HomeMy WebLinkAboutORD 20-Lt�N ORDINANCE
GRANTING TO BEAUMONT CITY LItiLS, INC., A TEXAS COR-
PORATION,.A FRANCHISE TO.ESTABLISH, MAINTAIN.AND.OPERATE
OVER. THE STREETS OF THE CITY OF. BEAUMONT, TEXAS, A. BUS
SYSTEM.FOR.LOCAL TRANSPORTATION OF PASSENGERS FOR HIRE;
GRANTING SAID FRANCHISE FOR.AN INDETERMINATE PERIOD;
PROVIDING FOR THE EXTENSION OF SAID.FRANCHISE.TO.ANY
TERRITORY ANNEXED III. THE. FUTURE; ESTABLISHING DEFINITE
ROUTES OVER AND UPON WHICH BUSES SHALL -TRAVEL AND.FOR
THE.CHANGING AND ALTERATION OF SAID.ROUTES AND FOR.ESTA-
BLISHING ADDITIONAL.ROUTES; PROVIDING DEFINITE SCHEDULES
AND FOR CHANGES AND ALTERATIONS IN. SAID SCHEDULES.; PRO-
VIDING FOR "TRIPPER SERVICE", DEFINING SAID TERM AND
ESTABLISHING.RATES THEREFOR; PROVIDING FOR -REGULAR" BUS
STOPS.UPON THE CITY.STREETS; ESTABLISHING KINDS -AND RATES
OF FARE AND. PROVIDING. FOR A CHANGE- IN.THE SAME; ESTA-
BLISHING THE RIGHT.FOR.SAID BUSES -.TO CARRY GOVERNMENT
IVIAIL. UP ON THE CITY STREETS; ESTABLISHING A METHOD AND
MEANS OF DETERMINING.7HETHER RATES.OF.FARE SHALL -BE
INCREASED; PROVIDING FOR.COMPENSATION TO BE PAID THE CITY
OF BEAUMONT UPON -THE GROSS RECEIPTS AND THE METHOD.OF
INCREASE OR DECREASE OF SAID COMPENSATION AND THE - TIME
OF PAYMENT; REQUIRING THE BUS COLIIPANY. TO KEEP BOOKS . OF
RECORD AND STOCKS ISSUED AND CARRYING SURETY -BONDS; _
_ PROVIDING -THE RIGHT OF PURCHASE BY -THE CITY OF BEAUMONT
VF SAID FRANCHISE AT ANY TIME AFTER TEN (10) YEARS AND.
E IVIETHOD OF. SAID PURCHASE AND PROVIDING THE MANNER OF
DETERMINING THE PRICE SHOULD THE CITY_DESIRE TO PURCHASE;
.PROVIDING THAT SAID FRANCHISE.BE A -BINDING OBLIGATION _
AND CONTRACT BETWEEN -THE CITY AND THE COMPANY;.PROVIDING
THAT IF . ONE . PORTION OF. THE . ORDINANCE OR CONTRACT BE ... .
DECLARED INVALID, IT WOULD NOT.AFFECT OTHER.PORTIONS;
PROVIDING.THE.TIME.FOR THE TAKING-EFFECT.OF SAID.FRANCHISE_
AND THE CONDITIONS THEREUNDER,
BE IT ORDAINED by the City Commission of the City
of Beaumont, Texas:
SECTION 1. - DEFINITION OF TERMS.
The word "Company" whenever used in this Ordinance shall
be held to mean BEAUMONT CITY LINES, INC., a Texas corporation,
its successors and assigns.
The word "City" whenever used in this Ordinance shall
be held to mean the incorporated City of Beaumont, Texas,
and to include not only the present corporate limits of said
City but the corporate limits as they may-bd� hereafter ex-
tended and such adjacent territory, which may for the purpose
of this Ordinance come under the jurisdiction of the City.
The words "City Commission" whenever used in this
Ordinance shall be held to mean the present City Commission
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elected as provided for in fthe City Charter of Beaumont,
Texas, or the incumbents of any offices, hereafter created
by law or by charter performing similar functions.
The word "Streets" whenever used in this Ordinance
shall be held to mean and include all of the public streets,
highways, alleys, bridges, public travel areas and other
public ways in the City of Beaumont, Texas, and adjacent
territory however they may.be designated.
SECTION 2. - NATURE OF GRANT.
The authority, right, privilege and franchise is
hereby granted
to BEAUMONT CITY LINES,
INC., a
Texas cor-
poration, its
successors and assigns,
for and
in considera-
tion of and subject to the conditions, agreements and pro-
visions of this Ordinance hereinafter set forth, to esta-
blish, maintain and operate over and upon the Streets of
the City of Beaumont, Texas, and adjacent territory, as
hereinafter stated, a bus system for the local transporta-
tion of passengers for hire by trackless vehicles propelled
by power generated within the vehicle itself by gasoline,
crude oil, electric power or otherwise, all in accordance
with the terms, conditions and provisions of this Ordinance.
Such authority, right and privilege hereby granted shall
continue in full force and effect until the same shall be
terminated by purchase by the City in the manner herein-
after provided for,or forfeiture under the provisions hereof
or the provisions of the City Charter.
SECTION 3. - E,XTENSION BY ANNEXATION.
Upon the annexation of -any territory to the City, the
portion -of any of -said utility that may be located or operated
within such annexed territory and upon the Streets, alleys
or public grounds thereof,'shall thereafter be subject to all --
the terms of this grant, as though it were an extension made
thereunder.
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SECTION 4. - ROUTES.
Regular motor bus transportation service shall be
established, operated and regularly maintained over and upon
routes hereinafter specified, and in the event of inter-
ference with or obstruction to the said transportation ser-
vice affected and determined -by reason of the physical con-
ditions of streets, alleys and thoroughfares, the nearest
available and conveniently operative alternate route shall
be used until such interference or obstruction shall have been
removed or obviated. The City shall maintain the streets
used by the Company in suitable conditions for its operations,
but for failure so to do the City shall in no event be held
liable in damages nor shall the City be deemed to have
violated its requirements if it -shall permit the use of the
nearest available alternate route, over which said Company
may operate. Routes may be otherwise altered or changed in
the manner hereintprovided.
