HomeMy WebLinkAboutORD 34-CAN 0 RDI NAN CE.
AN ORDI9&TCE'GIVING"'P-PaaSeo'ION',TO'.THE BEAUMONT
ELECTRIC LIGHT AND POWER COMPANY AND EE BEAUMONT TRACTION C014PAlYt
TEXAS CORPORATIONS, TO -SELLs -ASSIGN, AND TRANSIER TICEIR EESTECTIVE
PHYSICAL PROPERTIES,PLANTS, RIGHTS, FRANCT--T-ISES 0D BUSINESSES,
OR ANY POR TION THEIMOr " T0� -T1-]E1.'JW'`FE'RS'ON COUNTY " TRACTION CONPANYj
ALSO A TEXAS. 'CORPORATION, .'SUBJECT..TO THE APPROVAL BY A MAJORITY
VOTE OF THE, QUALIFIED',VOTERS OFAH5CITY-'OF BEAUMONT-AT AN ELECT-
ION HELD FOR THAT PURPOSE, AND ORDERING A SPECIAL ELECTION TO BE
HELD ON M3-- 1 0 DAY OF t 1917t AT WHICHTHERE SHALL
BE: SUBMITTET�_TO�TTBME QUALM) -VOTERS OR' M, CI TY OF BEAUMON T A
PROPOSITION TO PERMIT THVUEAYULMONT TRIO LIGHT AND ,POWER: COMPoo-a
ANY IAND THE BE.AUMONY TRACTION COMPANY, TEXAS CORPORATIONS, TO
SELL, ASSIGN; ,AND TRANSFER THEIR RESPECTIVEMSicAL PR62�!RTIEMSj
PLANTS,, RIGHTS, 'FRANCHISES,, AND, BUSINESSES, OR ANY PORTION TH-71REOP
TO THE MFMi SON POURTY MACTIOK -COMPANYs''ALSO "A TEXAS CORPORATIOIq
AND .,SFE CIFYIVG TEESPLACESATiMICH TIM VOTING' BOXES AT SAID ELIMT-
ION SHALL BE 'IN TEE -RESPECTIVE WARDS, ELECTING OFFICERS OF, SAID
-NOTICE TO , GIVEN OF SAID EIL
ELECTION, PRESCRIBING THE . ECTION,
A1qD.F1ZING OTHER CONDITIONS, UNDER WHICH THE SAM SHALL BE, HEM,
WHEREAS the -Beaumont'Blectric -Light & Power.
Compary owns and -operates an electric light an& power plant and
distr ib-ati ng Plea4 system- in, t h6 City of Besamo'nt,' and
AREAS the Beaumont Traction doupany owns an cl
operate a a 'street railway -system in'the 'City oe;Be aamont, and
Jeff-erson*Ooiint'Tractlon, Comp
WHEREAS; the any
owns and operates an interurban eleettic railway within* and be-
tween the. cities Of Beaumont and port Axthur, and.
VWR:iREAS the..CityCouncil of the City of Beaumont
deemsit advisable that -the,. Beaumbn t Electric, Light and Power
Comp,tny andtheBeaamont Traction Oompa4 shall be permitter) to
sell assign, ,and txansfew their respective physical property,
plant."s right, fr enc hi se's and businesses to the Jefferson County
Traction Company;
NOW THE'RE'FORE] BE IT, ORDAINED BY . THE 01 TY COUNCIL
OF M, CITY- OF'BFAb!IONT-
Section 1,
That, subject to the qpjpraval of. amajority vote
of the qualified voters of the City, of Beaumont at -an election
held for that purpose- .as hereinaf ter provided 'permission is,
hereby given to the,Beaa'mont Electric Light S6 Pomr Com
p =y
and the Beaumont Traction Company,Texaq Corporations' to sell,
assign and transfer their reepedtive physical properties, plants,
I
r
rights, franchises ancd-business, or any portion thereof, to the
Jefferson County Traction Company, also a Texas zorporation.
t Section 2.
F
That theme be and. is hereby ' ordered a spe cial
election to be participated -,in by the qualified voters of the
City of Beaumont, to .be held on1917, between
the hours of 8 o'clock A. M. and 4o�clock P. if. Said election
shall be held in accordance with and be governed by the
general election laws of the State of Texas, and all amendments
tb� re to, insofar as the same are applicable.
Section 3..
That sai d election shall be held in the following
Places:
In the first Ward at Central Fire Station.
In, the Second Ward at 'Beaumont City, Hall.
In the, Third Ward at Jefferson Counter Court :House.
Section 4.
That the following persons are .appointed officers
of said alection:
In t_ he first fsr d ;
Presiding Off icer.
