HomeMy WebLinkAboutOrdinance 200 r
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Ittll'tfMt, IN MIDF IIGROUPID Gi01liUIT t AND FIifittii
"G"Gi i 113ld!G iih uih'truiGGGI ihI i3GGG°tits
IN "dt i G'1I17 OF FORT !"J"IT)
ii i" ,G iG.GtGd I6GGtt IN SAID GIV AND Cite'I dtd,-
J.R. NUT AND 1115 ASSIGNS.
BE IT RERSOLVEID BY HE IGO°ARD OF dhUBA;G"SSHI(" ,Ep C)F " HIE/ GPITY W,
'ROiw`Id r''GIGGG EAxn: �
BU I N I.
That whereas thr Ba:rd of Qomau issinners of the Grit .
of Fort North have concluded an agreement between the Uity and
'Nutt of the hoimtwt of Ouysboga and State of Chbio with r apect to
the ai:tters 4ev,inafter referred to and, are desirious that siad
afire,evaent si'aalJ be Rut iti due arv,k l" gal form and (,=ecovie the act of
tit° ,zd Board of Comia issirners ,,,,nd binding as well on said J.i',.N uti,
and his a si gns:
"ditEMPORE the Mayor and Gity Secretary of the City
of fort Wort1i are berf-by empowered ,izr! directed to execute in due
and formal autnu°der, the following contract whieb his 'been a ,°r e:
upon betiveen the iANart:iec hereto, t r-wit:
i57A'17 C)P LIR,"U
tiGdt;t,t i OP' "i tt ?,A
THIiiu G G.iI�',tiDINVG OF AGE',, �iT ,;"G'd G,dG,p,? AND INTO
on this the "f'wentietli day of U,�to er -Do 1910, t'Ga and between
the �ity of Fort fGorth xxd a, municipal corpoz:.-ation, party of t, f,
first part Find hire"inafter ref errs ,?d to as the hit„ , trod J.pFt,."Gdutt
of Giuyohotta G ov�mt , 01,i.o, party of the sec, nd ;dart.
2
WITITES'S'ETH:
WHEREAS the "ity hams been engaged for some time in in-
stalling
, a dual Water System and in order to corqplete the some and
meet the Necessites of the ditizens of said Gity it is necessary
to con6truct a dam, across the Trinity River for the purpose of im-
pounding sufficient water to o,,�rrate said dual aAer system, nand thg
Oity has prepardd plans fin(J specificatione for sail dam but are at
present without the necessary mr,,,,ans r,,iith viliich to construct the
same, and
WITERI,,'AS the Vity baz,, more than a year ag,,om reouired by
ordinance that al',Ipers6ns, firms and corporations en�t,aged in the
electric lig
,htinp Inc
,,, business should, within twelve nths after the
date of laid encatment, place their elretrio wires undergvond, in the
crvwded business district of snid Gity which reqtLirement halre not
been complied viitb: and considerinr., tbe condition of the compinies,
and corporation ebgag
ed in the I_ir,,,,hting business of said Oity and
their finincial ability, the enforcement of said ordiance on the
part of the city might be unreasonable 4t the present time, and
WERE A,"., the present of said e1rctric wit-es in the
corwed busines2 divbtict of the peaty and particularly that part of
the Gity known as the "fire district", is a constant menace to the
safety of the inbabitants and it is ''he dedire of the Gity that all
electric wires shall be placed inundrqrroand conduitsm including
that wires used by the Oity and,
W!"IERBAS, it is the further desire of the Vity to fix ant ret,;nl
elate by municipal ordinanc, the price at 4Yicia public utility shal
charge for electric or commercial lig,�,iting , and
TEREAS, it is the farther desire of the Oity to
light streets in tl,,e Fire District , or crowded busines,. district of
the City by laying wires therefor. in under, ground conduits and
furnishing zaid street illurnInation by voh�,,A is known as the 177hite
Way Service", ,sand the Gity is not Rr present in a 1.,aositir�n to pro-
vide the means necessary to install said lighting systef,., and
WHEMAS, the second party has secired ran option topurchase in his
o,wn behalf all the electric property, PlectT ic plants ai,id franchise
oi the Fort Worth, and 2ow,er Gompany, and the electric property
p,,,nd plants of the Fort Wo;,Ih Gompany; and has purchased a site near
the 'Prinity River, for as large and rjodern power house, and electric
power [A.Rnt and is ready to begin the Ounst-tiction of s;r4d planet and
to aggage in said lighting bnainess, :
NUN THBRJ,,,F(), it is agreed bet,�ave,ri tI,e parties as ftl1ows; to-wit;
---FIRST..,.----
The uity shR11 Proceed with all reasonable diligence
vvi,h the perfecti, n anJ aompleti,,,, n of its arrange
gmi ent r,,ind plans
for its proposed dam, scross the Trinity River, and seenire and ac*
quire .4,11 the necessar.7 riparian 1-irtts incidnet na�cessary fcr
the construction of said dam, as well t,,,is for a,,a i Aainin(,,,, Rnd the
imp6unding of loater provided, the reby, either by amicable contract
and arrangement or by the exercise of &ts rights of condemnation.
