HomeMy WebLinkAboutOrdinance 417 pair ligN�.
ORDINANCE 1100 � y
gym (
' a
Yo R. WAVERLY SMITH, ANr GEOROV 0 O E D R, As TWO '#
,� �1,11 (")F IF �� 'F� w �+ � "ry r "n q �y �`
�, "N",AE N GAL;� 6i c %„���' o T,�rX r 1!* '��M,�i��r� �1rt �a N,,,r � �� �J i ( ,
�ur� ,� BE �����;""",�,�� ,�BY-SAID J�� �,�;�b` �l ily;�Wl"�p �pgo .�w', '��, q��1 „i�y�� ��.�'fi u,, ' ",X',p� ���r @�� ���'�',��r >�i�',MY'i1P��`,,
;;+& O v4„ p�,'"V �`�m,'M'L&�w ^ 1�RIUST riti �S �;w,%rt�aIR SUCCESSORS;�%iM°"�1�"m�'NT.R �rv,V" TRUST* - '°� ���i�,��,�* '
AND T ,I�!�n SURVIVOR, ��,wO ll;'.�, I,�k"1 1"1�. I �)Rflru� O THEM, SUBJECT T �J ,��EiR .JOLL<RR&
TTOT OF TRUST OF rATE '°R L '24th, ��"""� t nq�""°�„��° mw X BOO 2
�i„ E 3 7 T '�,�q. t idWre"�1C'nA� 'I,�r� �r;,RDS " ,��."r ��Y „� �,ON CO JNIII Yx TEXAS, AND
PRIME-
SENT AND FUTUREs THE R GETo L E 'SE, AMP FRAMOETSE TO INSTAQ,$
00% Cdr° `""R �"D UNDER CERTAIN STREETS S AND , ,0, '"WA Y W171`1117 'TPre, � -
PORATE LIMITS OF THE CIT/T OF T7`01-IT WRORTH.
E I T ORDATNED BY TH� BOAR OF 0;1ti 11 SP ON SRS Or
THE CITY OF FORT WORTH:
seot 2 : That the p �h # license and rav
chile Wed ereb ven A� granted, tn J
0014 E R. Brown,
A E. pluzzly, R. Waverly Smith aud George C. Greer an Trustees
itainoipal office at Galveston, Texaq their evoceasors In
tru, , the survivor or survivors of them in trust for said C om-
pwj# and unto their assigns, to be held by said Trustets Mix,
eaceeze rs it trust, he s vigor or surylvors o f tbom or their
assign a# subject their of Trust, date April
4 ;9 ,
recordedin Book 120,, page 347, at seq. , of the Deed
lecords of Jefferson County, Texas, refexenes to which is here:
. a''al , any " he r°icle Asecaiation mad th By e a of t'
oompary, present and future, for a term of twenty-five
yeas, to lay, equip, ma it ain, repair and operate
pipes different, . necessary and oonvenle t sees a r 1el 'l,--
s .on , for the purpose of o o? "veying tberein and. through the samq
crude trot um or the oduo` of crude Petroleum, to 'fit sup-
plied amd sold t , e e om to the nhab tarts and, varlt,;us basin4tsv vary ;
or Must ial or manxd`a oturing its itutions in the City of Fortt
Woxth, and also to transport am for re, alonga off * and
upou', ur, der and across the bereinafter described streets and
higbvayv within the City of Fort Vorth, said lines to be laid
d onstruote within axeasonable time along and over the 01-
Begluning at A point on the norQ bound-
ary
line of the Gifu of Fort Worth at or near, "bor e the
the 11yw Co of Texts oater said oity S
04 larine Greek; thence southward neaxlY parallel with the ttac&
of said Railway, Compamy and on said rigbt-of-vay, to Bridge Stz*et';
theirice saixtli 41,ong Bridge Street to h,,L Il Ott StXs nom
thence santh tou Burnett St. to West Thirteenth S r est from tkez
west, alon,g Kat Thirteenth Street to the Clear Fork of the TKatty
River,
,
Also o branah llue egin izg on the righti-
of,vay of is Railway Company and conaeating, with s, 1x i , xar
A, m '
bofore damaribed &fir a �a Oj,t � ,, said ncrosses Calboun street*
theuce S rth alOag Calb un Street to a point in North Fjjt4 ati et.
