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Home My WebLink AboutORD 82-CA Td 0 R D I N A IT C E 'Entitled an ordinance amending."An Ordinance Entitled an ordi- nance granting a Xranchi'se to John Sealy, Be R. Brown, R. Waverly Smith, Oliver C. Ediva,rds, and George C. Greer, as Trustees of -the Magnolia Petroleum Company, its successors and assigns, for a period of Twenty-five years, the franchise and right.to lay, construct, maintain, operate and repair two (2) pipe lines of certain sizes and description under certain streets, avenues and alleys in the City of Beaumont; also telegraph and. telephones line, -on one line of poles; prescribing certain conditions and -regulations thereof,' and penalties for the violation of same", passed and approved January 17., 1912. -- _ BE IT OR�7nIT+TED,-.B`L _-TIS -CITY-COUTTCIL OF- ` H_i?j--CITy �? ' -B� AUM- TNT: -. That a certain ordin,;P__sce .enacted- by the City Council of the City of Beaumont on the lath. day of January, 1912, and entitled "An Ordinance granting a franchise to John Sealy, E. R. Brown, Re Waverly Smith, Oliver C. Edwards and George C..Greer, as Trustees. of the Magnolia Petroleum Company, its successors -and assigns, ' for a period of twenty-five years, the franchise and right,to lay, construct, maintain, operate and repair two (2) pine 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; prescribing certain conditions and regulations thereof, and penalties for the violation of same", be and the same is here -- by amended so as to read as -follows: Section #1 That for and in consideration of the benefits to accrue to the public, John Sealy, E. R. Brown, R. Waverly Smith, E. E. Plumly, and Geroge C. Greer, as Trustees of the P,iagnolia Petroleum Company, a joint stock association, and for its benefits as grantee heroin, are hereby branted the right and privilege to lay,.. construct, maintain; 'cpera4N and. rcpa.ir-,._:.under, across and through the following ' str—ts; av&.Z�iu:az 'and_.a11C-e, ginting at the east boundary of. the city Madison and 'Van Buren Avenues, thence in a westerly--direction- alley .on alley to the intersection of Railroad Avenue, across said Avenue to Lot 19, Block 34, of the Arlington Addition: thence across the alley running be- tween Sabine Pass and Railroad Avanue 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 city limits on Lafayette Stroet, three pipe lines of such material as the grantee may choose, and to be not more than eight (S) inches in diameter, and to be used for the pur- pose of carrying and conveying petroloum, gas, gasoline, kerosene., naptha and any or all products of petroleum; and a telegraph and telephone line, onm 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 intersect'.on 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 o'f Block 34 of the Arlington Addition, thence across Sabine Pass Avenue to the inter- section of Corley and Sabine Pass Avenues, thence along Corley Avenue to Sally Street, thence in an easterly direction down said. street to the'intep- section of the alley lying between Corley and Cartwright Avenues and Sally street,- thence in a- westarly direction doom s -aid allay._ to -the.. city limits _ on Lafayette Street, thence north along Lafayette Street to the xrisdo 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 effec- tive, to be held by said trustmes 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 supervision of the City Engineer and City Electrician of the City of Beaumont.. Section 3. r W +2. Provided that no pipe 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. The. amity' of Beaumont to have the privilegeq�: 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 _ sen.tioned, the -grantee,---its -_successors-and--assigns,- hereby -agree -to--re- - - (rain prom doing any work under this franchise until the matter in dispute has,been approired of by the Street and Bridge Committee of the City Council of the City of Beaumont. Provided, that if the said committee shall sus- tain the contention of the City Engineer in said matter, then the grantee, its,successore and assigns, sh4ll have the riiht to submit the matter to arbitration: the tc and of arbitration to -be composed of one person akex selected by the Street and Bridge Committee,,one by the grantee, its success- ors and assigns, and the, third to be selected by these two, and the deci- sion of said board -shall be final as to bath parties; and both parties to this franchise hereby agree to accept said decision as final. Section 6. If the grantee, its successors a, -id assigns, shall at any time during the life of this franchise disc. --retinue. the use of the pipe, telephon and telegraph lines for which this franchise is granted, for e period of twelve (12) months, this frantihise shall then and there terminate and all the rights and privileges thgrein shall revert back to the City. Section .7.� — ,,, t ti 5 '; 1t . • :_ F. _ 1 . _ «ieYaasr aiw'T .- - --- The grantee, its successor:ln., immediately, xmg upon notice to it, au '- break --that- may 6ocur- -in-- lines in lines herein mentioned, which occur on city property or which might occizrLL adjacent to city, `pr6',,erty, causing the product conveyed through sa,kd line to flow on said property, and it is also agreed that in case said grantee shall fail to do so, the grantee grantor has the right and prd.vilege to repair said break and the cost therrof, plus ten per cent additional as a penalty, shall be paid by the grantee to the grantor. Se --tion B. This ordinance shall gointo force and effect from and after itm the expiration of thirty (30) days after its pasoage, 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 required by the City Ch2rter. Provided, that in case the,cost of said publi:sation shall exceed 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 grante_o_ any amount Efahich. remains of_ said 425.00 aidcer defraying the expense of publication. Passed this the 4th, day of November, 1919. by the Mayor Aptaroved/this the 4th. day of November, 1919 (Sig) E. J. Biffenbacher. MAYOR. ATTEcy T : JNO. F. Kirwin, CITY SECRETARY.