Said data shall be constr,ticted at as point alreddy agree upon and sho
slvoen in ti�e plans na°id plats vvhicl, arc., hereto attiached, and made
a part of this contracy.
The party of the secon6 port hereb,117 agrees, oblir,,,,rates ,,id
a& binds hintself tbat for and in consideration of the j.,�ayment to
him of the sum of $1.1,Y) I)e will preceed,, at one viith t'� e worlfr of
construe"ing ss).id dam and prosecAe the sr?,,me dilijKr,,ntl* to com-
Pletion; and finiph 9,1,'Id ('OF).,qALetePsaH i,n accordamoe viut!,,4 the
pinhd, zj,,pecificrttion and drag, in.at tkr,rrfor, liave Urpt6fore
been prepared and are bercto attaced 'wJ iaaead Fa 1jaft of tlAs con -
tract, togetbei witb, stich and specification or de-
tails therrfore as k,4iy be hereafte't. furnishe,O b,,,7 the (�ity.
3
SECOND.
The ;party of the second part shall have the right and
ber-by sgre,e to proceed with the co't'ist"ruction of said new polver
pland orn't the banks of the Trinity, River at a point west of the
north Main (tree brilge, the eqme to be sibetantiallj A shown
on the plans and drvaing therefor this day exhibited W delivered
bo the pity, and in edusiderati-n of tl',,,ese pretnised,, the Uity now
her,by agrees add doutracte tov,19i the said party of the) see A part
and his assigns, that said second p,,,irty sh;,3,11 bave th rij.,,P
,ht to use
the -ate , from UP Trinty River a, a point opposite said power plant
and above the Gity's dam, (hercby r°orutem,,Iated to be cc.ristructed )
by appropriate and necessary cannrotion for all, tine iac�cessary uses ad
and purpose in the oprrati-n of anid power P'18rst H,,,,nd saicl tight to use
said water shat. a-ntlnue in favor of the said second party and his
assignd, as long as be o his assij a, bheill m z.ifiain or o,,,criate
a power plant at or ne,tr the site sworn on the plans her,to attrached
or needs said water for the use 90 par cse nreesuary to the operatin
of any sudh plant, and it A expreestl understood and agreed that ins
t� e event at any time in the foture the Uity shall deefur its necessary
or advisable to discontinpe or so change its d'ual water systeq or the
sup,,ly thetefor or the use or neopsauty for taking crater from the
said ?iinity Biver above slid proyosee.'i daui, t"Inerri the 6ity hee,,',,,by
agmes that A will a" eldh time, by appropriate and neaessary or-
Annne, agvrment or conveyance, grant unto the seennd pertyg or
his assign, the right to continue thp maintennnee of said dam end
thp right to impound the waters of the Trinity River r,#,bove the same,
and the rip,,11, to use sudh , ar,r for th, arses and purp se necessary
in the operation of suet elpatric lipht or power plants for es'ach
as leni:rht of tirae gd,, for a -ch a perind of tIme sRid aec,"'rnd
pftrty of his m y see fit
and oparetl n of a pawor plent A' sad !, ; t o'r
site.
