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HomeMy WebLinkAboutORD 16-NAN ORDINANCE ENTITLED AN ORDINANCE ORDERING AN ELECTION TO BE HELD Iii THE CITY OF BEAUMONT, TEXAS, ON THE 29TH DAY OF OCTOBER, A.D. 1940, UPON THE QUESTIOly OF WHETHER OR NOT THE CITY SHALL GRANT A FRANCHISE TO ERECT AN ELECTRICAL PLANT FOR THE PURP081h OF SERVING THE CITY; DESIGNATING THE TIME AND PLACE OF HOLDING SAID ELECTION, AND APPOINTING ELECTION JUDGES TO. PRESIDE OVER THE SAME;- PROVIDING FOR THE MANNER OF HOLDING SAID ELECTION AND FOR GIVING OF NOTICE THEREOF; PRESCRIBING THE QUALIFICATIONS OF VOTERS IN SAID ELECTION; AND DECLARING ANPMER- GENCY. 1 WHEREAS, on to -wit the 20th day of August,A.D.-1940., the City Commission of the City of Beaumont passed an ordin- ance granting to W. L. Dickson, his -successors and assigns., a franchise for a term of thirty (30) years to erect, construct and maintain an electric light and power plant in or near the City of Beaumont, together with the privilege of supplying current- therefrom to the City and citizens thereof, the pre- amble to said ordinance reading as follows, to -wit; "GRANTING A FRANCHISE TO W. L. DICKSON HIS SUCCESSORS _AND ASSIGNS, FOR A TERM OF THIRTY (30� YEARS, TO ERECT, CONSTRUCT, MAINTAIN AND OPERATE AN ELECTRIC LIGHT AND POWER PLANT, TRANSMISSION LINES, SUBSTA- TIONS, AND DISTRIBUTION.°SYSTEM FOR THE GENERATION, DISTRIBUTION" AND SALE OF ELECTRICITY FOR LIGHT, HEAT AND POWER AND OTHER SIMILAR. PURPOSES IN AND THROUGH THE CITY OF BEAUMONT, TEXAS; AND TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PLACES THEREOF FOR SUCH PUR- POSES; PROVIDING THAT SAID FRANCHISE IS GRANTED UP- ON THE CONDITION THAT. GRANTEE WILL,. ACQUIRE IN. OR REAR THE CITY OF BEAUMONT A SUITABLE SITE FOR SUCH PLANT AND SHALL START dONSTRUCTION_ THEREOF WITHZiV-----______.__ SIX (6) MONTHS FROM AND AFTER THE PASSAGE HEREOF, AND SHALL PLACE SAME IN OPERATION WITHIN EIGHTEEIv (18) MONTHS -FROM THE DATE HEREOF; PROVIDING THAT ALL POLES, WIRES AND OTHER EQUIPMENT SHALL, WHEN- EVER POSSIBLE, BE PLACED IN THE ALLEYS AND SHALL BE INSTALLED UNDER THE SUPERVISION OF THE CITY OF BEAU= MONT; PROVIDING AN INDEMNITY CLAUSE INDEMNIFYI1vG THE CITY AGAINST ANY NEGLIGENCE OF GRANTEE; PROVID- ING THE MANNER AND METHOD IN WHICH PAVEMENT OF ANY OF THE CITY STREETS MAY BE EXCAVATED AND THAT SUCH WORK SHALL BE DONE UNDER THE SUPERVISION OF THE CITY OF BEAUMONT; PROVIDING FOR THE MANNER OF`FIXING RATES OF ELECTRIC CURRENT SOLD; PROVIDING CERTAIN RULES AND REGULATIONS GRANTEE MAY ESTABLISH Iiv CON- DUCTING HIS SAID BUSINESS, AND THAT A DEPOSIT MAY BE REQUIRED TO BEAR 6% INTEREST UNDER CERTAIN CIR- CUMSTANCES; PROVIDING THAT THE POLES OF GRANTEE MAY BE USED BY THE POLICE AND FIRE DEPARTMENTS WITH- OUT CHARGE, BUT THAT ANY WIRES OR OTHER EQUIPMENT PLACED THEREON SHALL BE AT THE EXPENSE OF THE CITY OF BEAUMONT; PROVIDING THE.MANNER AND METHOD THAT GRANTEE SHALL BE REQUIRED TO TEMPORARILY CHANGE HIS POLES OR WIRES IN THE EVENT SUCH IS NECESSARY IA THE MOVING OF ANY BUILDING OR OTHER STRUCTURES, AND PRO- VIDING THAT THE PERS01v MOVING SUCH -BUILDING OR OTHER STRUCTURES SHALL BEAR SUCH EXPENSE; PROVIDING THAT GRANTEE SHALL HAVE THE RIGHT TO ENTER ANY PUBLIC OR PRIVATE BUILDING DURING REAS01 ABLE HOURS FOR THE PURPOSE OF READING OR EXAMINING ELECTRIC METERS; AND PROVIDING THAT THE CITY OF BEAUMO1vT MAY PUR- CHASE SAID ELECTRIC PLANT AT ANY TIME AFTER SUCH LIGHT PLANT HAS BEEN PLACED IN COMMERCIAL OPERA- TION FOR A PERIOD OF FIVE (5) YEARS, AND THE CON- DITIONS AND MANNER OF SUCH PURCHASE." AND WHEREAS, a copy of said ordinance so granted to W.,L. Dickson, his successors and assigns, is,attached hereto and by reference made a part hereof for all purposes; and, WHEREAS, said franchise was subsequently approved by the