HomeMy WebLinkAboutOrdinance 301 �Pl;KE4.�iCs; ISO,
An ordinance granting to U. i . Howe and his asso-
ci,Aes and assigns the right, license and franchise to equip,
maintain and operate a line of p xpe:, for �iie purdose of con-
veying crude pet#oleum or petroleum products, on, upon, over
and tinder certain streets, alleys, bridges and highways, via-
4=ts &ad puUllc grq�nds, within the corporatf. limits of the
City of .Dort forth.
-e it ordained by the Board of Qommissioners of
the City of fort Worth:
:rection 1 - That the right, license, and franchise
are hereby given and granted untK: A. Howe, of :arrant
County, Texas, and his associates ani;-assigns, for the term
of twenty-five (25) years, to ley, equip, maintain and operate
a line of pipes, of different, necessary and convenient sizes
and dimensions, for the purpose of eonveyi-io therein and
through the same crude ,petroleum or the products of crude pe-
troleum, to be aupplied therefrom to the inhabitants and var-
ious business or induatriel and manufacturing institutions in
the city of Bort >>ort,h, along, over, upon, under and across
aay of th a streets, highways, alleles, public grounds, bridges
or viaducts within the Ci 4yoof -'art +or,4ii; the same to be at
once laid and constructed along and. over the following de-
scribed route, in the city of zort worth, to-wit:
Beginning at a point on thy, north boundary line of
the Cit; of '°ort .,orth, at or near i&_,ere Lase ;jt. LDuis south-
western Railway tracks enter said cit; limits, on ,..rine creek;
thence southward, nearly parallel eith the tracks of said rail-
way, to the center line oZ north douston street extended; thence
southward on north ouston street to north Second street; thence
westward on north ;_`sconu street to ins junction with yridge
street; thence southwestward with north Bridge street and Bluff
street to Hurnett street; thence southward along nurnett street
to :.orth street;' thence westward on ".orth street to its western
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terminus.
2-terminus. Beginning again at the intersection of Burnett and
North streets, thence eastward to east line cf Lamar street.
Beginning again at the intersection of north and Lake streets,
thence southward along Lake street to west Broadway, and be-
ginning at the intersection of iurnett and we*t Sixth streets,
thence eastward along Sixth strOt to the tracks of Gulf, Colo-
rado & Santa Fe Railway CompazMfr Beginning at the intersection
of east Sixth and s°rove streets, thence southward on :rove
street to '.jinth street; thence eastward on Anth street to the
tracks of the Chicago, Rock Island � Gulf Railway Company, east
of Twombly.
And thereafterwards, from time to time, along, over,
upon, under and across any or all of the streets, alleys., pub-
lic grounds, briages or viaducts, in the cit; of Bort Worth, as
may be necessary, to build said line of pipe, and extend same,
for the purpose of supplying petroleum and petroleum products
to any other of the inhabitants or business or manufacturing
Institutions within th_ said cit, of Yort -.orth. 2egether with,
the right to make all necessary turn-outs and connections in
and to said pines, necessary to supp,.� and furnish said petro-
leum or petroleum products to the inhabii,ants, the residences,
business or manufacturing institutions, in the said City of
Bort .vorth; provided that the grantees shall not have the right
to lay any line of pipes continuously to !_ ' ain or '!ouston
streets, north and �c)uth, bets^eeh _.elknap street and the exas
& Pacific Railway tracks, with tie right only to cross these
streets.
Section 2 - It is provided expressly that all the
pipes laid under the provisions of this ordinance shall be laid,
constructed and maintained at such point or place in the street,
public place, alley or across any bridge or viaduct, and at such
depth beneath the surface of the street, as may. from time to
time, Le designated by the -oard of tomriission,:,ra of the city
of Fort ,tiorth, or such officer as they may authorize or di-
rect to act with reference thereto.
Section 3 - It is expressly provided that when
any pipe or pipes are laid under the provisions of this or-
dinance, and any sheet or public place opened, for the pur-
pose of so doing, the grantee h arein shall forthwith restore
such street or ground to its or4tginal condition and shall
leave the same in as good condition in every may as the same
originally was, both as to surfacing grade or paving, before
any excavation for the purposes aforesaid was made therein.
Section 4 - It is expressly„provided that the grant-
ee, or his assigns, shall at 311 times be solely liable for
all dam4gvs which may result to any person or property caused
or occasioned by the construction of said pipe line, or the
excavations made in the street or the work of constructing,
bring or maintaining the same; and the said grantee and his
assigns, upon accepting this ordinance, or exercising any of
the rights or privileges or franchises hereunder granted, agree
and shall be held to have agreed and to be bound to indemnify
and save the city of sort aorth harmless against any and all
liability or all suits, claims or judgments, which may be made
against it, or adjudged againsf it, for or on account of soy
of the work done at any time by the grantee or his assigns, or
any excavations made by him or his assigns in the streets, 3n
connection with the construction and maintenance of said pipe
line.