The said routes hereinbefore mentioned are substantially
as follows:
ROUTE 1. - Sabine: Beginning on Orleans Street at Fannin
Street, -thence southerly on Orleans Street to'Milam Street;
thence westerly on Milam Street to Park Street; thence south-
erly on Park Street to Emmett Avenue; thence easterly on
Emmett .Avenue to Sabine -Pass Avenue; thence southerly on Sabine
Pass Avenue to Shamrock Street; thence easterly on Shamrock
Street to Irving Avenue; -thence southerly on Irving -.Avenue to
Doucette Avenue; thence easterly on Doucette Avenue to Grove
Street and return via same route.
ROUTE 2. - Magnolia: Beginning on Orleans Street at
Fannin Street; thence northerly on Orleans Street to Calder
Avenue; thence westerly on Calder ,Avenue to Magnolia Avenue;
thence northerly on Magnolia Avenue to Leight Street and
return via same route.
ROUTE 3. Calder: Beginning"a-t7-tannin Street on Pearl
Street, thence northerly on Pearl Street to Calder Avenue;
thence westerly on Calder Avenue to Eighth Street; thence
northerly on Eighth Street -to Hazel Avenue; thence westerly
on Hazel Avenue to Tenth Street; thence southerly on Tenth
Street to Calder Avenue; thence easterly on Calder Avenue to
Eighth Street; and return via Calder Avenue and Pearl Street
to place of commencement.
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ROUTE 4. - Park. Beginning at Fannin Street on Pearl
Street;. -thence southerly on Pearl Street to_Milam Street;
thence westerly on.Milam Street to._Park Street; thence .
southerly on Park Street to Harriot.Street; thence easterly
on Harriot Street to Park Street; thence southerly on Park
Street to Elgie Street; thenL�asterly on Elgie Street to
Kenneth Avenue; thence southerly on Kenneth Avenue to Wood-
row Street; thence easterly on Woodrow Street to Highland
Avenue; thence northerly on Highland Avenue to Elgie Street;
thence westerly on Elgie Street'to Kenneth Avenue; returning
via same route.
ROUTE 5..- College: Beginning at Fannin Street on
Pearl Street, thence southerly on Pearl -Street to College
Street; thence westerly on College.Street to Amarillo
Street;returning via same route to College Street and Orleans
Street; thence northerly on Orleans Street to Bowie Street;
thence easterly on Bowie Street to Pearl Street; thence
southerly on Pearl Street to Fannin.Street, point of beginning.
ROUTE 6. - Royal: Beginning at Fannin Street on Pearl
Street; thence southerly on Pearl Street to.Milam Street;
thence westerly on IUlilam Street to Park Street;` thence
southerly on Park Street to Royal Street; thence westerly
on Royal Street to -Avenue "F"; thence southerly on Avenue
"F".to Corley Street; thence westerly on Corley Street to
Avenue !'H"; thence northerly on Avenue "H!' to Blanchette
Street; -thence easterly on Blanchette Street to Avenue "F";
thence southerly on Avenue "F" to Royal:.Street, returning via
same route to Orleans Street.and Milam Street; thence
northerly on Orleans Street to Borrie Street; thence easterly
on Bowie Street to Pearl Street; thence southerly on Pearl
Street to.Fannin Street, point of beginning.
ROUTE 70 - Laurel: Beginning at Fannin Street on
Orleans Street; thence.northerly on Orleans Street to Laurel
Avenue; thence westerly on Laurel Avenue to Fourth Street;
thence southerly on Fourth Street to South Street; thence
westerly on South Street to -.Seventh Street;.thence southerly
on Seventh Street to Pecos Boulevard; thence westerly on
Pecos Boulevard to Tenth Street, returning via same route
to Willow Street; thence northerly on Willow Street to Liberty
avenue; thence easterly on Liberty Avenue to Orleans Street;
thence southerly on Orleans -Street to Fannin Street.
ROUTE 8. .Avenue "A": Beginning at Fannin Street on
Orleans Street; thence southerly on Orleans Street to Franklin
Street; thence westerly on Franklin Street to .Avenue "A";
thence southerly on Avenue "All to Nashington Boulevard;,thence
westerly on Washington Boulevard to Houston Street; returning
via same route.
ROUTE 9. - Voth.Road: Beginning at Fannin Street on
Orleans Street; thence northerly'on Orleans Street to Willow
Street; thence northerly on Willow Street to Calder Avenue;
thence westerly on Calder Avenue to Mariposa Street; -thence
northerly on Mariposa Street to Gladys Avenue; thence westerly
on Gladys Avenue to Gulf Street; thence.northerly on Gulf
Street to Spruce Avenue; thence westerly on Spruce Avenue
to Concord Avenue; thence -northerly on Concord Avenue to the
City Limits, returning via same route..
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,additional routes may be established and said initial
routes, as well as any additional routes so established, may
be altered, modified or abandoned by the Company from time to
time as hereina-ftux provided.
The Company shall maintain a reasonably adequate sche-
dule for the accommodations of its passengers on said initial
routes, as well as all other routes that may be hereafter
established.
SECTION 5. - SCHEDULES.
The hours of s`.ervice and headways on each route shall
be such as will provide reasonably adequate transportation
service on each route.
Any changes in schedules, as well as in all matters
relating to changes in, extension of, or abandonment of routes
and matters relating to additional routes shall be made in
accordance with the provisions of the Charter of the City of
Beaumont, and any and all ordinances passed In conformity
therewith.
SECTION 6. - TRIPPER SERVICE.
The Company shall furnish and provide additional service
known as "Tripper Service" at such time and over such routes
as is necessary to furnish adequate service, as conditions
may from time to time require. The Company shall charge the
same rate or rates of fare for such Tripper Service as said
Company is hereinafter permitted to charge for its regular
service.
SECTION 7. - BUS STOPS.
Subject to the approval of.the City Commission, the
Company may designate such bus stops as it may desire, and
shall have the right to equip the same with markers approved
by the City Commission. At all designated stops of the motor
bus lines of the Company, the City shall set aside such space
or zone as in the judgment of the City Commission will be
adequate in which other vehicles shall not be permitted to
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interfere with thebus' operation, to the end that the safety,
convenience and welfare of the patrons and public may be
safeguarded. The City shall also establish and enforce such
traffic rules and regulations as in its judgment will serve
to expedite the movement of the Companyts buses.
SECTION 8. - FARES.