The City hereby agreec that the streets shown on the
may of the City of For 3orth�',i ),',',,;outh ,")f 'INC�rth a;eaond St.
i.d-11 West of the N-,rV,"i Malt'i S ,reei; betwe�,,,,,,,rk
"What to Shawn On sy'i�i('J, Gi,',y klap a,e block 1, and blMak 2 a�nd Blook
,A and Block 3, ;nd betw eei I block it "N Mack A, and Block 2,
1,,'nd bl,)ck 3. L hall be vacatel t,nd f,,',lisoonttna'n,ed, this
Oit'„ ,e,)Yff �,,ae,,,,e grees thot it will ot once peas auch appprap-
ratUn ordinan :es as shall be necer,,�,,vary to c1 lee and vacte sal,
above dpaoribed strc to or what ap ears to be iiatreetso , iD cordi-kag
to the Of"101al map of Sa id Oity of Frt ' Ortho
-22901-
It Is understood n0,13, thet, Oil4y no"'Iq e're
expressly reoui,res that all Wee whiah may be used by the sec',,"%nd
party "".Oz� sh ,1 be plac�ed Mergournd ti the
extant amd altbin W pre •eirt ft to lindto as flzed W established
by the ordinmi ae of the 01t„ray co f fort 'zTo:rth, to the� en -that wa1a,pa,t
that (,he entire diotriat bounded by FIDuff Thorckmorton
Mmraq Frwa, Jones, and Miner a Street sball '1')e �,,vupplied
with WOW ourrent from "t cable Man fti
/1'res Xv condilit
syMem (wVM the exception only of ne ass eary secondary and
eervicq wires) and Met s d anhira GIGMat W-11 be completed as
snob oondatt eyebem at thie of fi,ro
And the said arty o; the second part 7nd his asaign
hereby agrac ob , cow Nemb NO tN�� sae""nd party
w1j. proceed at once to the srnrl rsstr),blishment
of witid, Lmderg rovnd spat em covering eu,,,iti re district anl,,,l
flnish and oomplete the same Ming th ris yieztr hereafterm abd
the sec add year, th, third year the '�',aurt,�t f'ifth yey,,,,,r
i n a,,,,',)n ]rmdty to the p1nn to anid system, top,,etlier mvitl'i ecifionticarl
thereform KIM maid plat or plan with attaolled are
bersto Watahed and made a part of "Umis contract; the abow-
lqg In different coloring, fully nrirL,:ed tea as dif-
ferent areas tai be complated wUhln. t riot by the
of auch
of eadh sucaei Ave
And it is hereby agreed "urther th ,t It",he City of Fort Worbh
will adopt ad LzIonal Japfully ovdinance the p1z,,ciT,'1g, of all
eleattla wires uued for the carryin electria currents fir commerolal
lig,liting withla the tar 1tory above met out In underground c�,,,)ndtxlts,
and the asoand party now here agrees in aM.`,Tt.1Lon to ti,he termzy, of
contract to saaeopt the terms of any uS oz,,!1Yoarjoe nn,^.,! 'be b,,�,ttnd theref-_
by subject only ti, the st1pluatOn herein co'jrii,teAned, t!,ist
system Ps he'reby contra ted v3d agreed t ) be ;vat it,,i, by swm,d party
nox' 'rc sr to be c xaplot6d 'Ad put ir"I 'I'l from year to yeat
anT for the period expressed herein Rnd ar,i on plat and
plart there for as in attached LAW oantract.
It Is further understood that kp'a,,rn Vie City requiltig 'the
01tizene X° ,,,a & Light OoTpany or ot'!,ter electric Coal-
pamy to place their Was andergWaund the Oity reserves flue right and
shall have the SM to require any such light Oompany or oumpanies
to place its or their airs in the undo z,,,;ri,und a,tir,,idlalt etsteia oi.niot',cuoted
provided by the second party c.ubject o'E to tt)a pa yzent
of a a Wt.
It L WNW agreed uadvr�,,,,tood that, t,,he sec,, nd
pably may proceed ti Qualude his fina�..l purolaea-e of the electrio pro-
pertles abd plants of thr Fort Sorth anid the Fort " orth
Lt#,,r,,ht and Poerr lompaay, and rho sights and franables of-the Fort Worth
Light and Power Sri aq,,,a,,ny, Va c°°;..a rAuat -an �,alectrla Power busin ,sus
la the Oi Amy. of Fort NOrth, Who City new here cotifirms
In said escond party PM ht v so QnP, Al, Y,,,�nd
anvl fra.,nolat.eas puiduseed by kilin witah the rivrlit in and
his ancigne to ace and opezate the eame, 'with 1;]aa ndent of' t1ale 01ty, to
We expiratlon tbersof IVI,i 1;.Iae privilegges atnd 0—
gather with all liabilities ablig, barrd,,ena in all the r,,,,r,,Ud
fraaioj sea c,)-ntv.,ined.