A si stent.
r.
In the Second, Ward: A� 4::
Presiaig Ofger,
�.
Assistant*
In the Third Ward:
P -s i ding 0. f i c er .
.Asci tan .
Section 5.
That at said election the following proposition
shall be submitted for approval or rejection to the qualified
voters of the City of Beaumont:
Shall permission be given to the Beaumont Electric
Light and Power Company and the BeEumont Traction Company, Texas
orpoa,tions, to sell, assign, a& transfer their respective
h`ysical properties, plants, rights, franchis-es, and businesses,
or tion t ere of to th Jeffer son County Traction
�ompyp also a Texas 0orpora�ion?
Section 60
That the ballot to be used at .said_ election be
designated' "O:ifiicia.l Ballot". and the forma of :the ballot shall
be substantia.1 y as follows:
OPPICIAL BALLOT.
Shall permission be given to the Beaumont Electric
Light and Power Company and the Beaumont -Traction Company, Texas
corporations, to sell, assign, and tt-ansfer'their respective
physical properties,' plants, rights, franchises and businesses,
or any p or� tion thereof, to the Jefferson C ountyTr action Company?
Ye S. No.
Section 7.
That notice' of said election; sh@11 be given by
the City Secretary of the City .of Beaumont by posting or causing
.to. be posted a copy of this Ordinance at .each voting place herein
designated..th irty days at. least before the. said- date specified
for the holding. of said election and also by the publication of a,.
copy of this ordinance in the-'^°""�`' �`��"`""� not
less than three times on . three B.eparate days
the first such publ i cad ion to be at le ast th it ty days , and not
more than, ninety days, before .the date specified for the holding
of said election. The City Secretary of the City, of Beaumont
shall also,; in addition mail or cause to be mailed not less
than .ten days before the. date specified for holding of 'said
election a copy of this ordinance and a sample copy of the. off iciEl
ballot to be. used at said election to each,,qualifled voterof the
ci ty of Beaumont as appears fr om .the tax collector's r Als for
the year ending January 31, 19170
Section'.
That voters desiring to cast their votes in favor
of the proposition stated in Section5 of this Ordinance shall
erase or, mark out the word "NO" printed under the s ai d proposition
on the official ballot to. be .used at said .election, and t1,_e
voters desiring to ve-te cast the it votes against the. said
propos it ion shall ,erase or mark out the w]r d "ye s" printed.
under the. said proposition on the official ballot to be used' at
said'.eleotion. No vote on said proposition shall be -counted
when both •words "Yes" and "No." are erased or"..str.iken outs or
when, neither' the words "Yes" or "No" are erased or atriken out.'
After .the holding of said- elect,'ion the returns thereof shall be".
canvassed by:'the City Council, and if it shall appear that at
said ,aeA4 election the. majority of the, qualified voters voting. -on
said pr-oposit ion set out in'Seetion b. of this:.Ordinanoe voted in
Favor th.er eof , than the- permissior,referred. to in said proposition
shall be deemed and declared by official order. to be given, while
if ,.it s hal. l appear that at sa d election the, majority of the
qualified .voters voting' on' said'. proposition voted: against the
said proposition, then, the permission referred 'to in said prop-
osition s hall be deemed and' de.elared by official or der not to
be given.
Section 9.
That all expenses inou;;red by the City of Beaumont
in eonnection:with tY�e holding- of said' aledtion`shall be borne
by tha . Je fferwn County Tr as tfon Company, and that company shall
directly�/�' all bill's -therefor presented by the City to it for
payment, or, if the City shall,in the. Iirst instance itself
pey .am& of such expenses, the Jefferson County Traction. Company
shall r ep ay the same to the e i ty upon presentation by the
city to it -of a statement thereof.
Sect" n 10.-<
;U
�
-c-- r-.r-�°s,
r� rf t t
f Tha ecess ityorold�irig of d .�le eti'o forth'
,
ur se tat d h e n re' to ., e merg nay e ir.ing e A ed e
p e s vat n a th e bl i peace an cls ' tha nth i s �d din ce :
•L. t e t nine d to 1 �n t 6.0x 1�in or d ed
,f th at t s., o di ce s 11 ak f ear f r oma•" ' d a s pa
•
and real<, i the ;chsrter of.' Vie' G�`ity i sink► cases: made
and pr o ided..
Passed._ this': the day, of ��� - 1917.
3"iLED ON THIS THE�
gppr ov`e'd t}iis the �sy ' o f1917.. '
J. G. SUTTON
ciTv SECRETARY
Mayor
. Ass:a[cat witY Ficerc;AP,�; , • / �1 .
