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HomeMy WebLinkAboutORD 3-AAN 0 R D I A? A X C E; Entitled an Ordinance granting @�. to the Magnolia Petroleum Company, a joint sock company, for a period of 25 years, the, franchise and right to lay, construct, maintain and operate a pipe line of inches in diameter'', under a certain tract of land owned by the city of Beaumont, prescribing certain conditions and regulations therefor and penalties for the violation of same. B .. I T ORDAINED BY THE CITY COUNCIL OF THE CITY . OF BEAUMONT : Section I. That the City of Beaumont does hereby grant to the Hagn®lla Petroleum Company, a joint stock company, organized under the laws of the State of Texas and its' successors and assigns the right and privilege to lay, construct, maintain and operate a pipe line of inches in ditoieter, under a certain tract or parcel of land, containing -33-205/1000 acres out of . the D.Brown Survey. in. Jefferson County, Texas, said tract being conveyed to the City of Beaumont by deed of P.H.Wiess, of date February 22, 1913 and recorded in volume 136 page 196 of the Deed Records of Jefferson County, Texas, to which reference is made for more complete description of said tract - Said right-of-way to enter said tract at the northA orner thereof, being the point where the ti�4ern boundary crosses the right-of-way of the Kansas City Southern Railroad Company's spur and to follow the 64st boundary of said tract -to the southern extremity thereof and thence to follow a line from said pont to the south•V�_ corner of said 33-205/1000 acre -tract . A blue print =:of said tract showing the location of said pipe line being attached to this ordinance and made` a pgxt hereof. zizTiuieu an urainance granting F,. to the `-- Magnolia Petroleum Company, a joint sock compal-ay, for a period of 25 years, the -franchise and right to lay, construct, maintain and operate a pipe line of inches in diameter under a certain tract of land owned by the city of Beaumont, prescribing certain conditio).as and regulations therefor and penalt-ies for the violation of same. BE IT ORDAINED BY THR� CITY C 0 U 0 I L OF YHE CITY OF BrAUi010NT Section I. under the That the City of Beaumont does hereby grant to the Magnolia' Petroleum Company, a joint stock company, organized under the laws of the State of Texas and its' successors and assigns the right and privilege to lay const��act, maintain anCL operate a pipe line of inches in ditvmeter, under a certain tract or parcel of land, containing 33-205/1000 acres out of the D.Brovin Survey in Jefferson County, Teras, said tract being conveyed to the ► City of Beaumont by deed of F.H.Wiess, of date February 22, 1913 and recoxded in volume 136 page 196 of the Deed Records of Jefferson County, Texas, to which reference is rade for m -ore complete description of said tract. Said right-of-way to enter said tract at the nor thl&2CAr—"orner thereof, being the point where the ti, —ern boundary crosses the right-of-way of the Kansas City Southern Railroad Company's spear and to follow the EQst bonndary of said. tract to the southern extremity thereof and thence to follow a lire from said po nt to the south corner of said 33-205/1000 a.cre"trac� . A blue nr int -,pf said tract showing the location of said pipe line being attachea to this ordinance and made a p€xt hereof, FILED T IS THE— J. __�� �ITY SECRETAPY. 'PCi tit`-" ASST. 0. it L THIS SEG:4ETAR Y, VPY • I 1 Section II. The pipe line ,Laid under this franchise shall be`,• laid under the direction and supervision of the City Engiilesr of the City of Beaumont. Section III. That said line shall hot be laid nearer than 36 inches frois the surface 9 _ma +„ •_„a which shall be determined by the City Engineer. Section IV. If the grantee, its successors. or assigns shall at P.ny time duringo, the life of this franchise -discontinue the use of said pipe .line for a period of 12 months, this franchise shall then and there terminate and all the rights and privileges herein granted shall revert back to the City. Sect ion V. The pipe line to be la.nnnder this franchise to be inches in diameter and to be aged for the purpose of conveying J petroleum , gas, gasoline,kerosenel naptha and any and all products 1 of petroleum That this franchise is granted- for a period of 25 years from the date this ordinance becomes -effective. Section VI. The grantee, its successors or assigns, obligates itself to repair immediately upon notice to it_ of any break that might occur in said line under said property or which might occur. adjacent to said property, thereby causing the products conveyed through said line to flow on said property and in case said grantee its successors or assigns should fail to repair, oAfix said break or leak, the grantor se &U QQ- I-.—.�- -� the right and privilege to repair said break or leak and the cost of so doing plus 10 o additional as penalties shall be paid by the- grantee, he- grantee, its successors or assigns to the grantor immediately upon receipt of bill acid in case said grantee shall fail to immediately pay said the City of Beaumont. Section III. That said line shall hot be laid nearer than 36 inches frog: the surface a Vnich shall be determined by the City Engineer. Section IV. If the grantee, its successors or assigns shall at any time duriLg the life of this franchise discontinue the use of said pipe line for a peri-od of 12 months, this franchise shall then and there terminate and all the rights and privileges herein granted shall revert back to the City. Section V. The pipe line to be laidd'iznder this franchise to be .::. inches in diameter and to be aserl for the ;purpose of conveying petroleum , gas, ga.soline,keroseneo naptha and any and all products of petroleum That this franchise is granted for a period of 25 years from the date this ordinance becomes -effective. Section VI. TI -ie grantee, its successors or assigns, obligates itself