Section 5 - This ordinance is granted upon 6i,e ex-
press condition '.J;;.j the grantee herein, or his assigns, shall
pay to the City of Fort yorth an annual tax of not less than
three per cent. (,,) on its grove earnings, and a failure so to
do shall work a forfeiture of the franchise granted by the
terms of this ordinance. And upon the further condition that
the City of Fort '. orth shall have a right to purchase the
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property of the grantee or his assigns which may be operated
hereunder in the City of Fort -orth. at any time after ten
years subsequent to toe date of the passage of this ordinance,
at the actual replacement value of said property, less depre-
ciation; such replacement value, in the event 4f an election
to purchase said property by th& 4ity of fort <:orth, to be de-
termined between the City of sort north and the grantee herein
or his assigns, and in case of a disagreement between the City
and the grantee or his assigns, then such value is to be de-
termined by arbitration, as provided by the statutes of the
State of Texas.
section 6 - Th#a ordinandle is passed and adopted
and the krgnchi se herein granted, upon the further condition
that the City of port d"orth shall have the right at all times
to fix and regulate the price to be charged for any service
to be performed b;( the grantee or his assigns; and upon the
further condition that the Hoard of poi._ .issioners of the City
of Fort ..orth shall have the power to compel the grantee here-
under or his assigns, whether operating under this franchise
or franchises that may be hereafter granted, to extend their
service and pipes to any portion of the tU%y of Fort Worth. if
the persons to be supplied with the commodity furnished by the
grantee or his assigns, as a result of such extension, will
pay the cost thereof, or if it can be shown that the revenue
resulting to the grantee or his assigns from such extension
will, within a reasonable time after the same is made, pay a
reasonable return on the investment after making the custom i
allowance for depreciation.
Section 9 - That said 6. R. Rove and his assigns
shall at all times be subject to all police ordinances and
regulations now existing, or which may hereafter be adopted
by the Loard of :'ommiseioners of the City of fort worth.
Section 8 - It is further provided that[the said
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grantee, S. R. Howe, and his associates, shall have the right
to transfer and assign this franchise to any firm or corporation
which may be formed by them, or which may be formed for the pur-
pose of acquiring this franchise and conducting the business
of operating said pipe line, as contemplated hereby, and it is
understood and provided that if Jhe said grantee, S. R. Howe,
and his associates, shall make and execute such an assignment
to any such person, firm or corporation, as aforesaid, such
assignee thereof shall become possessEd of all the rights,
privileges and franchises hereby granted to the said S. R.
Howe and his associates, and shall own, hold and enjoy the
same, in the same manner and to t'he same extent as are by the
terms of "this ordinance granted unto the said S. R. Howe and
his associates, without any, further action on the part of the
City of Bort north, or its governing board or body; provided
that neither grantees nor their said assigns shall further
assign their rights hereunder, or merge or consolidate the
business operated under this franchise, with that of any other
person, firm or corporation, without the consent of the Hoard
of Commissioners.
Section 9 - That this ordinance take effect and be
in force from and after its passage, subject to the referendum
election hereinafter called.
Section 10 - That this ordinance shall be submitted
to the qualified electors of said City at a special election
for such purpose to be held on the 6th day of Sune, 1912, at
which the ballots shall read, "For the franchise grant to
S. R. Howe, his associates and assigns, " and, "Against the
franchise grant to S. R. Howe, his associates and assigns,"
and the voters shall strike out either of the above which they
do not desire to vote for. Such election shall be held as
provided by law, and within five days the returns thereof
shall be made by the election officers to said Board of Com-
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missioners, who shall canvass same and declare the result
of said election, in accordance to the madotity of the bal.
lots cast, and if the result be in favor of granting this
franchise, the same shall take effect upon the filing of a
written acceptance thereof with said Board of Commissioners,
which shall be filed within thirty days after said canvass.
If the returns show a majority of ballots against this fran-
chise grant, then the same shall be of no force or effect.
Section 11 - This ordinance shall be published
weekly in two newspapers published in said City of Bort Worth
for eight consecutive weeks, immediatiely prior to the hold.
ing of said election.
I hereby dertify twat t6 AboVe AM foregothg ordihance
was duly presented and unanimously passed amyl adopted by the
Board of Commissioners of the City of Fort Worth at a session
of said Board held Saturday April 6th,1912.
City See
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