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HomeMy WebLinkAboutORD 4-MAN ORDINANCE GRANTING TO GLENN H. MCCARTHY THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE STREETS, AVENUES, HIG1911AYS AND ALLEYS OF THE CITY OF BEAUMONT, FOR THE PURPOSE OF ESTABLISHING, CONSTRUCTING, LAYING, MAINTAINING.. OPERATING, REPAIRING AND EXTENDING A PIPAGE SYSTEM FOR THE SALE OF GAS WITHIN THE LIMITS OF THE CITY OF BEAUMONT, TEXAS, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SUCH RIGHTS, PRIVILEGES AND FRANCHISES SHALL BE EXERCISED. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUivIONT a SECTION I'. Definitions. The word "Grantee" whenever used in this ordinance shall be held to mean Glenn H. McCarthy or his successors and assigns. The word "Grantor" and "City" whenever used in this ordinance shall be held to mean the incorporated City of Beaumont' Texas. The words "City Commission" whenever used in this ordinance shall be held to mean the present City Commission and their successors elected as provided for in the City Charter of Beaumont, Texas, or the incumbents of any offices, hereafter created by law or by charter performing similar - functions, The words "extensions, betterments and improvements" are used in contradistinction to repairs to and maintenance, renewals and replacements of property. i I - 2 - OA,f P iYi SECTION II. There is hereby granted to Glenn H. McCarthy, hereinafter called Grantee, his successors, assigns, heirs and administrators,. for the full term of thirty (30) years from and after the effective date of this ordinance, subject to the terms and conditions hereof, the right, privilege and 'franchise to establish, construct, lay, maintain, operate, repair, and extend -from time to time and continuously-upon,,through, over and under the streets, avenues, alleys and highways of the City of Beaumont such mains, pipes, apparatus and appliances as may be necessary, proper and incidental to the pipage and transportation of gas in the City of Beaumont, and for the purpose of sale to the inhabitants of the City of Beaumont to industrial users and to the City of Beaumont, together with the right to discontinue, abandon and remove the same in part in such manner as operating conditions may warrant. SECTION III. The work done in connection with the construction, re -construction, maintenance or repair of said system shall be subject to and governed by all laws, rules and regulations now in force or that may be hereafter passed or adopted for the government and regulation thereof and not inconsistent herewith; and the construction, maintenance and operation of Granteets gas distribution system and all of the property of Grantee subject to this ordinance shall be subject to the lawful police regulation by the governing body of the City ofd Beaumont. SECTION IV. The City of Beaumont, without -limiting in any respect the scope of the general franchise, hereby specifically, grants and concedes to Grantee the right -and privilege to take up pavements and' sidewalks, if any, in and upon said S . I i 1 :1 .' 1. - 3 - streets, alleys anal highways in said City of Beaumont and such as may be over and across any stream or bridge, if any, for the purpose of making such excavations and installations as may be necessary and incidental to the proper conduct of said business, provided, however, that Grantee shall not take up or excavate any pavement at any time without first securing permission of the City Engineer and/or City Commission but such permit shall be given if the proposed excavation is in accordance with this franchise, and provided further that all excavations and installations so made shall be performed in such manner and as will cause the least inconvenience to the public, and Grantee shall promptly restore to as good condition as before working thereon and to the reasonable satisfaction of the City Engineer and/or City COMMission all streets excavated by him. The City shall have the right to have one Inspector present at each excavation or installa- tion whose salary shall be paid by Grantee. SECTION V. The City reserves the right to lay, and permit to be 1 aid, gas, water and other pipe lines or cables, and to do and permit to be done, any underground work that . may be deemed necessary or proper by the governing body of the City of Beaumont, in, across, along, or under any street, alley, highway or public place occupied by the Grantee and to change any curb, or sidewalk or the grade of any street. In permitting such work to be done, the City shall not be liable to the Grantee for any damage so occasioned, nor shall the City in doing any such work., be- liable to the Grantee for any such damages. SECTION VI. Whenever by reason of the changes in the grade of any street or in the location or the manner of constructing OAd, -,4 - any water pipes, gas pipes, sewers or any other underground construction for any purpose whatever, it shall be deemed necessary by the governing body of the City of.Beaumont to alter, change, adapt or conform the gas mains and service pipes, apparatus and