to repair immediately upon notice to it of any break that might occ-wr in said line under said property or which might occur. adjacent to said property, thereby causing the products conveyed through said line to flow on said property and in case said grantee its successors or assigns should fail to repair, oAfix said break or leak, the grantor sQ.,aae. ' .the right and privilege to repair said break or leak and the cost of so doing plus 10 o additional as penalties shall be paid by the grantee, its successors or' assigns to the grantor immediately upon receipt of bill and in case said grantee shall fail to immediately pay said bill as rendered -, a penalty of 10 o additional shall be added to the amount due; provided that in case said grantee shall fail because it thinks said bill excessive and unjust, the matter shall be referred to a board of arbitration, one member of said booard shall be appointed by the grantor and one member appointed by the grantee and the two thus ORO 36 /b-�7-1913 appointed to select a third member, and their conclusion :shall be final and binding upon both parties. Section VII. In case a dispute. should arise between the grantee and the City Engineer in the construction or laying of the line here- inbefore mentioned, the Grantee its successors or assigns hereby agreesto refrain from doing any work under said franchise until the matter in dispute. has been approved � the Street & Bridge Committee of the City Council of the City of Beaumo.nV- provided that if said Committee shall sustain the contention of the City Engineer and the grantee, its successors or assigns are not sati0fied -With said dispute, than the said 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 and one person selected by the grantee, itt successors or assigns and the third person. to be selected by these two and -aha decision of said board shall be final as to both parties and'both partied. to this franchise hereby agree to accept said decision as final. Section VIII That the grantee its successors or assigns shall -, ithin 15 days after the passage of this ordinance by the City Council, file with the City Secretary an acceptance of the terms of the franchise and also deposit with the City Secretary the sum of Twenty-five ($25.00) dollary to cover the expense of publication of this nodin.ance,provided - that if the cost of said .publication4 shall exceed that aum , the Grantee agrees and obligates itself to pay the said City Secretary any amount in excess thereof, but if said amount should be in excess -of the amount charged for publication of said ordinance; then the said City Secretary shall return to the said grant6e, its successors or assigns , the difference in the cost of publication and the amount deposited. Section VII. LQ case a dispute should arise between the grantee and the City Engineer in the construction or laying of the line here-- in'gefora mentioned, the grantee 9 its s-accessors or assigns hexeby agrees to -refrain from doing any work under said franchise until the matter in dispute. has been approved "the Street & Bridge Committee r A the City Council of the City of Beaumont-, provided that if sad d Committee shall sustain the contention of the City Engineer and the grantee, its successors or assigns axe not sati;jfied . with said dispute, then the said grantee, its successors and assigns shall have the right to submit the matter to arbitratiosa. The board of arbitration to be composed of one person selected by the Street and Bridge Coimittee and one person selected by the graaatee, itt successors or assigns 11 and the third person to be selected by these t-wo and the decision of said board shall be final as to both parties and both parties to I` this franchise hereby agree to accept said decision as final. Section VIII > That the Z'rrantee -, its successors or assigns shall within 15 days after the passage of this ordinance by the City Council, file ,x,ith the City Secretary an acceptance of the terms of the franbhise and also deposit with the City Secretary the sum of Twenty--fiva 0'25.00) dollarz to cover the expense of- publication of t zis codinance,providea r that if the cost of said publication4 shall exceed. tiaat aum , the grantee agrees and obligates itself to pay the said City Gecre Lary any amount in excess thereof, but if said arlount should be in excess of the amount charged for publication of said ordinance, then the said City Secretary shall return to the said grastde, its successors or assigns , the difference in the cost of public:=!.tion and the amount deposited. Section IX. This ordinance shall go into force and effect from qnd after, its passage and lawful publication and acceptance by ,the grantee and the deposit of the Twenty -rive( 25.0)) dollars, as provided in Section VIII of this ordinance. l QeFJT�q, %� Parsed this the � day of October A>D.1913, Approved_ this the day of October• jl.D.1914 Mayo x ATTEST: R.+NARY. Han-Mlayor & Ci'L,, Council, Ci Ts., Gent;1EfIr1en - Beaumont, Taxas, August 27th,1 13. '7'e ,,oar Pare. Comnm,i sior_ei°-, ha -lie cai-,esully examined the proposed orfl�inance as attached hereto and as ;ai(I pa.rh cormissioners have no' ob jection. to its s passage o v r11 1�� /—V Parte COLmgi: sioners. -54 7 Beaumont, Texas, Aug-27th,1913-- Z' • Lrayor &- City C ounci l> C I T Y, Gentlemen: - We your Ordinance Committee to whom was referred the attached or dinance beg leave to report that atter cai•eiul consideration we recopr,end its passage ORD 3A 1 0--,7- 11.3 CITY ATTORNEY B.ugus t 27th,191 3. 3 lvlessl�s-Greer Saz vtil;liam C T T Y, Gent-lemen: - I herewith enclose you ordinance covering the matter you spoke about, with a conmimicat ion to be signed by the Pailk Coram_i ssioneis, giving their consent tb Aie passage of said ordinance. Also encic',se draft of ordinance submitted. I air , Yours very truly, ALC,. y � cl ( elidis) vV `� OF ----- -- 4 -_ ..... Cd TY SEGRLTr, P"r.