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HomeMy WebLinkAboutOrdinance 665 �w ORDINANCE NO* . AN ORDINANCE GRANTING TO THE HOME OIL REFINING COMPANY OF TEXAS, Resent and future the right, license , and franchise to install; equip, maintain, repair and operate a line of pipes for the purpose of conveying crude petroleum or crude petroleum products on upon, over and under certain streets and highways within the corporate limits of the City of Fort Worth, BE IT ORDAINED BY THE BOARD OF COMMISSION OF THE CITY OF FORT WORTH. SECTION 1. That the right , license and franchise are hereby given and granted unto the HONK OIL REFILING COMPANY Y a corporation, having its principal office in Fort Worth, Texas, its successors and assigns, present and future , to o lay; maintain; repair and operate a line of pipes, for the U O purpose of conveying therein and through the same , crude petroleum or the products of Crude Petroleum, and also to W J D transport same along; over, upon, under and across the here- inafter described streets and highw4ys within the City of Fort Wor th, said linea to be laid and constructed within a reasonable time along and over the following described route in the City of Fort Worth; to wit: Along the East side of the right of way of the St.L.�.F.& T. R.R. and crossing north Main Street at an am a of thirty-five de- grees on the East side of and parallell to said St.L,i5.F.& T.R.R. track along said railroad right of way. And thereafterwards, from time to time , when a per- mit is secured therefor from the Board of Commissioners along, over, upon, under and across such streets, alleys, or public grounds in the City of Fort Worth, as may be necessary to build said lines of pipe and extend same for the purpose of supplying , together with the right to make all necessary turnouts and connect on and in to said pipes necessary to supply and transport crude petroleum or crude �a petroleum products. SECTION 2: It is expressly provided that all pipes laid under this provision of this ordinance shall be laid, constructed and maintained at such points or places in the streets or high ways, and at such depths beneath the surface of same as may from time. to time be designated by the Board of Commissioners of the City of Fort Worth or such officers as they may designate or direct to act with reference there- to, and it is expressly stipulated and this ordinance is so conditioned that Grantees shall not have the use of and can be prohibited from Using any and all of the Bridges and via- ducts within the City of Fort North. SECTION 5: It is expressly provided that when any 111 z pipe or pipes are Lid under the provisions of this ordinance s 0 Wand any streets or high ways opendd, for the purpose of so going the grantees herein, as above specified, shall forth- o with restore said street or highway to its original condition, h n r and shall leave the same in as good condition in every way, W as the same originally was , both as to surfacing grad; and J D as to paving, before any excavation for the purpose aforesaid was made therein, and if said replacement shall prove defec- tive or insufficient , then the City of Fort Worth may make the proper repairs and collect the cost thereof from the grantees herein, or their successors, plus 107 for supervising and directing the work. In the event the said North Dain Street be hereafter paved or repaved by the order of the Board of Commissioners, the grantees herein obligate and binds itself to pay its pro- rata portion of the costs of said paving, as the same mayTTbe determined by the surface of the order over the pipe line or lines laid under the provisions of this ordin4nce. SECTION : It is expressly provided that the Home Oil Refining Company shall at all times be liable for any damages which may result to any person or property, caused or occassioned by the construction of said pipe line or the ,w excavation made in the streets , or the work of construction of said pipe lines, laying and maintaining the same , and the said grantees as above specified upon accepting this ordinance , or exercising any of the rights and privileges or franchises herein granted, agree and shall be held to have agreed that the ' Home Oil. Refining Company will be bound to indemnify and save the City of Fort Worth harmless from any and all liabilities or suits, claims , judgements, which may arise against it or be adjudged against it, for or an any account of any of the work done , at any time by the grantees, as above specified or any excavation made by them in the streets in connection with the construction and mmintanenance of said pipe lines or by reason of maintainenance of said lines. z SECTION 5: That the grantees above specified, their 0 successors and assigns, shall at all times be subject to all > W X in = Police ordinances and regulations now existing, which may here- Z § ere-3 after be adopted by the Board of Commissioners of the City of W y V ° For t Wor th. Z K W SECTION 6: This ordinance is granted upon the express J O condition and stipulation that failure to exercise any of the rights and privileges herein granted, or the non use of same , within a period of one year from the time of acceptance hereof, shall automatically work a forfeiture of the rights and privi- leges not exercised or used without any action on part of . the grantor , but such rights and privileges as are exercised and used within the designated period, shall be in full force and effect. SECTION 7: It is further provided and stip$lated and an express condition of this ordinance that the rights and privileges herein granted, and the franchise hereby given, are not and is not exclusive to the grantees herein, but that such rights and privileges as are herein specified and such franchises as is herein gtaated to the Home Oil Refining Com- pany may be given and granted to any other person, association or corporation as the Board of Commissioners may desire , with 1%r the right to parallel said lanes or to cross over or under same , providing that no injury or damage be done to said lines of grantees. SECTION 8; It is further provided that the grantees hereinbefore specified, their successors and assigns shall have the right to transfer and assign this franchise it any time, and such assignee thereof shall become posessfid of all the rights and privileges and franchises herein granted to said grantee , their successors and assigns, and shall own, hold and enjoy the same in the same manner and t0athe same extent as are by the terms of this ordinance granted unto the said grantee , their successors and assigns without any further action on the a part of the City of Fort Worth, or , governing body of said a City of Fort Worth; provided that heither the grantees, their 0 W < successors and assigns, shall further assign their rights � x o0 hereunder, nor merge nor consolidate the business operations W � under this franchise with that of any other person, firm or U 4 corporation, without the consent of the #card of Commissioners, m ffi I hereby certify that the above and foregoing Ordinance was duly presented and unanimously adopted by the Board of Comm- issioners of the City of Fort Worth, Texas, at a regular se- - salon of said Board held Tuesday, July 29th, A. D. 1919. e City ore y