Subject to modification as hereinafter provided, the
fares covering one (1) continuous ride between any of the
points on routes herein specified or as hereafter provided,
within the City limits of Beaumont, Texas, shall be as follows:
KIND: OF FARE
Regular Cash Fare
Children between the ages of five (5) and
twelve (12) (other than fare of school
children as hereinafter provided)
School children (subject to the conditions
hereinafter named)
Children under five ( 5 ) years of age when
accompanied by a revenue passenger
Firemen and Policemen as hereinafter
provided
Transfer
AitE - OF' I FARE
Six Cents (6g,)
Three Cents (3g)
Three Cents (3X)
Free
Free
Free
School tickets or tokens at the rates stated above will
be subject to the following restriction: they will be issued
only to school pupils attending the grade schools and high
schools
in the
City of
Beaumont.
They will
be
accepted
as
fare
from the
above
between
the hours
of Six A.
M.
and Six P.
M.
on
school days and shall be sold under such reasonable regulations
as the Company may adopt, subject to the approval of the City
Commission.
All -transfers shall be -limited to the same or diverging
direction and no transfer shall enable a passenger to ride to
the vicinity from which he started without paying a second
fare. A transfer issued shall be used by the person to whom
it is issued only and on the next bus leaving the point of
transfer. The Company may make such reasonable rules and
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regulations as it may deem necessary to prevent the misuse of
transfers.
Regular Policemen and Firemen, when in uniform, shall
be permitted to travel free. Policemen in plain clothes, when
regularly employed as police officers of the City, shall be
permitted to travel free when on duty and carrying official
pass or tickets or tokens issued by the Company, vihinh the
Company agrees to issue.
If it so desires, the Company may carry mail for the
Government of the United States in or upon its buses, as well
as newspapers to be delivered at any point within the City
limits of the City, as they now exist or may hereafter be_
extended, so long as it does not interfere with the carrying
of passengers.
The rate of fare provided for herein is a material
reduction from that heretofore in effect. The Company has
undertaken to maintain this rate of fare based upon present
wages, materials and commodity costs. If wages, materials
and/or commodity costs are increased substantially so as to
materially reduce the net income of the Company, the Company
shall, upon due application and presentation of proof and
hearing as hereinafter provided for, be granted an increase
in its rate of fare to correspond with such increase in wages,
material and/or commodity costs; provided, however, that
nothing herein shall deprive the City of any rights it has
under the City Charter to regulate rates of fare.
Application for increase in rate of fare may be made by
the Company in writing to the City Commission who shall,
within ten (10) days after receipt of said application, grant
a hearing thereon and shall, within a reasonable time there-
after, fix the rate of fare in accordance with the provisions
C i ty'
hereof, the /Carter and the evidence before the City Commission.
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In determining what should be a reasonable rate of fare
the Commission shall have power to inspect the books of the
Company and to compel the attendance of witnesses at mid
hearing.
The Company shall have the right to appeal from any
decision of the City Commission to any Court of competent
jurisdiction.
SECTION 9, COI&ENSATION TO CITY.
From and after the taking effect of this Ordinance and
annually thereafter, during the term hereof, the City Com-
mission (so long as required so to do by the Cityts Charter
as amended and in compliance therewith) shall fix and levy
by ordinance or resolution the percentage rate of gross
receipts tax to be collected from the Company during each
ttivelve (12) monthst period, which said gross receipts tax
the Company agrees to pay and which said tax shall not be in
excess of two percent (2/1�1.) of the gross receipts of the Company,
unless the City Charter .is hereafter amended so as to authorize
an increase. The initial tax to be paid is hereby fixed at
one percent (1/%") of the gross receipts of the Company and shall
not be increased except in accordance with the above provision.
Such tax so required to be paid by the Company shall be
due and payable on the first day of June of each year for the
preceding calendar year, and shall be exclusive of and in
addition to all ad valorem taxes upon the value of the fran-
chise and other -property of the Company and all lawful occu-
.—pation taxes imposed upon the occupation or calling of the
Company. The amount of such compensation may be changed from
time to time as in the opinion of the City Commission may be
just and reasonable, and the amount of tax so imposed shall not
be such as will of itself deprive the Company of a fair return.
SECTION 10. e BOOKS AND RECORDS.
The Company shall at all times during the term hereof
comply with the provisions of the Charter and ordinances
of the City of Beaumont, Texas, insofar as said Charter and
ordinances now in force or hereafter passed provide for the
keeping of books and records, reports, stock and securities
issued, and the carrying ofinsurance or surety bonds.
SECTION 11. COMIIETI TI ON.
This grant shall not be construed to be an exclusive -
grant and franchise for the carrying of passengers for hire,
but the City will exercise its power in accordance with City
Charter to reasonably protect the Company against the com-
petition of other motor bus lines, jitney operations or
taxicabs doing other than a strictly cab business, which
would tend to materially interfere with the profitable and
economical operation of the transportation system provided
for herein so long as said Company maintains adequate
service.
SECTION 12. - HIGHT OF PURCHASE.
It is the intention of the parties that this shall be
considered an indeterminate franchise within the meaning of
the provisions of the Charter of the said City relating to
indeterminate franchises and the City accordingly shall have
the right at any time after ten (10) years from the date
this Ordinance takes effect to purchase the property of the
Company devoted to the public service under this franchise
and, upon such acquisition, the franchise and all privileges
enjoyed hereunder shall terminate; provided that before the
City shall purchase such property the matter of the acquisi-
tion of such property shall, in accordance with the provisions
of the said Charter, be submitted at a general election or a
special election called for the purpose to be determined by
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a majority vote of the qualified property taxpaying voters
voting thereon.
When the City shall have complied with the provisions of
its Charter with respect to acquiring the property of the
Company, it shall give six months' notice in writing to the
Company of its intention to so acquire the said property at
a value to be determined in the following manner:
The City shall designate one arbitrator and shall advise
the Company in writing the name of the arbitrator so designa-
ted. Within thirty (30) days thereafter, the Company shall
designate an arbitrator and advise the. City the name of the
arbitrator so designated. The two so selected shall designate
a third arbitrator. If the two arbitrators selected by the
City and the Company fail to agree on a third arbitrator
;within thirty (30) days after their selection, then the third
arbitrator may be selected by any person holding the office
of Judge of the District Court of Jefferson County to whom
the City may apply for such appointment. If the Company
shall refuse for thirty (30) days after being advised by the
City of the selection of its arbitrator, to select the arbi-
trator for the Company, the value of the said property shall
be fixed by a vote of a majority of the City Commission.