appliances of Grantee thereto, such alteration or changes shall be promptly made by Grantee when ordered in writing by the governing body of the City of Beaumont so to do without claim for reimbursement or damages against the.City; provided, however, that the City shall not require Grantee to remove his gas mains and service pipes and apparatus entirely from such street, alley or highway and if the Grantor shall require Grantee to adapt or conform his gas mains and service pipes or to in any way alter, relocate or change his property to enable any other person or corporation, except the City, to use said street, alley, or highway, the Grantee shall be reimbursed fully by the person.or corporation desiring or occasioning such change for any loss, cost or expense caused by or arising out of such change, relocation of Grantee's property; provided, however, that the Grantor shall never be liable for such reimbursement. SECTION VII. Grantee's gas mains shall be laid to lines and grades as directed by the City Engineer and/or City Commission at a depth such that there shall be not less than thirty (30) inches between the top of the main when laid, and the surface of said thoroughfare or ground unless a lesser depth be permitted by City Engineer and/or City Commission. Grantee shall not interfere with or destroy any underground lines, pipage system, conduit, structure, or equipment used in the municipal or public service of said City. Grantee l s lines shall be so laid and maintained as not to interfere with natural overground or underground drainage,,- or rainage, or with any drainage ditch, canal, culvert or sanitary sewer. 5 Grantee shall also install and maintain his property so as not to interfere with or pollute any municipal or private water supply. SECTION VIII. All gas pipe of a material other than cast iron installed pursuant to this franchise shall be new, and all pipe, fittings and other equipment installed pursuant to this franchise shall be in first class condition and of a standard size, weight and design and subject to the inspection and approval of the City Engineer, and laid, jointed, maintained and protected in a manner specified by the City Engineer. Grantee shall install and keep in continuous use and good repair, approved safety devices so as to insure a safe pressure of gas in Grantee's system which, in the event City and Grantee can not agree, is to be determined by a survey made by three unbiased engineers, one to be selected by the City, one by Grantee and the third by the two so selected. The cost of this survey is to be borne equally by City and Grantee. No gas shall be brought within Grantor's municipal limits by Grantee which is not odorized as required by State law, and by rules .and regulations adopted pursuant thereto. All gas served shall be dry merchantable natural gas of a uniform heat content at the point of delivery to the consignee containing no objectionable liquids or solids. SECTION 1X. Grantee shall within thirty (30) days after this ordinance shall finally take effect, commence the installation of his system and shall complete same within six (6) months thereafter according to the plan evidenced by map hereafter provided for. - 6 - SECTION X. Grantee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damage to person or property occasioned by or arising out of the construction, re -construction, maintenance, operation or repair of said Grantee's gas system or by the conducting of Grantee's business -in the City of Beaumont. Grantee shall take notice of all superior rights of the State or Federal Govern - went in State or National highways and of the purposes for which public thoroughfares and grounds have been dedicated or conveyed and are now held by Grantor, and.Grantee shall save and hold Grantor harmless from any claim arising out of the superior rights herein specified, as well as all loss, cost and expense in connection with any claim of any fee title owner for damages or for compensation on account of any additional burden found to have been imposed upon said fee title by reason of Grantee's use and occupancy of said public thoroughfare and grounds. SECTION XI. If the pipe line or any part.thereof or any other apparatus installed by Grantee hereunder shall be in any respect damaged or injured by the City of Beaumont or any of its officers, agents, representatives or employees in connection with the performance of any work or repairs that may be done upon said streets, avenues, alleys and other public places of the City of Beaumont, Grantee shall not be entitled to prosecute or maintain a'claim against the City of Beaumont for any such damages or injuries so sustained by him, and the same is hereby in all things waived. SECTION XII. In the event of the extension of the present city limits of the City of Beaumont, howsoever the sane may 1 9 1 . y • construction, maintenance and operation of his properties operated hereunder, and also complete statistical records of his business and operations. SECTION XVI. It is contemplated by Grantee to transfer and assign this franchise