HomeMy WebLinkAboutORD 76-B>> /--Ile
ANORDINANCE
Granting to the Texas Company, its successors
and ass igns, the franchise and r fight to construct,
maintai , operate and repair, for a period, of F-
() years, a telegraph line. and a telephone line
on one line. of poles on a portion of Crockett Street and
Fourth Street, prescribing' certain condi-tions and regulations
therefor and penalties. for the violation, thereof.
BE IT ORDA1NED BY'THE CITY COUNCIL OF THE,'CITY OF BEAUMONT, TEXAS
SECTION I
That the franch i se and r ight . Is hereby .granted to the
Texas, parry to construct, maintain, orate and repair for a per iod
ofo/�IAZ ( a telegraph line and telephone line
on one line of poles along, upon and across the following named
streets and avenues, tG-wit;
Beginning at Sabine &East Texas R.R. on
Croekett. Street; Thence ?fest on Crockett Street to
Fourth Avenue; Thence North on Seventh Avenue to
the T. &.N. 0. R•R•
V SECTION I I ,
The telegraph and telephone lines to be constructed
under this franchise shall be e`cected under. the direction and
supervision of the City Engineer and City Eleettician of the
City of Beaumont.
.SECTION III.
The City of Beaumont shall have the right at any time
and without any extra cost to string a fire alarm wire on the afore-
said' poles.
SEC T ION IV .
.In case a d ispute,.should arise between the grantee and
the City Engineer and the City E'lectr'ician in erecting and constructing;
the said telegraph and telephone lines, ,the grantee, its su ccessors
and assigns, shell refrain. from doing any work under th i s f rmchise
until the matter in di,spute "has been considered by't3a-- Street &
Bridge Committee of the City Council of the City of Beaumont, and
the decision of said Street - & Bridge Committee in regard to said
work shall be final and binding as to both parti es, and there shall
! be no appeal therefrom.
`ti i
SI -10 T TON V.
If the grantee, its sn.ccessors or assigns, shall,
at any time during the life of this franchise, discontinue
the use of the telephone and telephone lines for which this frai-
chise is granted, for a period of twelve (120 months, this
franchise shall then and there terminate and all the rights and
privileges herein granttd, shall reveit back to the City and the
Orantee upon notice from the City shall remove its poles and wires
from the streets and replace the streets in a first-class condition.
Should the grantee herein, its succes:_;ors and assigns after ter-
minating its franchise, fail to remove its poles and wires from
the streets after being so notified todo by the City, the City
shall ba.va the right to do said work and cohlect therefor from the
grantee, its successors or assigns, together with ten (10%) per
cent of the cost additional as penalty for failure to perform its
duty under this franchise.
SECTION VI.
The grantee, its successors and essi gns, obligate
themselves to repair immediately after notice is given them,
Any break whick'may occur in said telegraph or telephone line,
which occur on city p= operty or on -or ol�PrtIT adjacent to city
property, and in the event said grantee should fail to do so,,
the City shall have the right and privilege to repair said break,
and. the cost tbe.reof plus ten (10°x) per cent additional as a
penalty, shall be paid by the grantee to the City.
SECTION VII.
The granto e here in for and in consideration of the graft
herein hereby covenants and agrees that it will assume all liabilities
and damages which may arise and will forever indemnify and save
harmless the City from any and all claims and loss, liability
or damages to property or injury to or death of persons where
such loss or damages to' property or injury or death of persons
would not have occared batt for the presence of the telegraph and
telephone lines he.r. e in set out.
Q.�, .�
191
SECT ION VI II.
This ordinance shall go . i.nto force and. effect from and
after the expiration of thirty ,(30) days after-. its passage,
provided same shall have been published as required by the
City Char'ter . an,d that th e grantee shall have f l le d with the -City
Secretary its acceptance in writing within said time and also
deposited with ',the' City-Secretary•the sum of Twenty=five .($25.00)
Dollar's to cover the' expense of 'a,* pub lica.t ion "of this ordinance as
requi.i ed by the C ity Charter.; provided. that in' case the cost
of said. publication' shall exceed. that 'sum, the said gran=tee agrees
and obligates itself to pay the; said City an=y amount -in excess
thereof, and also pr ovided that the City,. shall return. to the
grantee;. any amount which may remain out, of the .said Twenty-five
($25.00) Dollar's fi.r st deposited'... after defraying the expense of
s&id 'pub 1icat ion.
Passed this. the _day of
A.D. 191_.
-Approved this' the I $, day of
A.
ATTEST,;
TY SECRETARY. ,
FILED O N THIS TH I .
FILED ON THIS THE; FILED ON THIS TH1= )Fa(j OF ?.
`� OF Dry — 115 EI 9,P1 OF — 1g15 J. G. S U T T O N
J . G SUTTON, J. G. SUTTON clry stC: ETARY
CITY SECRETARY CITY SECRETARY.
BY By NV
G'ty Zecrct
Aeelstant City Secretary slotmat City scartgw,
I ►.
Beaumont, Texas. December _,1915.
Honorable I',iayor & City Council,
City.
Gent 1 Amen : -
:ire your Ordinance Committee, to whom was referred the
foregoing ordinance, granting a franchise to the Texas Company
to coils truct,maintain, operate and repair, for a period of
years, a telegxaph and telephone line on one line of poles on
8, certain portion of Crockett & Fourths Streets in the City of
Beaumont; prescribtngg cextain rules and regulations tharefor, ,
and penalties for the violation thereof, beg to report that 7ve
have duly considered said ordinance and recommend that same be
adopted by the Council.
Respectfully su',ni
l
d�rdifLance Committee.
V
Y
pF B EAUiyO
LEGAL DEPARTMENT
E.F. FERGUSON BEAU MONT,TEXAS
CITY ATTORNEY
iron= ldayor & City Council,
city.
Gentlemen:-
Dec. 2nd,1915.
Pursuant to your request, I hand you herewith pro-
posed ordinc__.nce, Granting a franchise to the Texan Company
to e-rect .a. and teler'bone. line on one line of poles,
on celtain portion of Crockett & Forth Sts.,in tris City.
Re. spect f l lly , ( `�\
5J� X1,1
i. Attorney.
FILED ON THIS
r� OFi�C-
(� SUTTnN
o.11Y SECRETARY