Such property may be taken subject to any outstanding
indebtedness authorized by,the Constitution and the laws of
the State of Texas, not in excess of the agreed or arbitrated
value and the City, in such case, shall expressly assume such
indebtedness in uniting.
Within three (3) months after said value shall have been
agreed upon'.or.fixed as aforesaid, the City shall pay the
amount thereof to the Company,.whereupon the City shall be
entitled to have conveyed to it and shall be given possession
of such property, and any grant conferred upon the Company
by this Ordinance shall thereupon cease and determine.
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SECTION 13. - PROVISIONS OF CHARTER TO APPLY.
The City, insofar as it lawfully may, agrees that when
this Ordinance becomes effective and is accepted by the
Company in the manner hereinafter provided for, it shall be
binding upon the City and the Company as a contract. The
provisions of the Charter of the City, however; insofar'as
such provisions are applicable and to the extend to which
they may not lawfully be superseded by this contract, shall
be considered a part hereof as though expressly written herein
and the Company shall be bound thereby.
SECTION 14. - VALIDITY.
Each section of this.Ordinance and each part of, each
section hereof is hereby declared to be an independent section
or part of section, and the holding of any section or part
thereof to be unconstitutional, void, illegal, ineffective or
contrary to the provisions of the Charter of the City of Beau-
mont, Texas, or any amendments thereto, for any reason, shall
not affect any other section or part of section of this
Ordinance.
SECTION 15. -.ACCEPTANCE OF FRANCHISE. '
This Ordinance shall take effect sixty (60) days from
and after its adoption on third and final reading as provided
by the said Charter unless a petition or petitions shall be
presented to the City Commission in accordance with the pro-
visions of the Charter for the submission of the question of
the granting of said franchise to a vote of the qualified
voters of the City of Beaumont, in which event, it shall take
effect in the manner and at the time prescribed in the said
Charter. Within thirty (30) days after the Ordinance takes
effect, the Company shall file with the Clerk of the City
Commission a written acceptance of the same, and when this
Ordinance shall have been accepted by the Company, such
Ordinance and acceptance shall constitute the contract between
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the City and the Company for all the uses, services, and
purposes set forth in this Ordinance, and the Company, by
its acceptance of the provisions of this Ordinance, binds
itself to provide the necessary motor buses and to establish,
operate and maintain the local transportation service con-
templated in this Ordinance; beginning not later than ninety
(90) days from the date of acceptance of this Ordinance by
the Company, unless such time shall be extended by the City
Commission, and continuing without substantial interruption,
except for causes beyond its control, until the expiration
of the term of this grant. In the event that the said
Company fails to file written acceptance within the time
hereinbefore specified, this grant shall be of no effect and
void. The Company shall not be required to initiate service
under this Ordinance until the termination of the service now
being rendered by the Receiver of the Eastern Texas Electric
Company of Texas, and until the use of the Streets comprising
the routes herein described is surrendered by said Receiver.
SECTION 16.
It is contemplated that -Company will purchase the
'transportation system now operated by Eastern Texas Electric
Company of Texas through M. G. Muse, Receiver, and none of the
rights herein granted Company shall be effective until such
purchase is consummated and Eastern Texas Electric Company,
through its Receiver, shall have discontinued the operation of
and abandonment of its street car system in this City.
This - lltli ` day of June' , 19 37'' .
APPROVED.
o
City .attorney Pf the Mayor of the City of
City of Beaumont,Texas. Beaumont, Texas.
TEST:
C ty_c 1:er1c of the City
of Beaumont, -Texas.
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AN ORDINANCE
I
I AMENDING THE BUS OR DINANCE AND FRANCHISE GIVEN TO T�
BEAUMONT CITY LINES, INC., CHANGING SECTION 4 OF SAID BUS" -
ORDINANCE AND FRANCHISE BY CHANGING ROUTE NO. 2, ROUTE No. 5,
ROUTE No. 6, ROUTE No. 7 and ELIMINATING ROUTE No. 8; -CHANGING
SECTION 8 BY CHANGING THE REGULAR CASH FARE FROM SIX CENTS (6�`)
TO FIVE (5¢) CENTS; BY PROVIDING A CHARGE OF ONE CENT (1�) FOR
TRANSFERS; PROVIDING FREE TRANSFERS FOR CHILDREN BETVMEN THE
AGES OF FIVE (5) AND T107ELITE (12) OTHER THAN FARE OF SCHOOL
CHILDREN AS FURTHER PROVIDED HEREIN; PROVIDING THAT SCHOOL
CHILDREN BETWEEN THE AGES OF FIVE (5) TO SEVENTEEN (1'7) MAY
-- - - -- HIDE "FOR -TOKENS OF -TWO AN1 D-OT,TE-H1�,F-.-GEITTS---(-2.1 -
TRANSFER FOR ONE CENT (lp/), GOOD ONLY ON SCHOOL DAYS BETWEEN
6 A. M. AND 6 P. M., AND PROVIDING FOR ACCEPTANCE OF THIS
AMENDMENT BY BEAUMONT CITY LINES, INC.
NOW, THERREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BEA[TMONT,
JEFFERSON COUNTY., TEXAS,
That the Ordinance and Franchise known as the "Bus
Ordinance and Franchise,"passed the 11th day of June, 1937,
granting to the Beaumont City Lines a franchise for the opera-
tion of busses within the City of Beaumont, be amended in its
Sections.4 and 8 so that -the bus, routes mentioned in said
franchise shall read as follows.-
ROUTE
ollows;
ROUTE 1:
The same as in the original franchise.
ROUTE 2 as follows:
ROUTE 2. m Magnoliao Beginning on Orleans Street
at Fannin Street; thence northerly on Orleans Street to Liberty
Avenue; thence westerly on Liberty Avenue to Magnolia Avenue;
thence northerly on Magnolia Avenue to Leight Street and return
via same route.
ROUTES 3 AND 4:
` The same as in the original franchise.
