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HomeMy WebLinkAboutORD 77-A, '� AN 0RD.I'NANCE. titl d di ti rr, ?ma TOS CS Tg - --' 19 ../...•.- CITY SEGRE' ARY- f er En a an or "ante gran 446 e, to John Sealy, E. R. Brown, R. 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 (25) years, the franchise and' right to construct, maintain, operate and repair a telegraph line and a telephone line on one lineof poles; and prescribing certain conditions and regulations thereof, and .penalties- for the violation of the same. BE IT ORDAINED BY. THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That for and in' consideration of the benefits to accrue to the public, John Sealy, R. R. Brown, R. Waverly Smith, Oliver C. Edwards and George C. Greer, as Trustees gf...the,Bffagnolia Petroleum Company,_ a_jo nt_sotock association, and for its benefit as grantee herein are hereby granted the right. and privilege to construct, maintain, operate and re- pair a telegraph line and a telephone line on one line of poles along, over, across and through the following streets, avenues and -alleys, to. -wit: Beginning at the intersection of Roberts Avenue with Lafayette Street, thence north on LaFayette Street to its connection with Fourth Street; thence East on said con- nection between Lafayette Street and Fourth Street to Fourth Street; thence North on Fourth Street to Laurel Avenue; thence West -:ori -Laurel'--Avenue "to . the city limits of the, City of 'Beaumont, - the said franchise herein granted to continue, for a period of twenty-five (25) years from and after the date that this ordi- nance 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 of the Deed Records of -Jefferson County, Texas, reference to which.is hereby made, and under the following terms and condi tions, to -wit: m -2.. Section 2. The telegraph and telephone lines constructed under this franchise shall be erected under the direction and supervision of the City Engineer and City Electrician of the City of Beaumont. Section 3. The City of Beaumont shall have the privilege of stringing a fire alarm wire on the aforesaid poles. Section 4. In case a dispute should arise between the grantee and the City Engineer and City Electrician in erect- ing and constructing the said telegraph and telephone lines, the grantee, its successors and assigns, hereby agree to re- frain from doing .any work under this franchise until the matter in dispute shall have been approved by the Street and Bridge Committee of the City Council of the City of Beaumont; provided that the said Committee shall sustain the contention of the City Engineer or City Electrician 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 Comm=ittee, one by the grantee, its successors and assigns, and.the third to be selected by these two, and the decision of said board or a majority of' them `shall be binding as to both parties; and both parties to this franchise hereby agree to accept' -said decision as final. Section 5. f. If the grantee, its successors -or assigns, shall at any time during the life of this franchise discontinue the use of the telephone and telegraph lines for which this franchise is granted, for a period of twelve (12) months, this franchise I , , t ?J shall then and theUcterminate, and all the rights and privi- leges herein granted shall revert back to the City. Section 6. The grantee, its successors and assigns, obligate themselves to repair immediately upon notice to them, any break that may occur in said telegraph or telephone line, which occur on the City property, or which might occur adjacent to City 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 (10) per --cent addition 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 the 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 writ- ing within said time; and also deposited with the City Secre- tary the sum of Twenty-five ($25.00) Dollars 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 sum, the grantee agrees and ob- ligates itself to payi"the 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 Twenty-five ($25.00) Dollars after defraying the expense of said publication. Section 8. This ordinance is not intended to repeal or supercede `any other ordinance granting a franchise to the Magnolia and -Petroleum Company ,nits said Trustees. _ftz_ THE STATE OF TEXAS, COUNTY OF JEFFERSON. ?r_J 77 A FILED T_ TH_�F_.' �6_ J, G, SUTTOK TO. THE HONORABLE CITY COUNCIL OF THE CITY OF BEAUMONT: Application is hereby made to you by John Sealy, E. R. Brown, R. Waverly Smith, Oliver C. Edwards and George C. Greer as the Trustees of the Magnolia Petroleum Company, and .for its benefit, to grant the said Company a-franchiseto construct., maintain, operate and repair a telegraph line and a telephone line on one lines of poles extending along, over, through and across the following streets, avenues and alleys of -the City of. Beaumont, to -wit., B.eginting at the intersection of Roberts Avenue with Lafayette Street, thence North, on,Lafayette Street to -i- --s--connection- with con- vection between Lafayette Street and Fourth Street to Fourth Street; thence North on Fourth Street to LaurelAvenue; thence West on Laurel Avenue. to the city limits of the City of Beaumont. Your Petitioners pray that said franchise be granted, for the period, of twenty-five (25) years substantially in the form, and upon the terms and conditions,set forth in the accom. panying draft of the -ordinance submitted to this Honorable Coun= oil for consideration, or with such reasonable amendments and changes as may seem proper to your Honorable body. Respectfully subjuitted. A we for the Magnolia Petroleum Company. I 40 V . -.' Beaumont, Texas, April 4, 1912 To the Honorable IdR,Vf)r and City Council, C I T Y. Gentlemen: - your Ordinance Committee, to whom irras referrpd the attached ordinance granting, a franchise to the, L!RgnOlil" P(ATOIPI-Lm Company for the constriction of a telephone line, beg to recornryiend that said franchis-e be E - rant ed. iesDectfUlly submitted, fir qu 1� Ordfnance t te '7 `7 A % THE B`AUMONT DAILY JOURNAL - ' (EVERY WEEK -DAY AFTERNOON AND SUNDAY MORNING) PUBLISHED BY THE JOURNAL PUBLISHING COMPANY CHAS. L. SHLESS, PRESIDENT AND EDITOR EDITORIAL DEPARTMENT 0 . BEAUMONT, TEXAS, THE STATE OF TEXAS, ) COUNTY OF JEFFERSON. ) Before me, the undersigned, a notary Public, on this day personally cane,' `� , who, being first duly sworn, according to law, sags that etre is the Business Manager of the Beaumont journal, a daily newspaper published at Be-urmont , in said County and Mate, and that the publication, of which the annexed is a true copy, was published on the and that the rate charged therefor is notIn excess of the commer- cial rates charged private individuals, with the usual discounts. Sv.otn and subscribed to before rye this ----day o f = ,1912.- -;. NOTARY PUBLIC, -JEFIIR ' ; --- TEXAS.