FILED -ON THIS THE
Attest, ED -ONTH►S 0 017
OF'Mr"V — 10 17 J.- G. SUTTON
J G. SUTTON• . ciry sECRErARY
ity Secretary. CITY SECRETARY , $y
BY
Aaaiat at City Secretary
ASSIDtent city Secretary
FOR
AGAINST'
FIRST -WSEC/i�`l] D 't::ARD WAIRD TO`1AL
` � I � � • I Irllrl �i�11 � IAM Y� YI�.i��Y� � a'r�� �� - � •/'1 1
•
•!f I Y� r� ^�� - - ! AP � - ! I� Y�Y
r� � i • � � ��� L � Z r": . • I Y D
FILED ON THIS THL
17 OFJ[]l_ -!917.
J. G. SUTTON
CITY SECRETARY
1$y e
o.
Aaeiataat City Secretard
CMMETT A. PLETCHER, MAYOR J. G. SUTTON, CITY SECRETARY
H. A. G. HUTCHISON, ASST CITY SECRETARY
(Wfice d Mayon.
BEAUMONT, TEXAS
TALLY SHEEP
FIRST WARD
SEC ORD 4iA.Ri)
THIRD WARD
TOTAL
FOR
AGAIIISl
12
TOTAL
i
FILED ON THIS THF-
17
HE17 ofPJj -1917
J. G. SUTTON
CITY SECRETARY
AaaWmt C" Sear4We
�.
Beaumont,, Texas, May 1.5, 1917,
a+� or .and City Counci 1,
We, your Ordinance Committee, .• to whoa was referred
the attached or dinance; calling; f cr an .election- t-o vote upon
the merging of the Beaumont Traction Company and the Beaumont
- Electric Light & Power Company properties and the. Jefferson'
County "Traction Company properties, beg to report we have
carefully, considered z6id or dinarnce and x e ommen.d that same
be adopted, provided:
Fist. That a, clause be inserted in sa"id ordinance
that the general offices of, the Jefferson County Traetioa
C ompariy, of ter it has taken over the properties of the Beaumont
Electric Light &: Power Company, anal the Beaumont Fraction
Company shall be maintained in the City of Beaumont. during
the, life . of thelJeffer son County Traction Company...
Second:. That the transfer• .of the properties of
the Baa-amont Electric Light' & Power Company. and the Beaumont
Traction Company�G 1 in no .wFy effect the`f.Vp4rhi,ses of
any of the three' said corporations'-wit-h respect to the duties
owed by, eacli of said corporations to the City of„Beaumont
under the:ihrespective franchises.
Respectfully submitted,
44
oflinance. Committee-.
FILED ON THIS THE,
THE, STATE 0_P TEXAS )
COUNTY OF JEFFER60N)
Before me, the undersigned authority, on this
day personally appeared R.R.Baker, Chief of Police
of the city of Beaumont, Texas, who, being by me duly sworn
says on.oath that he posted a.true copy of the notice
of election hereto attached at each of the places
designated :Eor'holding said election; to -wit;
The CeAtral Fire Station in the F irst Ward;
the City Hall in the Second Ward; and Jefferson
County Court House in the Third Ward, each of which places
are public places in the precincts in which they are
located, and that said notices of election were posted
at each.,of said places on the 4th day of June, 1917,
which was more than thirty days -prior to the date
for holding said election.
CHIEF OF POLICE
CITY OF BEAUMONT, `'exas.
-Sworn to and subscribed before me this 'the t -day of
1917.
1) . r {
Rotary Public, '
Jefferson County, Texas.