DIX—TH.,;L .
It Is further agreed that stid sarty ot Mae a,,,;ercd ,,nd part
City agreefe,,, to t�stke fro,,n, sal�,2
,,Jaall ftrr,,,iAmh, 'Lo CILY U,,,)e
aeaond p,,,,6rty MUM current M euoh.an extent and quanity as may be
ne0annazy for the use of He MY in St"t"jxi 1,Y In%,7
it streets light1bg
on its present lightlag appointmentd, A Otab as It may, hereafter *root
throu��,,,,,,houx the City of Ft,,�rt 'Alorth thon ot'i that terrltory
Icnown rr,a,c th,,,,,, fire limits an hdreinabove preacribed as the underground
c;ndnit district) except ouch eleotric currents as may be Arnished by
O,ie Otty froni, 10a own plant for the period of yeare nt the alullm
and, price of three and one-holf (3 10) oents fper 'the City to
own and ma"Aaln Its own 1603ing spatem, a-,A, p.:n,.ivide,, f xn1sh,
own maintaln s lightinj appointments, and second party
to provide a multabbb azz evitvh ax '11r' o„,'(.fliub, P"'Arift be
desi gnat ej by the City where Pt unid, muirrer,t is to ba dellverrare
'to th,e 01,ty
rt iw f tar tsff,-,-r aulr�rent
contracted to be furnJohed under this contract ahall be alternati!�,.,wg,
ourreat of a frequenay of 60 cyalee ner iseoondt rsignle pl�sve ot two
phase as requIred and aid” P. vo, tage of tyubst, t181.1y ��Cy.) Vatts.
SwEam.
It is further agwend arv-`, aza""! tic to City
here adopts for Its etre-t lighting throughout the Werground conduit
distriot or, so much of the same as it may desire, what Is aslied nd
krtown su,, he OUlte Waym syhtem of stre,4 ltghting, tlie City r1ow hdre
ado ,,bting Lhe use f this system Or immediate ase apon arid. 11-,:uuston
streets In the 01 by, Ath c,a i,ht 11,fiori,eret,, 11 'to exte,�nd
the 1 ter to Tbroakmort= Areete, Oax-ert,,,e tree t No roe streeto
sad Jenniige lvemue, of e five Years.
The pArty of the Leo A rand his asb rm.)w here
obligate and bind MemEelves to purchase said Nbite Way eamipment
fir,,)r �Aae u,,f,.,,e ben1fit of the Oity and install Me same without most
'to the Clity, and to Inatall there,,At4 neces�,,sry wirer,,j,,
svd.to,hes etc. lor maintilning e I. ; What IAq,']at, xiAhAr� undergrajan
0 luit distriat ab designated like Me oast t ever to the
0 fru,
tatty of rart Worbh, and said second pnrty agreef,,i, to J tLihisah call lighUnW,
a y�,,�tem cc,,nlplet e and In z t A I the aim a i-i a c a with V,Y,a pinn s i,,Atbd
speolf lonti one ther f or which are it wched in! Me a part of Me,
oontralt; and the m id part of the secind. part his F,,s,,,Algna now her
con Near and am.,d furnidh to (Dlity -,,,n,:f tlte 01ty agrees, to twrr,ke
and purchase f'rom o0d aeoand porty, the period, of flflteen years
vleiutric ou-rent elfflatent W do What Way a,�,O the street
11ghting within the fire MOM or tuaden,,,
,�,,raund, condult, at axid for
the agreed sum and Price (of 1"our sents per the City atl@;reies
that after said MUM WhAs Way lighting zystk,,p)m and comm;xlet
ad that U w111 maintain the same and keep the aima%e in a,ir a-nd,, i,,,e-
newed the City is to beve cDmplete a&
a ` own en
ntJ lership of the veme, the necond party f�.xrnJs'hAnpff, tbe curr , t tbp
period of time mentioned to the City Unceddary, for at,,,�I,d Ifttite "'Way light'ing
