK V11V V1111Li VV NG I:l Ci 1 K-1 %, VGbL by these two, and the decision of said board shall be final as to i both parties; and.both parties to this franchise hereby agree to accept said decision as final. Section 6. If the grantee, its successors or assigns, shall at any time during the life of this franchise discontinue the use of the ,pipe,'telephone and telegraph 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 therein granted shall revert back to the City. Section 7. The grantee, its successors and assigns, obligates itself to repair immediatel., 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 causing the product conveyed through said line to flog 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 dditional as a penalty, shall be paid by the grantee to the g or. 5 Section 8. 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 It 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 required by the City Chatter. Pr,ovided,_that in case the cost of said publication shall exceed (4) that sum, 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 publications V-- Passed, this the �� day of b A. -D.) 191 Approved by the Mayor, this the ry ` day of = A. D. , ]_9]. 7 A-- - yo r . Attest: «l�� C'ty Secretary. l THE STATE OP TEXAS COUNTY OP JEFFERM N) CERTIFICATE OF PUBLICATION 11 Chas. L. Shlese, Mgr., of the Beaumont Journal pub. Co., hereby swear that the attached ordinance granting a franchise to the Magnolia Petroleum Company, and its trustees, passed by the City Council on the 17th day of January, 1912) has be en.published three times, on, to -wit,- Jan A.D. 191240 r•, Newmont Journal Pub. Co. Sworn t o.':and subscribed b: fore me, this the of -A.-D. , 1912 -. No ,ary Public, Jefferson County, Texas. ORD, 44-A YMM P1. t :K ElIff COURT ENAY MARSHALL, REFINERIES SECRETARY. BEAUMONT,CORSICANA BEAUMONT)TEXASI Jan. 25th, 1912. _ J. G. Beaumont, Texas. Dear Sir: - We beg to acknowledge receipt of your favor of the 23rd Inst., with -right of way for two pipe lines enclosed, and write to inform you that we shall be pleas- ed to accept the franchise as issued. Thanking you for prompt attention, Yours very truly, AN O..RD I N A N CE. 6 ZA Entitled an ordinance granting a franchise to the Magnolia'Petroleum Company, its successors and assigns, for a period of fifty ) years, the franchise and right to Lary; construct, maintain, operate and re _✓'"paix two (2) pipe lines of..certain sizes and description under certain streets, avenues and alleys in the City of Beaumont; also telegraph and telephone line, on one line of poles; prescrib- ing certain conditions and regulations thereof, and penalties for the violation of same. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. v That for and in consideration of the benefits to accrue �u- ^� to the public, John Sealy, E. R. Brown, R. Waverly Smith, 0. C. 0'Wdwards and George C. Greer, as Trustees of the Magnolia Petro- leum Company, a joint stock association, and for its benefit as grantee herein are hereby granted t%e right and privilege to lay, a construct, maintain, operate and repair, under, across and through the -following streets, avenues and alleys, to -wit: Beginning at the East boundary of the city limits in the alley lying between Madison and Van Buren Avenues, thence in a westerly direction down said alley tf the intersection of Railroad _Avenue, across said As_t -r- � to 1a.oCk 196f Ve Arlington Addition; thence across the I alley run ng between Sabine Pass and Railroad Avenues to lot 3 of block`T9 of the Arlington Addition; thence across Sabine Pass Avenue to the intersection of Corley A 44+tm and Sabine Pass Ave- nue, thence along Corley Avenue to the City limits on Lafayette Street, .re Frisco rigs of may, ! two pipe lines o f such mat eria.l as the grantee may choose, and to be not more than eight (S) inches in diameter, and to be i, LL,.f Ci used for the purpose of carrying and conveying petroleum, gas, y h•j,ry�. gasoline, kerosene, naptha and any or all products of petroleum.;, uo une "Lagnolia retro.Leum Company, its successors and assigns, for •a period of fifty �,,SGl.) years, the franchise and right to lay, construct, maintain, operate and re-_ f__ ----Pair two (2) pipe lines of. certain sizes and description under certain streets, avenues and alleys in the City of Beaumont; also telegraph and telephone line, on one line of poles; prescrib- ing certain conditions and regulations thereof, and penalties for the violation of same. ' ` BHI IT ORDAIIIED BY TIir CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. v That for and in consideration of the benefits to accrue f�U to the public, John Sealy, B, R. Brown, R. Waverly Sraith, 0. C. ?' \Pdwards and George C. Greer, as Trustees of the Magnolia Petro- leum Company, a joint stock association, and for its benefit as ` grantee herein are hereby granted tl-e right and privilege to lay, construct, maintain, operate and repair, under, across and through the following streets, avenues and alleys, to -wit: Beginning at the Bast boundary of the city limits in the alley lying between Madison and Van Buren Avenues, thence in a westerly direction down said alley t the intersection of Railroad Avenue, across said r to b.