HomeMy WebLinkAboutO-1962-655
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AN ORDINANCE No. 655
GRANTING A FRANCHISE TO BAYSHORE INDUSTRIAL '{lATER
COMPANY TO OWN AND OPERATE A V!ATER SYSTEM IN CERTAIN
TERRITORY HEREINAFTER DESCRIBED, BOTH WITHIN THE 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 COJvlMISSION OF THE CITY OF LA PORTE:
1. In consideration of the fu:rnishing of water to the ci ti-
zens of the territory hereinafter described, there is hereby granted to the
BAYSHORE INDUSTRIAL WATER 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
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 lIDder the surface of the
street. .All said mains and appurtenances shall be installed and maintained
in a good workmanlike 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
in accordance vii th 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 to 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
resulting 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
heretofore finally annexed to this City, this franchise shall become effective
upon its annexation to this City.
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.' ORDINANCE NO. 655_
PAGE 2
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6. The territory to which this franchise is and shall become
applicable to, is described as follows:
All of that area wi thin or encircled by the City of La Porte
and lying north of the Texas & New Orleans Railroad tract, which railroad
runs generally in an easterly, westerly direction.
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I ORDINANCE NO. 655
,PAGE 3
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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 llTarch 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 trelve 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 Com-
pany for said twelve month period from its sales made direct by Company
to ultimate consumers for consumption within the corporate limits of the
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Ci ty; less a sum equal to the aggregate amount 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
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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 business" 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
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 carmot agree to a "fair value" then
the City shall appoint one engineer, the Grantee shall appoint one engineer
and the tV10 so appointed shall elect another engineer to determine such
"fair value" and the value arrived at by the three engineers shall be the
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ORDINANCE NO. 655
PAGE 4
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price of rrfair 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
engineers in arriving at said "fair value", share and share alike.
Before the City shall purchase or cause to be purchased
such property the matter of such aquisition shall be submitted at a muni-
cipa1 election to be determined by a majority vote of the qualified tax-
payers voting thereon.
PASSED AND APPROVED this the lOth day of AutlUst
1962.
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ATTEST: ji' .
{;(~7/ ~??lJ
City Secretary, Ci ty of La Porte, Texas
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I Cl~vi8 D., Mann, City Clerk of the City of La Porte, Texas. hereby
certIfy that all requiremen',s of the City Char:er of the City of
~a Porte have heen cornp!:t,d with in the promulgn~ion and/or
Issuance of this Ordinance (No. .....u.b..t;;:s::..u............) as follows:
Reading (s) .I.l/fI!.rr...I.~.!e.4:~..._ .~.€:.!:..Cu.u:?::.!.!../fj~.~
(1st) (2nd)
Publication (8) _.~.!f."~~.-?-.~.?::.i. J2..~r:..t4._':1.e.!!r.:.l!A.~..{!!:.r/J'j6). ;'
(~) f2.:ad)
,Provisions of OrdinaDce effective _._.1'~J.:/e- M.8E/Z. ,'j...(.!t.J.9..~#
(Date)
Signed: &'I?: ~p, ';?;na-n-'-/
ClovD D. Maaa
City Clerk
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RE: Ordf ance No. 655
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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, on the
10th day of
August
, 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 corporate seal of
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the City of La Porte, Texas, this the
10th
day of August
1962.
~/; ff_ 9-hh_~
City Clerk
(SEAL )
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Passed and approved on second and final Reading on this the 21st
day of September , 19 ~.
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