and all rights given hereunder to a corporation to be later organized and which it is considered will be named Beaumont Natural Gas Company. This franchise and all rights granted pursuant thereto are to be in all things binding' valid and effective upon any transfer and assignment thereof being made in the same manner and to the same effect as if this franchise had :originally and in the first instance been granted to such assignee and transferee direct. Other than is stated herein, this franchise and all rights hereunder, shall be transferable or assignable only with Grantor's consent expressed by ordinance. This franchise is not exclusive. SECTION XVII. Said Grantee shall file with the City Commission within fifty (50) days after the third reading of this ordinance, a map showing the main system to be constructed under this franchise. SECTION XVIII. 0 Whenever an extension, betterment or improvement costing more than Four Thousand (4000.00) Dollars is to be made by Grantee, he shall first submit detailed estimates of the cost thereof and plans and specifications therefor to the City Commission, which shall promptly approve or disapprove such expenditure or plan. Upon the completion of the said extension, betterment or improvements the Grantee shall within thirty (30) days thereafter submit to the City Commission a detailed statement of the -extent of such extensions, betterments and improvements and the cost thereof. SECTION XIX. Each of the provisions herein stipulated is accepted by Grantee as a condition to the grant and failure to comply therewith shall operate as a forfeiture of this franchise at the option of the City Commission. SECTION XX. The City, insofar as it lawfully may, agrees that when this ordinance becomes effective and is accepted by the Grantee in the manner hereinafter provided for, it shall be binding upon the City and the Grantee as a contract. The provisions of the Charter of the City, however, insofar as such provisions are applicable and to the extent to which they may not lawfully be superseded by this contract, shall be considered a part hereof as though expressly written herein and the Grantee shall be bound thereby. SECTION XXI. 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 Beaumont, Texas, or any amendments thereto, for any reason, shall not affect any other section or part of section of this ordinance. SECTION XXII. The Grantee shall within thirty (30) days after the taking effect of this franchise file in the office of or with the City Clerk a written instrument, signed and acknowledged in proper manner, in substantially the following form: i -10- , c 1 "TO THE CITY COMMISSION OF THE CITY OF BEAUMONT: The Grantee does hereby accept that certain ordinance entitled: ?An ordinance granting to Glenn H. McCarthy the right, privilege and franchise to use the streets, avenues, alleys and highways of the City of Beaumont, for the purpose of establishing, constructing, laying, maintaining, operating, repairing and extending a pipage system for the sale of gas within the limits.of the City of Beaumont, Texas, and prescribing the terms and conditions Under which such rights, privileges and franchises shall be exercised.? And all and singular the provisions therein contained. Dated at , Texas, this the day of , A. D., 1938. (Acknowledgment)" SECTION XXIII. In the event such acceptance is not filed within the said period, this ordinance and the rights, privileges and franchises hereby granted shall ipso facto, be, and become terminated, null and void. SECTION XXIV. In the event of the assignment by Glenn H. McCarthy of this franchise to the contemplated corporation as provided herein, he shall then be relieved, released and discharged of any and all obligations, duties and liabilities provided for herein. SECTION XXV. That this ordinance shall take effect as in the Charter made and provided in 'Z ch cases. DATED this the day of She, A. D., 1938. ATTEST: ---City Clerk of Beaumont, - Mayor - Texas. —APPROVED: City Attorney of Beaumont, Texas. AN ORDINANCE GRANTING TO GLEN H. McCARTHY HE RIGHT; PRIVILEGE - AND -FRANCHISE TO USE THE STREETS, AVENUES, HIGHIN YS AND ALLEYS OF THE CITY OF BEAUNiONT, FOR THE PURPOSE OF ES- TABLISHING, CONSTRUCTING, LAYING, MAINTAINING, OPERATING, REPAIRING AND EXTENDING A PIPAGE SYSTEM FOR THE SALE OF GAS WITHIN THE .LIMITS OF THE CI'1TY OF BEAUMONT; TEXAS, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SUCH RIGHTS, PRIVILEGES AND FRANCHISES SHALL BE EXERCISED. BE IT ORDAINED BY 12 -HE CITY COMMISSION OF THE CITY OF BEAUMONT: SECTION I. Definitions. 