City Council of the City of Beaumont at a regular ses4o sion of said body on to -wit the 10th day of September, A.D. 1940; ands WHEREAS, Section 19, subsection 4 of the City Charter of the City of Beaumont provides that if at any time before any such ordinance shall finally take effect, a petition or peti- tions shall be presented to the City Commission signed by three hundred (300) of the bona fide qualified voters of the City, then the .Commission shall submit the question of the granting of such franchise to a vote of the qualified voters of the City of Beaumont at the next succeeding general election to be held in said City,* provided said election is to be held within six months from the date of submission of said petition; and if such general election is not to be held within said time, then at a special election called for the purpose; and provided - - further- that-h6tiae thereof shall. be published -at least twenty (20) days -successively, in a -daily newspaper published in said City, prior to the holding of said election; and. WHEREAS, on to -wit the 28th day of September, A.D. 1940, at a special session of the City Commission, a petition containing more than three hundred signatures of bona fide qualified voters of the City of Beaumont was presented and filed with the City Commission, as provided by Section 19, subsection 4 of the Charter of the City of Beaumont, requesting that an election be held to determine whether or not the above described franchise should be granted to the said W. L. Dickson; and,* WHEREAS, the next succeeding general election of the City of Beaumont, under the Charter of said City, will not be held until the first Tuesday in April, A.D. 1941, which said Tuesday will fall on to -wit, the first day of April, A.D. 19413, which said date is more than six months from and after the said 28th day of September, A.D. 1940, the date when said petition was presented and filed with the City Commission, requiring that a special election' be held under the Charter provision above referred to; and, WHEREAS, the present utility company enjoying a fran- chise in the City of Beaumont and offering for sale to the cit- izens thereof electric current is, and has been for many years, charging excessive and exorbitant rates for such electricity; and, WHEREAS, after due consideration the Commission has determined and hereby finds that this is an emergency measure necessary for the immediate preservation of the public peaces property, health and safety, to the end that this ordinance may and should be passed finally on the date of its introduc- tion, and that it be effective immediately upon and after final passage. ..2.» BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section to That an election is hereby ordered to be held on. the 29th day of October, A.D. 1940# in the City of Beaumont, Texas, at which election there shall be submitted to the vot- ers who are qualified to vote under the Constitution and laws of the State of Texas, the following proposition: PROPOSITION -SHALL THE CITY OF BEAUMONT, TEXAS, GRANT A FRANCHISE_ TO W. L' . DICKSON, HIS SUCCESSORS AND ASSIGiVS, FOR A TERM OF THIRTY (30) YEARS, TO E- RECT,, COiiSTRUCT, MAINTAIN .AND OPERATE AN ELECTRIC LIGHT AND POWER PLATT, TRANSMISSIOiy . LINES, _ SUB- _ STATIONS, AND A DISTRIBUTION SYSTEM FOR THE_GEN- ERATION, DISTRIBUTION.AND.SALE OF ELECTRICITY FOR LIGHT, HEAT,.POWER.AND OTHER.SIMILAR PURPOSES,_IN AND THROUGH THE CITY OF BEAUM0I4T, _ TEXAS, AND TO. USE THE STREETS, ALLEYS AND OTHER PUBLIC PLACES THEREOF FOR SUCH PURPOSES; SAID FRANCHISE -PROVID- ING THAT IT SHAD, BE GRANTED UPON THE CONDITION- THAT ONDITION_THAT GRANTEE WILL ACQUIRE IN OR iVEAR THE CITY OF BEAUMONT A SUITABLE SITE FOR SUCH PLANT AND -SHALL START CONSTRUCTION