and other lighting ac the My may from time No tird pxovide In said
underground conduit for the period A 1,irtie Atgove set for"(,;h at ttio t,riae
mentloned. AnO the secind oarty shalt at pLanes tra the CIty of Fort
Worthy as may be sIlreated by the Olty preovide neces,,,,,,,,ary
to measure vaid dsar tw an'deriround, oir J- such
It Is further under6toid and agDeed thwb the 6eamW party
and his as,igne, during the exiMnce of i see
whdc,h be refit lred by him, Aell hnve the r1gbt L(,a eliare fo elootric
ourrt,,mt for eralil liehME In the ',R",'xx,*t ",`V1�or1,,'h a, f,,,,uLrq ,-,,nd aw-
nv�,ik uiL a,�,,,f a,=ch ar and int to eras d Se ""')f prioe
to-wit;
(1) for L al;e first bwo �zxz,,
16-Un carb %n filmsent lra-lmv� (50 lot to) or LLed,.. 110
per KIM= Hear*
(2) F .r all exceep over the above N P-K-T-R-
(3) chorge ner Mer per month. 11.00
(4) mucount rar AsymnaL within 10 c s xq,,
And the ,,Aty ho" lre�re expred,: ly right a,,'rees that 1"t
wi,'11 iy,,,)rVh,(*1Ab pa Ls a lawful ordinance Ll,ae witlhir,d whiob
siTay, be oharged. by any public utilitu For com arotal electric lighUng
in azoat a7 ordance af,,e ec,,,,,,ed4z1e just above.
awh out; and said asoond .�rty 1d erie o",III e" vrili" Obverre
the said Module of prices sa fixeJ in sold prdinance, on imll as the
termis tldDs ,,zesenb
XMIT L III—.
It Is expres ly undeMood std, agreed that whe, e
ever the term i.,( uru,,ed In V,iif,,,,, �: xr,
, vtiract it monaia an
ve bald to maen an refer to and bind bh(t d"'Mrty an
or his anci( ne; and shall amol be hel,,,`,, to menn
obligation by the City an favor OVand Inure to Ll%e O" i,', any me-
eijpnove, of the Ys,,aid eea nd p rty, mL well in W the void J.R.Batt
IndIviduallyo
TENTH.
It le further gwrv/d -nJ ;irade, ,,:;Hint Iod tiv,.rt upon t',e re-
quest af either party to this COMM, furtlteT more
)late u .ntracts coverir ?, any oE the subjeots otenritt ,
i Tied and agreed upon
harein wilL be executed by each party with, td"'ve urn t"her fro)m" timir, '/4"* tlize
rnnti mv,?,y be neceO lary o* advisable by either p,,,//,,rt",j ordir,,rr tIa more col!n-
ply tfir ly expreew Se ter me and ounditiorun of d,,"nit,a ardinence and the agree-
me'�,nta, extort',gssed In,
And the My now here aqrses, In oonsiderati n of the
promises with the asaind porty, Unt U; 'w"11'_ efl"Ote
abd adopt any and -11 ardinancet , or resalOdine in Sga l:, foni as may be
deemecl or expedient to carry out t1ho"', to'nm'a of this 000ract
or to further irk' ,"'u or oancede to the %econd part*,,�, the rL',""�tvtq hew,eby
agreed to be granted ti him and his asaigns sr,'r, well the ,Proteoti no
and premerevation of Its own WV„td�,,!, ;,)olicies
exprese,/,ed ab/'a'ut.
IN TF"TIVONY WRT' KOF th- h—ve he raunt,,,,) so,,,ot
'cheir Ity
ye',,/,,C. nb e written.
To 7""ctTe ?.q";n ty
o,i` F',rrt North, Texe4,i,
ATUST;
71°iat tbe terms, c,-,t,,,dltlona StAPUIMIA, ,-nd soot
fo,,wth in the fo" be saa,,we are ratifled
andl approved awl, oonfirmed and the a8me bereby made the ant of the said
city of PoTt
SECTION III
That thip ordinance We Wact f6d be f,,.mae f zwtt and,
aftey", its"
ADOPT&D BY Tirl,',, 01? 1OF' F"Al,
1910.
COPY