ROUTE 5 as follows:
ROUTE 5. - College: Beginning at Pearl Street on Fannin
Str.e.e-G-; _.ther-ce s.outher.ly__on- P_earl_:-Stxye_et t_o-. _College- _S_treet_;._thenc_e_
westerly on College Street to Amarillo Street; thence southerly on
Amarillo Street to Franklin Street; thence easterly on Franklih
Street to Houston Street; thence southerly on Houston Street to
Washington Boulevard; returning via sane route to College Street
and Orleans Street; thence northerly on Orleans ;Street to Bowie
Street; thence easterly on Bowie Street to.Pearl Street; thence
southerly on Pearl Street to Fannin Street, point of beginning.
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ROUTE 6 AS FOLLOWS:
ROUTE 6. - Royal: Beginning at Fannin Street on Pearl
Street; thence southerly on Pearl Street to Milam Street; thence
westerly on Milan Street to Park Street; thence southerly on
Park Street to Royal Street; thence westerly on Royal Street to
Avenue "F"; thence southerly on Avenue "F" to Corley Street;
thence easterly on Corley Street to Avenue "C"; thence southerly
on Avenue 110 to Washington Boulevard; returning via same route
to Orleans and Milam; thence northerly on Orleans Street to Bowie
Street; thence easterly on Bowie Street to Pearl Street; thence
southerly on Pearl Street to Fannin Street; point of beginning.
ROUTE 7 AS FOLLOWS:
ROUTE 7. - Pecos Boulevard: Beginning at Orleans
Street on Fannin Street; thence westerly on Fannin Street to
Park Street; the northerly on Park Street to Crockett Street;
thence westerly on Crockett Street to Fourth Street; thence
northerly on Fourth Street to Pecos Boulevard; thence westerly
on Pecos Boulevard to Millard Street; returning via same route
to Crockett Street; thence easterly on Crockett Street to
Orleans Street; thence southerly to Fannin the point of
beginning.
ROUTE 8:
Shall be eliminated.
ROUTE 9:
The same as in the original franchise.
The first portion of Section 8 of said bus franchise
and ordinance shall hereafter read as follows:
SECTION S. - FARES.
Subject to modification as hereinafter provided, the
fares covering one (1) continuous ride between any of the points
on routes herein specified or as hereafter provided, within the
City limits of Beaumont, Texas, shall be as follows:
KIND OF FARE
Regular Cash Fare
Transfer
Children between the ages of five (5)
and twelve (12), other than fare of
school children as hereinafter provided.
Transfers for said children
School children between.the ages of _
five (5) to seventeen (17) years, good
only on school days between 6 A. M. and
6 P. M.J. riding on tokens
RATE OF FARE
Five Certs (5¢)
One Cent W)
Three Cents (3¢)
Free
Two & One-half Cents (22�)
Transfer One Cent (1�)
MVD OF FARE
RATE OF FARE
Children under five (5)' years of age
,Then accompanied by a revenue passenger Free
Firemen and Policemen as provided in
original franchise Free
-Transfers-as mentioned--above-
The rest of Section 8 shall remain as in the original
Franchise and Ordinance.
This ordinance shall take effect in the time provided
by the City Charter of the City of Beaumont. Within ten days
after the Ordinance takes effect the Company shall file with
the Clerk of the Commission a written acceptance of the same
and when the same shall have been accepted by the Company this
Ordinance and acceptance shall constitute an amendment of the
contract between the City of Beaumont and the Beaumont City
Lines, Inc., for the uses, services and purposes set forth in
this amendment and the Company, by its acceptance of the pro-
visions of this amendment binds itself to abide .by the same.
/i
PASSED this the /��day of 938.
APPROVE AS T J-1OR�,1
City Att rney -
MAYOR -
1'l
Sit, e, , 2 6 L
l;-1113?
Vii --lel
AWMING THE BUS ORDINANCE AND FRANCHISE GIVEN TO THE BEAUNONT CITY LINES,
INC., CHANGING SECTION 4 OF SAID BUS ORDINANCE AND FRANCHISE BY CHANGING ROUTE
NO. 2, ROUTE NO. 5, ROUTE NO. 6, ROUTE NO. 7 and ELIMINATING ROUTE N0. 8; CHANG-
DIG SECTION 8 BY CHANGING THE REGULAR CASH FARE FROM SIX CENTS (6g) TO FIVE (50)
CENTS; BY PROVIDING A CHARGE OF ONE CENT (lX) FOR TRANSFERS; PROVIDING FREE TRANS-
FERS FOR CHILDREN BETWEEN THE AGES OF FIVE (5) AND TWELVE (12) OTHER FARE OF
SCHOOL CHILDREN AS FURTHER PROVIDED HEREIN; PROVIDINOx THAT SCHOOL CHILDREN BETWEEN
THE AGES OF FIVE (5) TO SEVEkJTEEN (17) MAY RIDE FOR IOKENS OF TWO AND ONE4iALF
CENTS UM EACH AND A TRANSFER FOR ONE CENT (10), GOOD ONLY ON SCHOOL -DAYS BE-
TWEEN 6 A. M. AND 6 P. M., AND PROVIDING FOR ACCEPTANCE OF THIS AMENDNENT BY BEAU-
MONT CITY LiNESS, INC.
NOW, THEREFORE, BE IT .ORDAINED BY THE CITY COMMISSION OF THE CITY OF
JEFFERSON COUNTY, TEXAS,
That the Ordinance-and.Fianchise known as the "Bus Ordinance and Franchise,"
passed the 111th day of June, 1937, granting to the Beaumont City Lines a franchise
for.the operation of busses within the -City of Beaumont, be amended in its Sections
4 and 8 so that the bus routes mentioned in said franchise shall read as follows;
ROUTE 1:
The same as in the original franchise.
ROUTE 2 as follows:
ROUTE 2.-- Magnolia: Beginning on Orleans Street at Fannin Street; thence
northerly on Orleans Street to Liberty Avenue; thence westerly on Liberty Avenue
to l&gnolia Avenue; thence northerly on Magnolia Avenue to Leight Street and re-
turn via same route.
ROUTES 3 AND 4:
The same as in the original franchise.
ROUTE 5 as follows:
ROUTE 5. - College: Beginning at Pearl Street on Fannin Street; thence souther-
ly on Pearl Street to College Street; thence westerly on College Street to Amarillo
Street; thence southerly on Amarillo Street to Franklin Street; thence easterly on
Franklin Street to Houston Street; thence southerly on Houston Street to Washington
Boulevard; returning via same route to College Street and Orleans Street; thence
northerly on Orleans Street to Bowie Street; thence easterly on Bowie Street to
Pearl Street; thence southerly on Pearl Street to Fannin Street, point of beginning.
