HomeMy WebLinkAboutO-1962-650
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AN ORDINANCE NO.
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650
GRANTING A FRANCHISE TO BAYSHORE INDUSTRIAL V/ATER
COMPANY TO OVJN AND OPERATE A WATER SYSTEM IN CERTAIN
TERRITORY EEREINAFI'ER DESCRIBED, BOTH VIITHIN TEE CITY
OF LA PORTE AND ADJOINING THE CITY OF LA PORTE; AND
ORDAINING OTHER :MATTERS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
1. In consideration of the furnishing of water to the citizens
of the territory hereinafter described, there is hereby granted to the
BAYSHORE INDUSTRIAL V/ATER COMPANY, its successors and assigns, a franchise
to operate a water plant, lay and repair pipes, meters, laterals, and other
necessary conveyances for water in, upon and across the streets, alleys,
public ways and places of the City of La Porte, and in the territory
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described hereinafter.
2. This franchise shall expire fifty (50) years after the
date of final passage of this ordinance.
3. All mains, lines and appliances shall be so constructed
as to not unreasonably interfere with the traffic on streets and alleys, and
such system shall be laid not less than 18 inches under the surface of the
street. All said mains and appurtenances shall be installed and maintained
in a good W'orlm1a.n1ike manner.
4. The Grantee of this franchise agrees to restore any street
or other public place which it is necessary to break or open for the erection,
construction, extension or maintenance of its system to its former condition
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in accordance with the requirements of the ordinances of City. The Grantee
assumes all liability which may be occasioned as a result of the breaking or
opening of any street or public place and the failure 10 properly restore same,
and in this connection the said Grantee will hold and save the City of
La Porte harmless from any and all claims, causes of action or damages
resul ting from, or in connection with, the opening or breaking of any of
said streets or public places.
5. A portion of the hereinafter described territory is wi thin
the present city limits of the City of La Porte, but a portion thereof has
not yet been annexed to this City. .As to the portion of said territory not
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heretofore finally annexed to this City, this franchise shall become effective
upon its annexation to this City.
ORDINANCE NO. 6.
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6. The territory to which this franchise is and shall become
applicable to, is described as follows:
Beginning at the point of intersection of the south right-of-
way line of Cardiff Road, also known as Fairmont Parkway and the center line
of the G.H. & S.A. Railroad;
Thence in a westerly direction along the south right-of-way
of Cardiff Road to its intersection with the west city limits line of the
City of La Porte, said point being also in the La Porte Independent School
District boundary;
Thence in a southerly direction along said city limits line
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to its point of intersection with the north right-of-way line of Red Bluff
Road'
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Thence in a southeasterly direction along the north right-of-
way line of Red Bluff Road and following its various curves and meanders to
the west right-of-way line of Texas State Highway No. 146; and continuing
in a southeasterly direction on a projection of the north right-of-way line
of Red Bluff Road, to a point of intersection with the east right-of-way
line of State Highway No. 146;
Thence in a southerly direction along the east right-of-way
line of Texas State Highway No. 146 to a point of intersection with the
north right-of-way line of Red Bluff Road;
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Thence in an easterly direction along the north right-of-way
line of Red muff Road and following its various curves and meanders to the
west right-of-way line of Toddville Road;
Thence in a northeasterly, northerly and northwesterly direc-
tion along the west right-of-way line of Toddville Road to a point of inter-
section with the south boundary of the Bayshore :Municipal Utility District;
Thence in a westerly direction along the south boundary of
said Bayshore MUnicipal Utility District to a point of intersection l7ith the
east right-of-way of State Highway No. 146;
Thence in a northerly direction along the east right-of-way
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line of State Highway No. 146 to a point of intersection with the south
ci ty limits line of the town of Shoreacres;
ORDINANCE NO. .
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Thence in a westerly direction along the south city limits
line of the town of Shoreacres and a westerly projection of said line to
a point of intersection with the center line of the G.R. & S.A. Railroad;
Thence in a northerly direction along the center line of the
G.R. & S.A. Railroad to its intersection with the south right-of-way line
of Cardi ff Road, the point of beginning.
7. As compensation to City for the use and occupancy of
its public roads, ways, highways, lanes, alleys, bridges, parks and other
public places in the City, and in consideration for the other rights and
privileges herein granted, Company agrees to pay the City on March 15 of
each year occuring during the continuance of this agreement, a sum of
money equal to two (2%) per cent of its gross receipts from billings for
the twelve month period from January 1 to December .:31, inclusive, next
preceding such March 15, -- exclusive of receipts from the sale of water to
the City of La Porte or any department thereof -- received by the Company
for said tvrelve month period from its sales made direct by Company to
ultimate consumers for corisumption within the corporate limits of the City;
less a sum equal to the aggregate amOlmt of any license, charge, fee, street,
or alley rental, or any other charge, or levy, or character of tax, for use
or occupancy of the public roads , ways, highways, lanes, alleys, bridges,
parks or other public places.
8. The City of La Porte reserves the right to purchase from
the Company the franchise and distribution system of the Company pertaining
to the distribution of water hereunder at the end of ten (10) years from
the date of this franchise and at the termination of each five (5) year
period thereafter. In the event of such exercise of option the City of
La Porte shall be required to pay the Company only for the tangible property
making up said distribution system as hereinafter set out and provided and
shall not be charged and pay any price for the franchise, good will or
"going businesstl of the Company. In the event of the exercise of such
option by the City of La Porte at the stipulated times the price to be paid
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ORDINANCE NO. ___
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to the Company shall be an amount equal to the then "fair value" of said
system. In the event the City elects to purchase the system at its "fair
value" and the Company and the City cannot agree to a "fair value" then
the City shall appoint one engineer, the Grantee shall appoint one engineer
and the two so appointed shall elect another engineer to determine such
"fair value" and the value arrived at by the three engineers shall be the
price of "fair value" to be paid by the City to the Company for said
system. The City and the Company shall jointly pay the cost of such engi-
neers in arriving at said "fair value", share and share alike.
Be fore the City shall purchase or cause to be purchased such
property the matter of such aquisi tion shall be submitted at a municipal
election to be determined by a majority vote of the qualified taxpayers
voting thereon.
PASSED AND APPROVED this the
6dv
day of d//1f
1962.
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City Secreta:ry, City of La Porte, Texas
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THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
I, the undersigned, City Clerk of the City of La Porte,
Texas, do hereby certify that the above and foregoing is a true and
correct copy of an ordinance passed by the City Commission of the City
of La Porte, Texas, em tlle 6t:i day of !4 ,1962, (and of
the minutes of both meetings pertaining thereto), all duly recorded in
the permanent records of the City.
GIVEN UNDER :MY OFFICIAL HAND and the corpar ate seal of
the City of La Porte, Texas, this the 6 ~ day of 9~ . 1962.
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~./' L.R. ~4.--..J
City Clerk
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