'The word "Grantee" whenever used in this ordinance shall be held to mean Glenn. H+ McCarthy or his successors and assigns. The word "Grantor" and "City" whenever used in this ordinance shall be held to mean the incorporated City of Beaumont, Texas. The words "City Commission" whenever used in this ordinance shall be held to mean.the present City Commission and their successors elected as provided for in the City Charter of Beaumont, Texas, or the incumbents of any - offices, hereafter created by law or by charter performing similar functions. The words "extensions, betterments and improvements" are used in contradistinction to repairs to and maintenance, renewals and replacements of property. SECTION II. There is hereby granted to Glenn H.McCarthy, hereinafter called Grantee, his successors, assigns, heirs and administrators, for the full term of thirty (30) years from and after the effective date of this ordinance, sub- ject to the terms and conditions hereof, -the right, privilege and franchise to establish, construct, lay, maintain, operate, repair, and extend from time to time and continuously upon, through, over and under the streets, avenues, alleys and highways of the City of Beaumont such mains, pipes, dpparrtus and appliances as may be necessary, proper and incidental to the pipage and trans- portation of gas in the City of Beaumont, and for the purpose of sale to the inhabitants of the City of Beaumont, to industrial users and to the City of Beaumont, together with the right to discontinue, abandon and remove the same in part in such manner as,operating conditions may warrant. SECTION III. The work done in connection with the construction, re -construction, maintenance or repair of said system shall be subject to and governed by all laws, rules and regulations now in force or that may be hereafter passed or adopted for the government and regulation thereof and not inconsistent herewith; and the construction, maintenance and operation of Grantee's gas distribution system and all of the property of Grantee subject to this ordinance shall be subject to the lawful police regulation by the governing body of the City of Beaumont. SECTION IV. The City of Beaumont, without limiting in any respect the scope of the general franchise, hereby specifically grants and concedes to Grantee the right and privilege to take up pavements and sidewalks, if any, in and upon said .r� 14 • ? streets, alleys and highways in said City of Beaumont and such as may be over and across any stream or bridge, if any, for the purpose of making such ex- cavations and installationsas may be necessary and incidental to the proper conduct of said business., provided, however, that Grantee shall not take up or excavate any pavement at any time without first securing permission of the City Engineer and,or City Commission but such permit shall be given if the pro- posed excavation is in accordance with this franchise, and provided further that all excavations and installations so made shall be performed in such manner and as will cause the least inconvenience to the public, and Grantee shall promptly restore to as good condition.as before working thereon and to the reasonable satisfaction o� the City Engineer and/or City Commission all streets excavated by him. The City shall have the right to have one Inspector present at each ex- cavation or installation whose salary shall be paid by Grantee. SECTION V. The City reserves the right to lay, and permit to be laid, gas, water and other pipe lines or cables, and to do and permit to be done, any under- ground work that may be deemed necessary or proper by the governing body of the City of Beaumont, in, across, along, or under any street, alley, highway or public place occupied by the Grantee and to change any curb, or sidewalk or the grade of any street. In permitting such work to be done, the City shall not be liable to the Grantee for any damage so occasioned, nor shall the City in doing any such work, be liable to the Grantee for any such damages. SFnTTnN VT_ Whenever by reason of the changes in the grade of any street or in the location or the manner of constructing Ay water pipes, gas pipes, sewers or any other underground construction for any purpose whatever, it shall be deemed necessary by the governing body of the City of Beaumont to alter, change, adapt or conform the gas mains and service pipes, apparatus and appliances of Grantee thereto, such alteration or changes shall be promptly made by Grantee when or- dered in writing by the governing body of the City of Beaumont so to do without claim for reimbursement or damages against the City; provided, however, that the City shall not require Grantee to remove his gas mains and service pipes and apparatus entirely from such street, alley or highway and if the Grantor shall require Grantee to adapt or conform his gas mains and service pipes or to in any way alter, relocate or change his property to enable any other person or corporation, except the City, to use said street, alley, or highway, the Grantee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any loss, cost cr expense caused by or arising out of such . change, relocation of Grantee's property; provided, however, that the Grantor shall never be liable for such reimbursement. SECTION VII. Grantee's gas mains shall be laid to lines and grades as directed by the City Engineer and/or City Commission at a depth such that there shall be not less than thirty (30) inches between the top of the main when .laid, and the surface of said thcrnughfare or ground unless a lesser depth