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HomeMy WebLinkAboutOrdinance 948 Javi, ORDINANCE NO#45 'fin a AN ORDINANCE providing for the ptrehase and acquisition by the City of Fort Worth of the water mains,pipe,laterals, mechanical apparatus,plant and property(with certain exceptions) of the WEST BIDE WATER COMPANY, a coxporation,looated. in and about what is known as Arlington HeiEhts,within and adjacent to the City of Fort Worth,and providing for the payment of they purchase price thereof out of funds arising from the sale of water and suer bonds authorized at the election held. December 31,1922. BE I11' ORDAIa ED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT FORTH: That rhereaathere was annexed to the City of Fort Worth and made a part of the corporate limits thereof,at: an election held for that purpose on July V,,1922,that certain territory the major part of which is now and is generally known as ARLINGTON HEIGHTS; And Whereas,it is desirable and necessary to extend: to the residents of said territory so included within the corporate limits of said City Water facilities for domestic and for commercial use,and for fire proteotion,as well; And Whereas,to construct and lay a system of water mains,p pes and leteralc in acid about said territory would involve A considerable outlay of money and would entail great delay in supplying water to such useve during the proses of construction; And Whereas,the WEST SIDE WATER COMPANY ,,a oorpor- ation,is the owner of a system of water mai s,pipes and laterals, H' laid in;,and,-under the ground, in the territory,.aforementioned, from which users and consumers in' end. 6bout said territory are supplied with eater from wells owrnewi Ly said corporation, And Whereas,seid West Side Water Compant offers and proposes to sell to the City of Fort Worth said system of mains,pipes and laterals at and for the price of one Hundred Thousand 100,000.0+0) ollars,subject to a deduction o Six Thousand hree Hundredd�$630QwOO) Dollars to be held and retained by said City pending the perfection. of title to pertains mains and laterals; NOW THEREFORE: BE IT FURTHER ORDAINED BY THE BOARD OF COMMISA SIGNERS OF THE CITY OF FORT WORTH: SECTION l: That the contract for the sale by the West Side Water Company ,a corporation,of its systeww: of water swains, water pipes ,l.atera.ls,m chanical apparat s,lands ,easements and privileges connected therwsith - A41uet 4located and lying In and about that territory,e part of the Oity of Fort Worth known as Arlington Heights which said co traot reads as follows STATE OF TEXAS, KNOW ALL 11EX BY THESE PRESENTS COUNTY OF' TARRANT. I a That pursuant to a resolution of its stockholders and also of its Board of Directors,the WEST SIDE WATER C011PANY, a corporation duly inoorporated under the laws of the State of Texa ,with its office in the City of Fort Worth,Tarrant Cotwnty,Texas,now here offers and proposes to sell and convey few' P.2. to the City of Fora ^ orth,a municipal oorporation,all and singular its property,real,personaa and mixed,of whatsoever kind and description,consist ng in part of water mains,wdtsr pipes,and laterals situated,lying and .located tn and about that territory within and adjacent to said City, of Fort Worth,in Tarrant County, Texas,known as Arlington Heights,and all and singular its meters wherever situated,its machinery,meohanical apparatus and equipment and appurtenances thereto,t�.°�,nks,reservoirs and, basins,and all and singular its franchises,easements and privileges(save and except the water wells and the imnediate land, onwhich said wells are looated,and save and except for one motor and pump-jack located. on Well 'Ho.l) and also that certain real property known as Block. Hinety(SO) ,in Chamberlinis Addltidn,First Filing,' Arlington Heights,as set forth to Volume 3 5,page 595,of the deed records of Tarrant County,at and for tht price of One Hundred Thousand IOQ,OOfl.00)Dollars, nd in the event this con- tra,ct or proposition ion is accepted to make, and execute to the said City of Fort Worth such oonveyances,assurances and title papers; with covenants or w+a,rranty,and with such stipulELtions and agreements as may be requisite in the premises and to convey and deliver said properties on the payment of the purchase price by said City of Fort , earth. A&` said corporation agrees to enter into a bind- ing covenant and