THEREOF WITHIN SIX MONTHS FROM AND AFTER SAID FRANCHISE BECOMES EFFECTIVE, AND SHALL PLACE SAID PLANT IN OPERATION WITHIN EIGHTEEN MONTHS THEREAFTER;_ SAID FRANCHISE FURTHER TO PRO- VIDE THAT ALL POLES, WIRES AND OTHER EQUIPMENT BE, WHENEVER.POSSIBLE, PLACID IN THE.ALLEYS AND SHALL BE INSTALLED UNDER THE SUPERVISION.OF THE CITY OF BEAUMONT, AND SHAL"L.CONTAIN AN INDEMNITY CLAUSE INDEMNIFYING THE CITY AGAINST ANY _.NEGLIGENCE OF GRANTEE; SAID FRANCHISE TO PROVIDE FURTHER THE MANNER AND METHOD IN WHICH PAVEMENT OF ANY OF THE. STREETS MAY BE EXCAVATED., -AND PROVIDING THE MANNER OF FIXING RATES TO BE.CHARGED FOR ELECTRIC CURRENT SOLD, AND THE MANNER OF CONDUCTING SAID BUSINESS;. SAID FRANCHISE TO ALSO PROVIDE. THAT THE POLES OF GRANTEE MAY BE USED -FREE OF.CHARGE.BY THE POLICE AND FIRE DEPARTMENTS; AND SHALL PROVIDE OPTION WHEREBY THE CITY MAY PURCHASE SAID ' PLANT AFTER FINE YEARS IF.THE PEOPLE SO DESIRE; -AND FURTHER PROVIDING THAT,SAID FRANCHISE MAY BE ASSIGNED BY MR. W. L. DICKSON . TO A CORPORATION, TO BE. FORMED FOR THAT PURPOSE, BUT SHALL NOT -THEREAFTER BE AS- SIGNED UNTIL FIVE YEARS FROM AND.AFTER_THE DATE_ THEREOF. Section 2. That said election shall be held in the City of Beaumont at the following places, toy -wit: In the First Ward at the French School Building, Junker School Building, Averill School Building, and Central Fire Station. -360 In the Second Ward at the Beaumont High School Building, end the City Hall* In the Third Ward at the Sabine Pass Fire Station, David Crockett Junior High School Building, South Park Elementary School Building, and the Giles School Building, and Hebert School Building. All voters residing in County voting precinct..Ho. 1 in the City shall vote at the French School Building; all voters residing in County voting precinct No. 2 shall vote at the Junker School Building. -all voters residing in County voting precinct No. 4 in the City and that part of County voting precinct No. 47 lying within the city limits of the City of Beaumont, shall vote at Averill School Building; all voters residing in County vot- ing precincts Nos. 3, 6 and 7 in the City shall vote at the Cen- tral Fire Station; all voters residing in County voting precinct No. 5 in the City shall vote at Beaumont High School Building; all voters residing in County voting precincts Nos. 8 and 9 in the City shall vote at the City Hall; all voters residing in County voting precincts Nose 10, 13 and 14 in the City shall vote at Sabine Pass Fire Station; all voters residing in County voting precincts Nose 11 and 12 in the city shall vote at David Crockett Junior High School Building; all voters residing in County voting precinct No. 15 shall vote at the South Park Ele- mentary- School Building; all voters residing in County voting precinct Noe 16 in the City shall vote at the Giles School Building; and all voters residing in County voting precinct No. 17 in the City shall vote at the Hebert School Building. Section 3. The following naned persons are appointed officers of said election for the respective voting boxes in said vot- ing precincts: At the Junker School Building: Presiding Judge: Assistant Judge: Clerk: Clerk: ..4". Re N. Hicks Mrs. Ruth Me Coward Mrs. Gertrude Snow Mrs. Geo. Moses V-0 At the Averill School Building: Presiding Judge: Assistant Judge: Clerk: Clerk: A. F. Briggs C. L. Rut Mrs. C. A. Ganoung Mrs. A. F. Briggs At the Beaumont High School Building: Presiding Judge: Assistant Judge: Clerk: Clerk: At the Central Fire Station: Presiding Judge: Assistant Judge: Clerk: Clerk; At the City Hall: Presiding Judge: Assistant Judge: Clerk: Clerk: W. A, Daws on L. L. Rut t Mrs. S. F. Foster Mrs, Geo. Temple, ;Sr. W. 3, Siler C . L. Smo of Mrs. A. T. McDonough Mrs, Louise McMinn Tm S. Yawn Ray ,Watson