ROUTE 6 AS FOLLOWS:
ROUTE 6. - Royal: Beginning at-Fannin7Street on Pearl Street; thence -southerly
on Pearl Street to Milam Street; thence westerly on Milam Street to Park Street;
thence southerly on Park Street to Royal Street; thence westerly on Royal Street to
Avenue "F"; thence southerly on Avenue "F" to Corley Street; thence easterly on
Corley Street to Avenue "C"; thence southerly on Avenue "C" to Washington Boulevard;
returning via same route to Orleans and Milam; thence northerly on Orleans Street to
Bowie Street; thence easterly on Bowie Street to Pearl Street; thence southerly on
Pearl Street to Fannin Street;.point of beginning.
ROUTE 7 AS FOLLOWS:
ROUTE 7. - Pecos Boulevard: Beginning at Orleans Street on Fannin Street;
thence westerly on Fannin Street,to Park Street; thence northerly on Park Street
No Text
� t -1c/
..f
MEREAS, the City Commission of the City of Beaumont,
Jefferson County, Texas, did on the 11th day of June, A. D.
1937, pass and adopt upon third and final reading a certain
ordinance, same being captioned as follows:
and
AN ORDINANCE
"Granting to Beaumont City Lines, Inc. a Texas
corporation, a franchise to. -establish, maintain
and operate over the streets of the City of
Beaumont, Texas, a bus syst6m for the local
transportation of passengers for hire; granting
said franchise for an indeterminate period;
providing for the extension of said franchise
to any territory annexed in the future; esta-
blishing definite routes over and upon which
buses shall travel and for the changing and
alteration of said routes and for establishing
additional routes; providing definite schedules
and for changes and alterations in said schedules;
providing for "tripper service", defining said
term and establishing rat -es therefor; providing
for regular bus stops upon the city streets;
establishing kinds and rates of fare and pro-
viding for a change in the same; establishing
the right for said buses to carry government
mail upon the city streets; establishing a
method and means of determining whether rates
of fare shall be increased; providing for com-
pensation to be paid the city of Beaumont upon
the gross receipts and the method of increase ;
or decrease of said compensation and the time
of payment; requiring the bus company to keep
books of record and stocks issued and carrying
surety bonds, providing the right of purchase
by the city of Beaumont of said franchise at
any time after ten (10) years and the method of
said purchase and providing the manner of
determining the price should the City desire to
purchase; providing that said franchise be a
binding obligation and contract between the City
and the Company; providing that if one portion
of the ordinance or contract be declared
invalid, it would not affect other portions;
providing the time for the taking effect of
said franchise and the conditions thereunder.t°
WHEREAS, said Ordinance has been published in the
Beaumont Journal, the official newspaper in the City of
Beaumont, ,.Texas, in the manner and, for the requisite
�S
length of time as required by the Charter of the City
of Beaumont, Texas, and the publisher of said newspaper
has made due proof of said publication and has filed
such proof with the City Clerk of the City of Beaumont,
Texas, and said Ordinance so granting such franchise
is now
in full
force and effect,
and
Beaumont
City Lines,
Inc., a
Texas
corporation, being
the
grantee
of said
franchise; and
WHEREAS, said Ordinance granting said franchise
has become effective as an Ordinance of said City of
Beaumont; and it is provided in the City Charter of the
City of Beaumont, Texas, that the grantee of any fran-
chise shall signify its acceptance thereof by instrument
in writing, and the Ordinance, by its terms provides that
the Beaumont City Lines, Inc. shall signify its accept-
ance of the grant in writing, filed with the City Clerk
of the City of Beaumor_t, Texas, within thirty (30) days
after the Ordinance takes effect; that final publication
of Ordinance having been accomplished on the 18th day
of June, 1937; and it is the desire of Beaumont City
Lines, Inc. to in all things accept such franchise and
grant;
NOVI, THEREFORE, the Beaumont City Lines, Inc., a
corporation organized and existing under the laws of the
State of Texas, acting herein by and through its duly
authorized officers, does hereby by this instrument
formally accept the grant and franchise hereinabove
referred to and as described in the above mentioned
Ordinance; passed and adopted by the City Commission
2
y
_ a ; cLo --L
of the.City of Beaumont, Texas, on the 11th day of June,
1937, as aforesaid.
IN WITNESS WHEREOF Beaumont City Lines,- Inc. has
caused these presents to be executed, in duplicate
originals, in its name by E. Roy Fitzgerald, its
President, and to -be attested by J. M. Schramm, its
Secretary, and to have its seal impressed hereon as of
date the 20th day of .August, 1937.
ATTEST o BEAUMONT CITY LINES, INC.
_ By�
_ etary. Its . esid
-ESTATE OF ILLINOIS
.COUNTY OF COOK
BEFORE ME, the undersigned authority, a Notary
Public in and for said County and State, on this day
personally appeared E. ROY FITZGERALD, known to me to
be the person whose name is subscribed to the foregoing
instrument as President of the Beaumont City Lines, Inc.
by him, its President, executed, signed, sealed and .
delivered the foregoing instrument for the purposes and
consideration therein expressed, and that he executed
the same as President of the Beaumont City Lines, Inc.
and as the act and deed of said corporation for the
purposes and consideration therein expressed.
GIVEN under my hand and seal of office, this 20th
day of August, A. D. 1937.
_ Notary Public i, and for
Cook County, State of
Illinois.
Filed in the office of the Silty Clerk of. the. Cit
of Beaumont, Texas, on this Z 5 day of ,
1937.
City Clerk of the City of
- Beaumont, Texas.
i
�3
31
• - I
AN ORDINANCE
��—
Q 1/1 1937
ENTITLED AN ORDINANCE FIXING- TPE' GROSS RECEIPTS
TAX OF THE = BEA-0MIONT CITY LINES, INC . FOR ' THE YEAR
1943 AT 11.31 PER CENT AND LEVYING A 1.31 PER
CENT GROSS RECEIPTS TAX ON. THE BEAUNONT CITY LINES,
INC. FORJTHE YEAR 1943.