�ek 19pof tie Arlington Addition; thence across the alley run nC between Sabine Pass and Railroad Avenues to lot 3 of block 'r9 of the Arlington Addition; thence across Sabine Pass Avenue to the intersection of Corley ,�_v- and Sabine Pass Ave- nue, thence along Corley Avenue to the City limits on Lafayette Street, . h id°e°°° rtYha� t �.L-a fat ree Frisco righter of rncy,l two pipe lines of such material as the grantee may choose, A y' J iand to be not more than eight (8) inches in diameter, and to be used for the purpose of carrying and conveying petroleum, gas, gasoline, kerosene, naptha and any or all products of petroleum;• and a telegraph and telephone line on one line of poles, to and through the City of Beaumont under, over, through and across the streets, avenues and alleys hereinbefore designated, for a period a of fifty (NO) years from and after the date this ordinance becomes effective, to be held by said Trustees and their successors in ` Op !�)+ t trust for said Company subject to the Declaration of 'crust made by them and now of record in Book 120, Page 347, Deed Records of Jef- ferson County, 'Texas, reference to which is hereby made, and under the following terms and conditions. Section 2. The pipe, telegraph and telephone lines laid and erected un- der this franchise shall be aid under the direction and supervision i- c Al of the City Engineer - 'of the City of Beaumont. Section 3. Provided that no pipe line shall be Laid nearer than thirty six (36) inches from the paving grade of the streets, to be deter- mined by the City Engineer. Section In case a ispute should arise between the grantee and the . T � �� I. �" City Engineer in laying and erecting the lines hereinbefore mention- ed, the grantee, its successors and assigns, hereby agree to refrain from doing any work under this franchise until the matter in dispute has been approved by the 'Street and Bridge Committee of the City Coun- cil of the'City of Beaumont. Provided, the said committee shall sus- tain the contention of the City Engineer in said matter; then the gran- tee, 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 Cormmittee, 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.,{ if the grantee, its successors or assigns,shall at any time during the life of this franchise discontinue the use of the pipe tele- phone and telegraph lines,for which this franchise is granted,for a period of twelve (12) months,this franchise shall then and there termina.te,and all t.rp ri rrint c; and nri vi l plFRt4 bprpi n rrrnnt.Pri ghnl l rpvprt hnnk to tbp C:i tv them and now of record in Book 120, Page 34`7, Deed Records of Jef- ferson County, Texas, reference to which is hereby made, and under the following terms and conditions. Section 2. .The pip (�,( telegraph and telephone lines laid and erected un- der this franchise shall be laid under the direction and supervision of the City Engineer_of the City of Beaumont. Section 3. Provided that no pipe line shall be laid nearer than thirty six (36) inches from the paving grade of the streets, to be deter- mined by the City Engineer. `., Section In case a ispute should arise between the grantee and the City Eng ineer11�_in laying and erecting the lines hereinbefore mention- ed, the grantee, its successors and assigns, hereby agree to refrain from doing any work under this franchise until the matter in dispute has been approved by the Street and Bridge Committee of the City Coun- cil of the'City of Beaumont. Provided, the said committee shall sus- tain the contention of the City Engineer in said matter; then the gran- tee, 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, !I If the grantee, its successors or assigns,sha.11 at any time during the life of this franchise discontinue the use of the pipe tele- phone and telegraph lines,for which this francnise is granted,for a period {' of twelve (12) months,this franchise shall then and there terminate,and all I the rights and privileges herein granted shall revert back to the City. Section f� The grantee,its successors aTd assigns,obligates itself to repair immediately,upon notice to it, any break that might occur in any of itslinesi herein mentioned,which occur on City property,or which might occur adjacent to City property causing the product conveyed through said line to flo%v on said property, and it is also N (3)P aID gree that in case said grantee shall fail to do so, ,he grantor has the right and. privilege to repair. said -break and the cost ,there- of, plus ten percent additional as a penalty, shall be Paid r;T the F;rantee to the grantor. Sec ;ion �. This ordino.nce shall go into force ancL effect from and after the expiration of thiruy (30) dc.yr-, after its passage, proviited that same shall have been published as required by the City Charter and that the F;rantee shall have filed with the City Secretary its acceptance thereof in wr'_i_ ting yfithin said time; and also depositeO_ -with the City Secretary, the sum of,25.00 to cover the expense of the publication of this ordinance, as required by the City Charter•. Provided, that; in case the cost of said publication shall exceed that sure., the grantee agrees and .obligates itself t:o pay to said Ci ty Secretary any ar_lount in excess thereof and also provided that the City Secretary shall return to the grantee any .mount vrhich remains of said. $25.00 after defraying the expense of publicwtiob. Passed, ,his the Approved by the Hayor, this the Attest: - _ _ _ day of A._D., 1911. day of A. D., 1911.