Mrs. Lillian Fletcher Mrs. L, A. Taylor At the Sabine Pass Fire Station: Presiding Judge: Assistant Judge: Clerk: Clerk-: Mrs. Ben Pipkin Mrs. Mae Pipkin Mrs, B. P. Derr Mrs, Louise Pitts At the David Crockett Junior High School Building: Presiding Judge: Assistant Judge: Clerk: Clerk: E. J. Loew F. L. Fisher Mrs. Josie Bolton Mrs, B. F. Moore At the South Park Elementary School Building: Presiding Judge: Assistant Judge: Clerk: Clerk: At the Giles School Building: Presiding Judge: Assistant Judge: At the French School Building: Presiding Judge: At the Hebert School Building: Presiding Judge: Assistant Judge: W. T. Wherry Mrs. J. C. Burkhart Mrs. F. D. McGill Mrs, L. Busbee T. J. Voorhies Ell . Barton T. B. Hensley Joe Babino A. L. Price That said election shall be held in conformity with the laws of the State of Texas relevant thereto and in conform— IL. by with the Charter of the City of Beaumont• wJr a9 W 1�-A� '164-19 Vv The polls shall be open from eight o'clock A.M• to seven o'clock P.M. The proposition as set forth in Section 1 of this ordinance shall be printed in the official ballot to be used in said election, and under said proposition the re shall be printed the words: "FOR THE GRANTING OF A FRANCHISE"; and directly thereunder the words: "AGAINST GRANTING OF A FRAiv- CHISE"o All voters desiring to support the proposition to grant said franchise shall run a line or lines through or across that section of the official ballot reading as follows, to -wit; "AGAINST GRANTING A FRANCHISE"; and all voters desir- ing to vote against the proposition to grant a franchise shall run a line or lines through or across that section of the of- ficial ballot reading as follows: "FOR THE GRANTIivG OF A FRAN- CHISE". All persons residing within the city limits of the City of Beaumont who hold a valid poll tax receipt or exemption certificate shall be qualified to vote; and all such electors shall vote in the election precinct of their residence. Section 4. A substantial copy of this ordinance, signed by the Mayor of the City of Beaumont, and attested by the Clerk of said City, shall serve as proper and sufficient notice of said election, and the Mayor is hereby directed to cause one each of said notices to be posted at each of the election precincts in the City of Beaumont at each of the places designated for holding said election, at least twenty (20) days prior to the date of the holding of said election, and the person posting said notices shall make a return on the copy thereof showing the time and place of said posting, which said return shall be filed in the office of the City Clerk and shall be conclusive evidence of the posting of said notices; and a substantial copy of this ordinance shall be published at least twenty (20) days successively in a daily newspaper published in the City of Beaumont, prior to the date set for holding said election. -6*» Section b* The fact t hat the present franchise holder offering electric current and electric service for sale in the City of Beaumont is charging a high and exorbitant rate for such service, and the fact that the City has no speedy and practical method to cope with the situation in order to relieve its citi- zens of such high and exorbitant rate, creates an imperative public emergency necessitating the suspension of the rule re- quiring that.ordinances be read on three (3) separate days be- fore the passage thereof and, therefore, said rule is hereby suspended and this ordinance shall take effect immediately from and after the date of its passage, and it is so ordained. PASSHM AND APPROVED by an affirmative vote of all members of the City Commission of the City of Beaumont this the 8th day of October, A. D. 1940. - . MAYOR • City of Beaumont, xas. -7m )�--Al q qa