Also r branch line begitning at the jut -
Section of West Sixth Street and Burnett Street Q a point where the
e re , b fore described line crosses West Sixtb street in Burnett
Street; the n c e.. east along S & Street o t he right-of-wa of he
ction of West r Thirteenth Street and Lake Street at a point wber
the Ure nbefo e d scribed in crosses said Lake Street in amid
d
West Thirteenth St. ; o uth along Lak
r Also a bran oh re beginning � e me
o � Xast Six tree and Jones W at
a point where j1he
herei abefore described ne r osse said Jones Street in East S xtb
Street; thence along Jones Street to East Front Street.
f. Also a branch line beginning air the uorth
boundaxy line of the City, of Fort Worth at or near where S, Jones
StrO t Is intersected by Marine Creek; tbenc putt along Nortb
"Dees Stroet to the N ort h Side City eater Work
Q Also a branch liens beginning t a conveft-
iont point in Bridge Street where North Second inte ° t from
thence aoress the river to the City Dual Water Fleet.
And thereaftertards, from time to time, w en a pe"r;,"
Mit is socured tberefor from o rod of Oommissionexs along, over,
Youl under and across such streets, alloys or publio grounds in
the O t Fort Worth, as may be n N'N"l Moen e a y to build I d roes of
p rpe and extend saes, for the 1purp, ose of lying an selling
crude Petroleum and 'crude Petioleum Producis to any of the b b '
t nt , the u i nes or manufacturing n u t o withit ` she said
City of Poet Worth, t e; with the e right to make all noasssaxy
Ornaute and connections % and to said piposo z800ssST7 to sumly
and furnish said erode trole or crude Petroleum pb u t t the
inbabitantO, the residenoes, buzoeso or manufacturing lust Jtr,r.t ou
in the City of Fort 11 rtho proVided thaµ'Rm, the g mntsos shall no
have the a right t lay any, line or puree o>u.rntin ously along Min
Meet, tort b and southo b t re ° xa n g ' , ue n the not , and,
the Texas and MOO way tracks h south, and al ong Hbuat n
Street north auk, soutb, etvaen Balkna Street n tbo north %° d
the Taxes wnd Pacifio franks on tK south, with the riglt only to
orose said streets.
IQ� �,;;
it to OxPrepely provided that
pipes laid under the provisions of this Ordinanop, shall be laid,
c,,nstruat t and maintained at such point ox pl&oos in the amts
ov gbway , and at suoh depth bane&h t ro eurf&oo of 'same, %6,
=4y from time, to tiv,,q be designated by the Board of 00mmisaiOnOrs
of the City of Fort Torth, or suoh officer mo they may attboriza
or diroat to ct with reference thereto, an d. it is expressly Hip-,
l t d and this Minazoo is sir conditioned teat gTantees Ohall
not bave the use of and can be prohibited fr slug auy &Ad ,all
of' the brie es an4 Kaducts µ withka
'r� ; .t ,
Seotion-0 It is eyrea ly provided ,that when an
j imp
IM Oz Pipes are laid r,a„r der the provisions of this OrdiraAoe an
04Y strehe or highways opened, or the purpose f gar, Ki,ado$ t
aria"ntraar htarr,in. as aaiw"aa , specified, ralaaall forthwith restore aaAid
street or higbway to its original condition., �,� �, aaa�aa�a,l leave the
aana�an in n 00 condition ,� n every `ray, as the sa:raaraa originally w, ,
both ,as rfa aing grade or paving, before any
exca "aatton for the
°PUQOVO as oro ai ai was made " her ino and if said q "lacessut ShAl
prow” daa'Notive or inaaaai"ii,oJent, then than City of Fort Worth zay
make the ap per repairs and collect the cost thereof M the
r aid raa u, erein or tbae ,a aaua"raassors, plum 0%