MiEREAS, the City of Beaumont by ordinance enacted on
- - - ---the_ -.11th:-day of June, -1937-,--gran_ted to -the Beaumont City Lines,
Inc. a' franchise for the operation of busses within the City of
-.Beaumont; and,
WHEREAS', it was provided in Section 9 thereof as fol-
lows:-,.,
Section -9. Compensation to city --From and af-
ter the, taking effect of this ordinance and annually
thereafter, during the term' hereof, the city commis-
sion (so -long as required so to do by the city's
charter as'emended and incompliance therewith) shall
fix and levy by ordinance or resolution the percent-
age rate of gross 'receipts tax to be collected from
the company during each twelve (12) -months' period,
which said gross receipts tax the company agrees to
pay. and which said tax shall not be in excess of two.-,,.,,
per cent (2/) of the gross receipts -of the company,
unless the city charter is hereafter amended so as to
authorize -an _.increase. -_ _The _ initial--t-ax- to_ be _p aid. -is
hereby fixed 'at one per cent (1, -Io 6f --the gross receipts
of the company and -shall not -be increased except in ac-
cordance with the above provision.
"Such tax so -required to be paid by the company
shall _ be due and payable on the first .day- of June of
each year for. the preceding calendar gear, and shall
be exclusive of and in addition to all ad valorem
taxes upon the value of the franchise and other pro-
perty of the company and all lawful occupation taxes
imposed upon the occupation: or calling- of the corn-'
pany. The- amount of such' compensation may be changed
from time to time as- in the opinion. of the city com-
mission may be just and reasonablef and the amount of
tax so imposed,,shall not be .such as gill of itself
deprive the company of a fair return."
and,
WHEREAS, the use of the streets of the . City of Beau-
raont for transportation services by the Beaumont .Cit_y .Lines, Inc. _
has temporarily increased due to the great influx of defense
workers in this area; and,
WAEREAS, the City Commission of the City of Beaumont is
of the opinion that the gross receipts tax of the Beaumont City
Lines, -Inc. should be temporarily increased from One Per Cent (1%)
to One and 31/100
Per Cent (1.31%); that said
1.31 % gross receipts tax is just and reasonable and will not
of itself deprive the Beaumont City Lines, Inc. of a fair return;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY C01091ISSION
OF THE CITY OF BEAUMONT:
Section 1
That for the year 1943 the gross receipts tax of the
Beaumont City Lines, Inc. shall be and is.hereby fixed at
One and 31/100 Per Cent (1.31 %) of the gross receipts of said
company and there shall be and is hereby levied and shall be as-
sessed and collected for the year 1943 a gross receipt s tax on
and from the Beaumont City Lines, Inc. of One and 31/100
Per Cent ( 1.31%) of the gross receipts of said company for the
year 1943.
Section 2
It is intended by this ordinance, in accordance with
Section -9 of the -franchise of--the-Beaumont-City Lines, Inc.,
which Section is quoted supra, to temporarily increase the gross
receipts tax of the Beaumont City Lines, Inc. because of the in-
creased use of the streets of the City of Beaumont for transpor-
tation services by the Beaumont City Lines, Inc. due to the
great influx of defense workers in this area and accordingly to
levy on said company a gross receipts tax of One and 31/100
Per Cent (1.31 %) of the gross receipts of said company for the
year 1943.
PASSED by the City Commission this a t' _ day of March
A. D. 1944,
-2-
M A Y 0 R-
-r- a qq_-
ENTITLED AN ORDINANCE FIXING TRE GROSS RECEIPTS TAX OF TIE BEAUMM CITY
LIiM$ INC. FOR TU YEAR 1943, AT -1.31 PER CENT AND LEVYING A1.31 PER CENT GROSS
RECEIPTS TAX ON THE BEAMIONT CITY LINFS,, INC. FOR THE YEAR -1943.
WHff&kS,.the City of Beaumont by ordinance enacted on the filth day of June,
1937, granted to the Beaumont City Lines, Inc", a franchise for the operation of
busses within the City of Beaumont; and,
WHEREAS, it was provided in Section.9..thereof as follor►s:
"Section. 9.. C^mr Cii tion to city—From end after the taking
effect of this_ ordinance .and annually thereafter. -during the term
hereof, the city commission (so long as required so to do by the.
city's charter as ;amended and in compliance therewith) shall fix,
and levy by,ordinance or resolution the percentage rate of groes
receipts tax to be collected from the compazW during each twelve
(12) months' period, which said gross receipts-taz the comparq.
agrees to and which said tax shall not be' in ;excess. of •,two.._ .
per cent ( of the, gross .receipts ,of the. compaw., unless the.,
city charter is!. hereafter emended so ae'to=authorize"an--increase:
The initial tax to be paid is hereby fixed at ane ' per ..cent _.(l16) -
of .the gross receipts of the ccmpwW and shall not be increased
ezeept in accordance with'Ahe above provision.
"Such tax.so required to. be paid 1y the- compary shall be due
and payable on the.first:day of June of each year for:the preced-
ing calendar year.,. and shan be exclusive of and in addition to, an.
ad valorem taxes upon the value of -the franchise and other property
of the eo:apazW- and -an lawful occupation taxes imposed upon the
occupation or calling of the company. The amount of such -compen-
sation -wW -be 'changed - from • time to time' as - in' the opinion -of - the'"''
city commission'rA, r be ,fust and reasonable, and the amount of tax
so im3osed shall not. be such as will of .itself deprive the camAW
of a -fair return."
and..
WHEHAS, the use of the streets of'the City of -Beaumont -:for .transportation
services by the Beautmont City.Lines, Inc. has.temporarily increased due to the
great influx of defense workers in this area; and,.
WHEREAS,,the City Commission of the City of Beaumont is of the opinion that
the gross receipts tax of the,Beaumant:•City-Linee,:Ine. should be temporarily
Increased. from One Per -Cent (116) to•One and 31/1oo Per- Cent;(1.310 ; that said
1.31% gross receipts tax is just and reasonable and'will.not of itself deprive
the Beaumont City Lines, Inc. of,a fair.return.
Nth, THEREFOR, BE, IT ORVAINED•BY THE CITY COAMSION OF THE CITY OF
BEAUMDNT:
Sect.