engagement with said City of Fort Worth to refrain and abstain forever from giving ,selling or vending water from the: aforesaid wells to consumers or users of water and to oovenart and eng, a itself never to turn wewter,or per- mit or allow water to,b ,.turned in the mains and. pipes so conveyed to said City,or into any other mains and pipes that should be laid to oc connected with said wells,or in any manner to enter into competition or rivalry with said City of Fort Worth by selling ,giving or donating water to public or private consumers or users of same. Provided,however,that water from said wells may sold in bottles at the well site to be vended and sold in bottles for drinking purposes to private consumers 'but not otherwise., In the event that any part of the title to the property should be in doubt or should, need to be perfected, then,a proportionate part of the purchase price may be with- held by they City of Fort Worth until said title sh°,ll have been perfected to its satisfaction. A schedule of the property herein conveyed is attached and marked "Exhibit A" fox identification; but it Is further stipulated that save for the property excepted from the scope of this contract,,all property,real ,personal and mixed,franchises and easements belonging unto said WEST SIDE WATER COMPA Y,is intended to be conveyed under this con- tract whether therein specifically enumerated or not. It is further provided that the City of Fort Forth shall have one year from and after the completion of the con- tract within which to dismantle and remove they machinery,meohan- ical apparatus,struotures,basins and reservoirs situated can the well site which well site itself,with the four wells there- on is exoeptsd from they scope of this conveyance. It is further stipulated that, the well site which .ch`' is excepted from this contract is a certain tract located on an 84 acre tract of the Hays Covington Survey in Tarrant County, Texas,on the Northeast shore of Lake Ccmo,and is in size about 500 feet long by 285 feet wide. It is further stipulated that Block 90,herein - above ,mentioned,is a triangular piece of lend bounded on the West by Twelfth Htreet,on the North by Ninth Avenue,and on the Southeast by Arlington Heights Boulevard,now known as Camp Bowie Boulevard. P.3. It is further stipulated that the WEST SIDE WATER COMPANY shall continue to operate the said Plant until October 1,1923,whan possession thereof shall be, taken by the City of Fort Worth and until said time the said West Side Water Company is to pay all expenses of the operation of said Plant and to collect and receive the revenue therefrom. All improve- ments and extensions in said system in the meantime to be made by and at the expense of the City of Fort Worth. It is further stipulated that the City of Fort Worth is to assume all City,State and County taxes for the year 1923, t:o October 1,1923, saas tay f IN WITNESS 7FHEREOF,the said WEST SIDE WATER COMPANY hath caused these presents to be subscrIbed,for and ori its behalf,by its President,on this the 23 day of August,,AiD. 19,23. WEST SIDE WATER COMPANY BY_ I.p.Yarbroug h. President ATTEST: IR.J.Boyle, Secretary. be,and the same is hereby accepted and the Mayor of the City of Fort Worth be,and h is heteby authorized,empowered and Instructed for and on behalf of the City of Fort Worth,to take over and purchase the aforesaid properties from said West Side Water Company in accordazice with the foregoing prop- *sA,,t,j,cn aAd,, that said properties when;,so aoquized, ble- and-,ba- come a, part of the water system of the City of Fort Wor'th,and�' be included in that department of which the Commissioner of Water and Sewers has immediate oharge,under ,.,,and by virtue of the provisions of the Charter of the City of Fort Worth. SECTION 2: That there Is hereby appropriated out of available funds,growing out of the sale of water acrd sewer bonds of the City of Fort Wortb,authorized at the election held ,December 31,11922,a sufficient sun of money to pay the purchase price of th6 foregoing properties,and that said moneys shall be,-,, paid when and as title to thy, aforesaid property is perfected and such title by appr,�,,qpririte instruments duly executed, is vested in the corporate government of the City of Fort Worth. SECTION 3: That this ordinance shall take effect froya and after its passage and it is so enacted. ..........