SAM—!: it is expressly provided that the
W9 naPetroleum C parry shall at all times, b solely liable
r all
dam ges aairi,aaia as ,l' result to an,y paa„Qason or, property, oaased'
or occasioned by the canstruction of said pipe line or the excava-
tion main in the streets, or the work of ,00nst'auc i "a, ,, laying and
maNtainUg the same, and the said grantees, has b N spec ," ,
amen a cepti"ng this ordinance, or exeroising any of the righto ox
privileges or franchisee herein granted, agree &nd as all be held
to have greed that the Uarliarolin Petroleum oaa azy cilia be un
to indemnify and save
e City of Fort Worth haxmlese agaiakt, any
and all liability, or all suits, claims or judgments, which may
be made against �
� or raain „gai against it, for or on aco0unt of
any of the work k done at any time m by gTaaartees, as above sp if i ai,
or any excavation made by them in the streets in connecfion wittl
the ran tr aatices aaara maintenraar+a f raiai imps line s, �� � � ��,4f.�. ;
l'
4001 under tho" o UfMs and s dial on ss edit i sd in AN ba ss,
1 ' � ,' MAKUTO ss this rasa sh s , i s u�ssss ssssss ��" P s
Out J s' . '' s;sssg s aid Mae ems same a4ussss qu 4ussssu sower AM
e
"
d this ass na granted �u u � ��
re a condM ss that the line psi for n Sedan )%"pa, Iii I
"A erssu;ssdar, shall, �s ,�.ssss s period of wss years � sss�, s
`th acceptance ss this �, s" �s an"o''ss be laid and ssossu s puss s
Hist Q ,Uurnett tree where said Burnett Street intersects he
Dorth Me of sus WeaVerford Street, and a failure to l ' sai
lit$ to the seam herein ss a° ass`
within h period of time -
f s this section, s al woo a O-Meets s of this As table ,
u leaa g,anteess acre prevented from laying said line, &s in this
004tion pzz sspeoifi , by some cause or oauss a oveT whioh the
VAUtdas have no 0ou s ro , provided that su remainder of SAid
ne described in Notion 1, SSswrsgrsph A thssreund Z sball be
14 and ootatruoted within s s reasonable s ids or as is speoified
in Seotion 5 above,
eat io 1: , GThis Ordinanoe is granted u sssss the
e;press condition the grantees herein, as above speolfied, their
successors sss is Trust, the survivor or ssury .s axe of hers in trust for
ss su'sss t"1 s Mss , s �
for the first ten years of the rati n s said ssssss S °ss r"Wi;
ss s s a . tax of of less than % of the groat s arai` ss AssRVsss, from
tra,ssss srortat ssg or distributing crude Pss .�oleusss and, a rssdu PetroleMAX
p0 ducts thzougt. sald lines within the City of Fort Tort Torth Zud a
Allure a ss s ss),o-i srsork �srfeitu o the franc ,,, te
by tba 'sass e of this sus°rdixi ssus, an the further Cher a �t on thha
the City of Fort Worth shall have the right to purchase the MKS-
before speoified property of the grantees above mentioned,haw" , heir
ssussssussssu sass in trust, the survivor or warvivors of s"fhs= in trust for
said Company,, and their assigns, AM Ups s ma be ss110)erate� hereunder in
he Fort Worth, a any sass after ten sea' 8"U 6s s,, sM
K the time of he passage of this Ordinance* at ° su as ctual ;sue ssls lao
sssssst value of ssal rsssw;serty, loss de recia on, such rep a ssssasss
value, in the event of am ecti su t4 puroh sse said proper ,by less
My of Fort Worth, to be determined—by the City of sort ass' s l'ad
the grantees hiss eit, their srrs,soaasssora in trust, than survivor ot Mir
sr or of them In trust ; or Xor said ssmpan a;sss their aas ass , an ,ss
are of a disagreemeut between the City and the graatees hawein and