SA4 3 C
ORDER
DECLARING RESULT OF ELECTION HELD IN
THE CITY OF BEAUMONT , ON JULY 10th,
1917, GRANTING PERMISSION TO THE'BEAUO
MONT- ELECTRIC' LIGHT & POWER COMPANY
AND THE BEAUMONT -TRACTION .COMPANY-TO-
BELL
OMPANY--TO-BELL THEIR PHYSICAL, PROPERTIES, PLANTS,
RIGHTS, FRANCHISES, AND BUSINESS TO
THE JEFFERSON COUNTY TRACTION COMPANY&
WHEREAS, on to -wit, the 15th day of -May, 1917, the Gity
Council 'of the. City of Beaumont passed an ordinance giving permission
to..Beaumont'Elec_trie Light and Power Company and BeaumontTraction
Company; Texas Corporations, to sell, assign, and transfer, their
respective physical properties, plants, rights, franchises and busi-
nesses, or any portion thereof, to the Jefferson County Traction Company,
also a Texas. Corporation; subject to the approval by a majority vote
of the qualifiedv-voters of the City of Beaumont, at an -election to be
held for that purpose on. July 10th, 1917, at which eledtion there was
to be submitted to the qualified voters of.the City of Beaumont a pro-
position.to permit the Beaumont Electric Light andlPower Company and
the Beaumont Traction -Company to sell, assign and'transfer their re-
spective physical.properties, plants, rights,,franchises; and businesses
to the Jefferson.,Gounty Traction Gompany; and,
WHEREAS, said election wab duly called and has been held
under the terms.of said.ordinance;-.said election having been held on
WHEREAS, said ord.inance'provided that after the holding of
said election the returns thereof should be canvassed by the City
Council and ifit,should appear that at said election.the majority of
sal.d qualified voters voting on said proposition had voted in favor
thereof, --then the permission referred to in said. proposition embodied
in said ordinance,, shall be deemed and declared by official""Order to
be giv and,
HEREAS the returns of said election have -been duly made
-2 -
and have been properly canvassed by the City Council of the City
of Beaumont, and it appearing from said, returns that the total number of
votes cast in said election in favor of granting the permission ex-
pressed in said ordinance, was and. the total number of
votes cast against the granting of said permission was
it therefore appearing that a majority of the qualified voters vot-
ing on said proposition and ordinance have voted in favor thereof;
NOW THEREFORE, the City Council of the City of Beaumont-,
at its regular session, does hereby declare the result of said
election to be as above stated, and does hereby officially declare
that a -majority of the voters, voting on said. proposition,i voted in
favor of said ordinance; and that said ordinance is now in 'full
force and effect and the,permission referred to in said ordinance
is hereby deemed. and declared to b;e fully given.
A=ILED ON THIS TH4
17 OF JUL -1917
J. G. SUTTON
CITY SECRETARY
By 1_� W.o
r Mafftaot Cy smctat'
Ak.
O R D E R
DECLARING ,RESULT OF ELECTION HELD ITT
THE. c. TTY OF BEAUMONT ,0N JULY 10th,
191'7, GRAN T IIJG PERMISSION TO THE BEAU'
MONT ' BU CTRIC LIGHT & POWER COTvIPAIa
AND THE BEAUMONT 1R.A.CTION COPVTANY TO
SEILL THEIR FMICAL .PROPERTITS,�pLANTS,
RIQHTS,. FRAITCHISES, AND BUSINESS TO
THE JEFFERSON COUNTY TRACTION CO -MANY.
WOREAS', on to -grit, the 15th day of May, 1917 the City
Council -of the City of Beaumont passed an ordinance giving permission
to Beaumont Electric Light and Power Company and Beaumont Traction
Com-oan.y, Texas Carporations, to sell, assign, and transfer, their
respective physi-ea,l properties, plants.; rights., :franchises and basi-
nesses,, or any portion thereof, to the Jefferson County Traction Company,
also a Texas Corporation, subject to the a-pproval by a majority vote
of the qualifier) -.voters of the City of Beaumont, at.an election to be
held, for that purpose on, -July 10th, 1017-i at which election there was
to be submitted' to the qualified voters of -the City 'of Beaumont a, .pro-
position to Permit the Be6.umont Elec,trie -Tright and. Pourer Company and
the Beaumont Traction company to sell, assign and, transfer their re-
spective physicml properties, plants, rights, fr4txchises; and businesses
to the Jefferson County Traction Company; and.,
WHEREAS, said election waD duly Bailed, and has been held..
under the teras .of said ordinance; said. election having been held. on
- - ---to-w-it; --the l"Uth-�d-ay� of-=July,,--1917;--and
WREAS; said ordinance provided that.after the holding of
said election the returns thereof should be canvassed by. the City
Gouncil and ifit should appear that at said election the majority of
s& -id. qualified voters voting on said. -oroposition -had voted in favor
thereof, then the ;�ermisgion referred to in sai.d' proposition embodied.
in said ordinance, shall be deemed and declared..by official ord.er' to
be given; and. , ,
WHEREAS, the returns of said election have been duly made
I
-2-
and have been properly canvassed by the City Council of the City
of Beaumont, and it appearing from said returns that the total number of'.
votes cast in said election in favor of granting the permission ex-
pressed, in. said ordinance, was and the total number of
votes cast against the granting of said permission was
it therefore appearing that a majority -of the qualified voters vot-
ing on staid proposition and ordinance have voted in f,,avor thereof;
NOW LIEREFORD, the City Council of the City of Beaumont,
at its regular session, c,oes hereby declare the result of said
election to be as above stated, and does hereby officially declare
that a majority of the voters, voting on saidproposition, voted in
favor of said ordinance; and that said ordinance is now in full
force and effect and the permission referred to in said ordinance
is hereby deemed and declared to be fully given.
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