be permitted by City Engineer and/or City Commission. Grantee shall not interfere with or destroy any underground lines, pipage system, conduit, structure, or equipment used in the municipal or public service of said City. Grantee's lines shall be so laid and maintained as not to interfere with natural overground or under- ground drainage, or with any drainage; ditch, canal, culvert or sanitary sewer. Grantee shall also install and maintain his property so as not to interfere with or pollute any municipal or private water supply. SECTION VIII. All gas pipe of a material other than cast iron installed pursuant to this franchise shall be new, and all pipe, fittings and other equipment in- stalled pursuant to this franchise shall be in first class condition and of a standard size, weight and design and subject to the inspection and approval of the City Engineer, and laid, jointed, maintained and protected in a manner specified by the City Engineer. Grantee shall insthll and keep in continuous use and good repair, approved safety devices so as to insure a safe pressure of gas in Grantee's system which, in the event City and Grantee can not agree, is to be determined by a survey made by three unbiased engineers, one to be selected by the City, one by Grantee and the third by the two so selected. -2- The cost of this survey is to be borne equally by City and Grantee. No gas shall be brought within Grantor's municipal limits by Grantee which is not odorized as required by State law, and by rules and regulations adopted pursuant thereto. All gas served shall be dry merchantable natural gas of a uniform heat content at the point of delivery to the consignee containing no objectionable liquids or solids. SECTION IX. Grantee shall within thirty (30) days after this ordinance shall finally take effect, commence the installation of his system and shall com- plete same within six (6) months thereafter according to the plan evidenced by map hereafter provided for. SECTION X. Grantee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damage to person or property oc- casioned by or arising out of the construction, re -construction, maintenance, operation or repair of said Grantee's gas system or by the conducting of Grantee's business in the City of Beaumont. Grantee shall take notice of all superior rights of the State or federal Government in State or National High- ways and of the purposes for which public thoroughfares and grounds have been dedicated or conveyed and are now held by Grantor, and Grantee shall save and. hold Grantor harmless from env claim arising out of the superior rights herein specified, as well as all loss, cost and expense in connection with any claim of any fee title owner .for damages or for compensation on account of any ad- ditional burden found to have been imposed upon said fee title by reason of Grantee's use and occupancy of said public thoroughfare and grounds. SECTION XI. If the pipe line or any part thereof or any other apparatus in- stalled by Grantee hereunder shall be in any -respect damaged or injured by - - the City of Beaumont or any of its officers, agents, representatives or em- ployees in connection with the performance of any work or repairs that may be done upon said streets, avenues, alleys and other public places of the City of Beaumont, Grantee shall not be entitled to prosecute or maintain a claim against -the City of Beaumont for any such damages or injuries so sustained by him, and the same is hereby in all. -things waived. SECTION XII. In the event of the extension of the present city limits of the City of Beaumont, howsoever the same may be brought about, all of the rights, duties, liabilities, obligations and covenants herein set forth shall like- wise apply to such extensions. SECTION XIII. On or before June 15th, 1939, and on or before each June 15th thereafter, Grantee shall file with Grantor's Clerk a written, sworn, report setting out for the preceding calendar year Grantee's total gross receipts _from business -done within Grantor's municipal l.i:nits pursuant to this fran-.- chise. Said report shall comply in other respects to the Charter of. the City, of Beaumont. SECTION XIV. .As compensation for the rights, franchises and privileges herein conferred, Grantee shall pay to Urantor during the first three (3) years of the terms of this franchise an annual bonus consisting of a sum of money equal to one (1%) per cent of the annual gross receipts, and the Grantee shall pay to the City each year thereafter during the remainder of the life of this franchise an annual bonus consisting'of a sum of money equal to two (2%) per cent of the gross receipts. Said bonus shall be due and payable on the 15th day of June of each year for the preceding calendar year and such bonus shall be exclusive of and in addition to all ad valorem tares and special assessments for municipal improvements. -3- SECTION XV. At all times during the continuance of the rights herein granted, Grantee shall keep in his office at the disposal of and open to inspection by the Grantor at all reasonable