That for -the year 1943 the,grose receipts -tax of .the -Beaumont City Lines,
Inc. shall be and is hereby fixed at•One and 31AOO per Cent'(1.31%) of the
gross receipts of said company.and there'shall be and le hereby levied'and-shall
be assessed and collected for the year 1943 al gross receipts tax on and from the
Beaumont City mines, Ine.:of One and 31AOO Per Cent.(1.31%) of the gross receipts
of said ,compar3r for the year 1943.
Sectign2
It is,.Intended by this ordinance, in accordance with Section 9 of the fran-
ehise.of the Beaumont City Lines, Inc., which Section -is quoted supra, .to temporarily
L-
wiiERE l the City Commission of the City of Beaumont, Jeff—
erson County, Texas, did on the 11th day of June, A.D.., 1937, pass
and adopt upon third and final reading a certain ordinance, same being
captioned as follows;
and
AN ORDINANCE
"Granting to Beaumont City Lines, Inc. a aexas Corpora—
tion, a franchise to establish, maintain and operate
over the streets of the City of Beaumont, Texas, a bus
system for the local transportation of passengers for
hire; granting said franchise for ^,n indeterminate
period; providing for the extenvion of said franchise
to any territory annexed in the future; establishing
definite reutes over and upon inich buses shall travel
and for the changing and alteration of said routes.
and for establishing additional routes; providing de—
finite sbhedules and for changes and alterations in
said schedules; and providing for."tripper service",
defining said term and establishing rates therefor;
providing for regular bus stops upon.the city streets;
establishing kinds and rates offare and providing.for
a change in the same; establishing the right for said
buses to carry government mail upon the city streets;
establishing a method and means of determining whether
rates of fare shall be increa-ed;. providing for compen—
sation to be.paid the City of Beaumont, upon the gross
receipts and the method of .increase & Ceceease of raid
compensation and the time of payment; requiring the bus
company to keep books of record and stocks issued -nd
cayr-ying surety bonds;providing the right of purchase
b17 the City of Beaumont of said franchise at any time
after ten (10) ,years and the method of said -purchase
and providing the manner of determining the price should
the City desire to -Purchase; providing that said franchise
be a binding obligation and contract between the City
and the Company; providing that if one portion of the
ordinance or contract be declarers Eihvdlid, it would not
affect other portions; providing the time for the tak-
ing effect o.f said franchise and the conditions thereunder.'?
WHEREAS,, said Ordinance has been published in the Deetumont
Journal, the official newspaper in the City of Beaumont, Texas, in
the manner and for the requisite length of time as required by the
Charter of the City of Beaumont, Texas, and the publisher of said news—
paper has made due proof of said publication and has filed such proof
�3i tL the Gi �� ?Clerk of_c'the City of Beaumont; Texas, and said Ordinance
so granting such franchise is now in full force an0 effect, and Beaumont
i
;11
i ''` l, ate' ` Lam.
" -'%
City Lines Inc., a Texas Corporation, being the grantee of said
franchise; and
WHEREAS, said Ordinance. granting said franchise has become
effective as an Ordinance of said City of Beau ont; and it is provided
in the City Charter of the City of Beaumont, Texas, that the grantee
of any franchise shall signify its acceptance thereof by instrument
in writing, and the Ordinance, by its terms provides that the Beaumont
City Lines, Inc. shall signify its acceptance of the grant in writing,
filed with the City Clerk of the City of Beaumont, Texas, within
thirty (30) days after the Ordinance takes effect; that final publica—
tion of Ordinance on the 18th day of June, 1937;
and it is the desire of Beaumont City Lines, Inc. to in all things
accept such franchise and grant;
NOW) THEREFORE, The Beaumont City Lines, Inc., a corporation
organized and existing under the laws of the State of Texas, acting here—
in by and through its duly authorized officers, does hereb; by this
instrument formally accept the grant and franchise hereinabove re-
ferred to and as described in the above mentioned Ordinance, passed
and adopted by the City Commission of the City of Beaumont, Texas,
on the 11th dasr of Jeune, 1937, as aforesaid.
IN WITNESS WHEREOF Beaumont City Lines, Inc. has caused these
presents to be executed, in duplicate originals, in its name by E. ROY
FITZGERALD, its President, and to be attested by J.M. Schramm, its
Secretary, and to have its seal impressed hereon as of date the 20th
day of ,1ui-ust, 1937.
ATTEST:
/s/J.M. Schramm
Secretary
(Seal)
#2
BEAUT',ONT CITY LINES, INC.
a By /s/ E.Roy Fi.tzterald
President
STATE OF ILLINOIS
COUNTY OF COOK
BEFORE T -M, the undersigned authority, a Notary Public in and for
said County and State, on this day personally aTpea-red E. ROY FITZGERALD,
known to me to be the person whose name is subscribed to -(-,he foregoing in-
strument as President of the Beaumont City Lines., Inc-.
no'. by him., its President.,
executed, signed, sealed and delivered the fore -going instrument for the pur-
poses and consideration therein expressed, and that he executed the same as
President of the Beaumont City Lines'., Inc. and as the act and deed of said
corporation for the purposes and consideration-theroin emp I ressed.
GIVEN UNDER Trl HAND AND SEAL OF OFFICE., this 20th day of �'ugust.,
A.D., 1937.
.ZsZ 11illiam J. I.-Yalsh
(Seal) Notary Public in and for Cook
County., State of Illinois.
Filed in the office of the City Clerk of the City of Naumont,
Texas, on this 25th day of "ugust, 1937.'
IsZ RavnG-,,'id Edmonds
City Clerk of tho City of D@aumont,
Texas.
(seal)
STATE, OF TEXAS
COUNTY OF JEFFERSON
CITY OF MEMO NT
15 WILLIE J. BROCMIM 3 City Clerk of the City of BeaLmont, Jefferson
County, Texas, do hereb, , 7 certify that, the . above and foregoing is a true and
correct copy- of the instru-nuent of acceptance.;Ls filed by the Denimont City
Lines, Inc., a corporation., accepting the franchise ,'-,nd grant as set forth in
above captioned Ordinance of' the , City 'of Beaunnont Texas,
GIVEN UNDER MY TIAND 11IND,33M OF 31`77UYIONT., TEXAS, in my officey in
the City of Beaumont, Texas., 'on -this: the 27th day- of Angust$- A*D*$ 194L7,
City Clerk of the City of Beaumont,
Jefferson County, Texas,,