their auooeesore in trust, the aury i ," ,"" or si,"'Lrvivors of them in
trust for said Company, or their a assss g ss,m then such ,s,ss,<lue is to :°use,
ss ot*in by arbitration, as is provided ide by the Statutes of the
State of Texas,
ssss 9s This, sdi < s ce In passed and adapt d
and the franchise heroin graMed, upon the further condition that
he City of Fort Worth shall have the right at all times u s AX
and regulate e prioe to be oharged witbin errs City for &nj VOX-
viot to be performed by the grantees, theiv ,ss"uss s e ssuv
in trust, the survivor or survivors of t'hers in t,r ,,, sss t for said Clam-
sassy and their assigns, and upon the fusmthsss:^ condition,i that the
Boars" of Commissioners of the t of ror Worth shall have the
power Who ssssmpa the grantees hPss,,,sein, eiT ' 00esss ss;s a In truss
the suxvivor or survivove of them in trust for said Company ass
i �� � c
�,. � ,.,/ %' �. 9, , , i
�. �i,
b '
� r� �, e�
y'i
I
i
vided, that nef,*he „; stint e� , their successo , 13V' Jotrust
sur riv �, r „ s ,ibem„ i o trust for sa,ic a Company► ory ti►eir
seal s
�,
'urtherf'as6ign their ;rights hereunder, , nor mex96
nor cnso; e he bu n essY operates err-ths, t,fanthise,,,, Frith
� any other person, firm or corporation, without the consent
the Board of Commissioners.
Section 14: That this Ordinance take effect and
be in full force from and after its passage, . subject to the refer-
endum election hereinafter called, and all expenses incident to
and connected with this franchise and the election to be held
hereunder shall be paid by said grantees.
Section 15: That this Ordinance shall be submit-
ted to the qualified electors of said City of Forth at a
special election of said City to be held on , the 25th
day of August, 1914, at which the ballots shall, read:
"For the franchise grant to John: Sealyi' E. R.
Brown, Ej E. Plumly, R. Waverly Smith, and Geo. C.
Dreer, as Trustees of the Magnolia Petroleum Company,
their successors in trust, the survivor or survivors
of them in truest for said Company and their assigns"
and
"Against the franchise grant to John Sealy, E4 R
Brown, E. E. Plumly, R. Waverly Smith and Geo. C. Greer,
as Trust 6es-,of , the Magnolia--Yetroleum ,,Company,,- their
successore in trust, the survivor or survivors of them
in trust for said Company andtheir 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 (5) days the returns thereof shall be made by
the elections officers to said Board of Commissioners, who shall
canvass same and declare the result of said election, in accord
ante to the majority of the ballots cast, and if the .result be in
favor of granting this franchise, the same shall take effect upon
the filing of%& written acceptance thereof with said .Board of Com-
missioners whi"ch shall be filed within thirty (30) days" from said
imnvass. If Ithe return show a majority of ballots against this
franchise grant, then the same shall be of no force and effect*
Section 16: This Ordinance shall be published
weekly in two (2) newspapers, published in said "City of Fort "forth,
for eight (8) consecutive weeks, immediately prior to the holding
of said election.
Nr v✓ , yi..
,r
'MJ r,ri,/rr �
P%
7 7nl DJ�fyr�f'a%PAlii Gr ro ir y!
J k/
�(A
abo JfJ n )N"�®regding Ordtnaaxce
/ U
1 hereby certiry that the ,. �
4 duly presented, passed and adopted by the Board of Commissioners ,
r of the City of Fort Forth, at a regular session or said Board
}
held the 23rd day or June A. D. 1914.
*city; Secretary.