times, all contracts, books of accounts and cost and operating records, a full, true, complete andaccurate account of all moneys received and expended and liabilities incurred by him in connect- ion with his business and the construction,maintenance and operation of his properties operated hereunder, and also complete statistical records of his business and operations. SECTION XVI. It is contemplated by Grantee to transfer and assign this franchise and all rights given hereunder to a corporation to be later organized and which it is considered will be named Beaumont Natural Gas Company. This franchise and all rights granted pursuant thereto are to be in all things binding, valid and effective upon any transfer and assignment thereof being made,in the same manner and to the same effact as if this franchise had originally and in the first instance been granted to such assignee and transferee direct. Other than is stated herein, this franchise and all rights hereunder, shall be transferable or assignable only with Grantor's consent expressed by ordinance. This fran- chise is not exclusive. SECTION XVII. Said Grantee shall file with the City Commission within fifty (50) days after the -third reading of this ordinance, a map showing the main system to be constructed under this franchise. SECTION XVIII.. Whenever an extensicn, betterment or improvement costing more than Four Thousand ($4000.00) Dollars is to be made by Grantee, he shall first sub- mit detailed estimates of the cost thereof and plans and specifications there- for to the City Commission, which shall promptly approve or disapprove such ex-_ penditure or plan. Upon the completion of the said extension, betterment or improvements the Grantee shall within thirty (30) days thereafter submit to the City Commission a detailed statement of the extent of such extensions, better- ments and improvements and -the cost thereof. SECTION XIX. Each of the provisions herein stipulated is accepted by Grantee as a condition to the grant and failure to comply therewith shall operate as a for feiture of this franchise at the option of the City Commission. SECTION XX. The City, insofar as it lawfully may, agrees that when this ordinance becomes effective and is accepted by the Grantee in the manner hereinafter pro- vided for, it shall be binding upon the City and the Grantee as a contract.. The provisions of the Charter of the City, however, insofar as such provisions are applicable and to -the extent to which they may not lawfully be superseded by this contract, shall be considered a part hereof as though expressly written herein and the Grantee shall be bound thereby. SECTION MCI. 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 unconstituticnal, void, illegal, ineffective or contrary to the provisions of the Charter of the City of Beaumont, Texas, or any amendments thereto, for any reason, shall not affect any :;.they section or part of section c -•f this ordinance. SECTION XXII. The Grantee shall within thirty (30) days after the taking effect of this franchise file in the office of or with the City Clerk a written in- strument, signed and ackncvrledged in proper manner, in substantially the fallow- ing form. -4- "TO THE CITY COMMISSION OF THE CITY OF BEALTMONT: The Grantee does hereby accept that certain ordinance entitled: 'An ordinance granting to Glenn H. McCarthy the right, privilege and franchise to use the streets, avenues, alleys and highways of the City of Beaumont, for the purpose of establishing-, constructing, laying, main- taining, operating, repairing and extending a pipage system for the sale of gas within the limits of. the City of Beaumont, Texas, and prescribing the terms and conditions under which such rights, privileges and franchises shall be exercised.' And all and singular the provisions therein contained. Dated at , Texas, This the day of A. D., 1938. (Acknowledgment)" SECTION XIII. In the event such acceptance is not filed within the.said period, this ordinance and the rights, privileges and franchises hereby granted shall ipso facto, be, and become terminated, null and void. SECTION MV. In the event of the assignment by Glenn H. McCarthy cf this fran- chise to the contemplated corporation as provided herein, he shall then be -- relieved, released and discharged- of -any and-all.obligations,--duti-es-and -- -- -- -- liabilities provided for herein. SECTION XXV. That this ordinance shall take effect as in the Charter made and provided in such cases. DATED this the. 25thday of October A. D. 1938. ATTEST: Raymond Edmonds R. A. Coale City Clerk of Beaumont, -Mayor- Texas. APPROVED: George E. Murphy - -- - City Attorney of Beaumont,Texas. THE STATE OF TEXAS COUNTY OF _JEFFERSON I.,. --_-Ray_ mood -Edmonds, City Clerk of the City of Beaumont, Texas., do hereby certify"that the above and foregoing is a true and correct copy of an Ordinance passed by the City Commission in regular session held_ October' 25, 1938. Given\,under my hand and seal of the City of Beaumont, this the 25th day-6f"O_ctober;-.1938. City Clerk, City of Beaumont, Texas. -5-