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HomeMy WebLinkAboutORD 28-Wz?. VV Section 1. It is hereby granted Bus Bench Advertising'Company, a .corporation,-,for.a period 'of.five (5) 'years from the acceptance of this ordinance as hereinafter provided, the rightandauthority -to construct, 'erect -and'maintain-at locations,within'the City of 'Beaumont to be de"signated as hereinafter provided, beri6hes for the use -,and accommodation of the patrons, and users of buses and public',conveyances and of the public generally,,and to use and employ the backs of said benches for advertising sold by the Grantee hereof tb,persons, firms, corporations, and the public generally. Grantee shall have the.option torenew­'this-frandhise for an additional five (5) year period -and shall exercise said option by -serving notice in writing to the City of Beaumont not later .than thirty (30) days.before'the--expiration of this franchise. Section 2. As compensation -for this franchise and for the use -of the public property herein contemplated to be used, Grantee shall pay AN' ORDINANCE NO V� -AN ORDINANCE GRANTING -TO BUS BENCH ADVERTISING COMPANY,.,A CORPORATION, ,,A FRANCHISE TO CONSTRUCT - ERECT AND MAINTAIN FOR A PERIOD. OF FIVE S YEARS.- -,'-RENEW WITH-: 6-PTibN TO FOR FIVE ADDITIONAL YEARS, AT. LOCATIONS, AT ''STO ' PS ON BUS ROUTES - IN, THE-, CITY -.OFBEitMONT. BENCHES; -TO -USE AND-EMPLOY.THE BACKS THEREOF FOR ADVERTISING;- PROVIDING FOR A- FIXED". ANNUAL t'HkRGE 'FOR, SUCH, FRANCHISE AND FOR, PAYMENT AT THE RATE OF ,EIGHT DOLLARS- —($ BENCH CONTAINING..,ADVERTISING.IPER.YE.,AR; PROVIDING -FORA MINIMUM.OF BENCHES CONTAINING `ADVERTISIN G; -PRP-_ , VIDI.kG',T0R PRO'ER-CoNSTRtTdTION AND -MAINTENANCE OF BENCHES;-._ PROVIDING FOR, INDEDINITY TO THE, CITY OF BEAUMONT;'-AND,FOR PUBLIC tIAB ILITY I INSURANCE - TO ' INDEMNIFY THE CITY'..OF..-BEAUMONT; . PROVIDING. . FOR. THE I DtSIdkA LOCATION AND REMOVAL OF.BENCHES,AND AP1R bVAt. OF MINIMUM. NUMBER .OF LOd,,ATf ONS'. ­­ PROVIDING -. FOR D INIMUM,NUMBER.OF BENCHES ---, -I-S'T-A-LLA,T,I'-ON-OF MINIMUM. NUMBER . OF WItiINDESIGNATEDTIMES;"PROVIDINGF0R­DISPOSITION OF,SAID-BtNCHESUPON-TERMINATIONOF-FRANCHISE-AND-- tCTENSIONS THERbQF;- PROHIBITING CERTAIN TYPES OF- - . ADVtRTIS,Ikd;.PROViDING..,,FOR-REMOVAL OF OBJECTIONABLE'' . . DISFIGUREMENTS; PROVIDING A FORFEITURE CLAUS-E; MAKING PROVISIONS OF,CHARTER.APPLICABLE- PROHIBIIT- -- TNG,ASSid-i NTOFFRANCHISE WI-T'HO,UTC6NSENT-OF_ CITY CbUNdIL1EVIDENdEDBY RESOLUTI0N-PROVTPTNG,FOR AcdEPTANcE.ftEREbF;-PROVIDING,FOR SURRENDER OF EXISTING FRANCHISE; PROVIDING A SAVINGS CLAUSE. -IT ORDAINED:BY-THE CITY OF BEAUMONT: Section 1. It is hereby granted Bus Bench Advertising'Company, a .corporation,-,for.a period 'of.five (5) 'years from the acceptance of this ordinance as hereinafter provided, the rightandauthority -to construct, 'erect -and'maintain-at locations,within'the City of 'Beaumont to be de"signated as hereinafter provided, beri6hes for the use -,and accommodation of the patrons, and users of buses and public',conveyances and of the public generally,,and to use and employ the backs of said benches for advertising sold by the Grantee hereof tb,persons, firms, corporations, and the public generally. Grantee shall have the.option torenew­'this-frandhise for an additional five (5) year period -and shall exercise said option by -serving notice in writing to the City of Beaumont not later .than thirty (30) days.before'the--expiration of this franchise. Section 2. As compensation -for this franchise and for the use -of the public property herein contemplated to be used, Grantee shall pay annually in advance to the City of Beaumont, a fixed charge of Ten and no/1'00.($10.00) Dollars per year, and in addition at the rate of Eight•.and no/100 ($8.00) Dollars per bench"per year for each bench operated or maintained in the City and which bench contains advertising of a customer of Grantee, said payments to be made monthly, ori or before the ,10th day of each month for the pre- ceding.month;_ providing that at the end.of twelve months and thereafter Grantee agrees to maintain a minimum of seventy-five (75) benches containing advertising.. Grantee shall furnish to the city a certified statement of the number of benches operated or maintained in -the City and which benches contain advertising of a - customer of Grantee monthly. Section 3. The benches constructed, erected, maintained and furnished by Grantee shall be substantially, durably and attractively con- structed of concrete base and sides, of wooden or -plastic seats and backs, and firmly -secured by bolts, pegs or -otherwise, in a durable and safe manner, and shall be maintained by Grantee at - all times attractively.and in .such condition -that same shall not constitute a menace to the safety and well-being of any persons. Section 4. Grantee. -is to indemnify the City -.of Beaumont against any claim for damages incurred by any firm., person or corporation by reason of the operation and maintenance of the benches on public property in -the City of Beaumont, and the Grantee shall file with the City Clerk -of the City of Beaumont a policy of public liability' -insurance issued by a casualty insurance company authorized to do business within the State of Texas, conditioned for the payment on behalf of Grantee or. the City of Beaumont for any damages incurred,:: by any person, firm or-corporation.by reason of the construction and maintenance of the benches at said loca- tions by Grantee herein, with -limits of not less than Fifteen Thousand (15,000.00) Dollars for one person and Thirty Thousand ($30,000.00) Dollars for one entire accident, said insurance company shall -specifically agree in said policy to defend any and all law suits filed against the City of Beaumont by reason of size construction, operation or maintenance of said benches-.,- Section enches. - Section 5. The benches shall, when possible, -be placed at locations of bus stops, on the routes of buses and other -public conveyances in -2- the streets in the area not used for vehicular thoroughfares and in places where said benches will be convenient to the use of the public and shall not constitute a hazard to the safety of the public or an impediment to traffic. Grantee shall from time to time furnish to the City Council of the City of Beaumont lists of locations within the City of Beaumont which shall be subject to approval, in whole or in part, by the City Council of the City of Beaumont. No bench or benches shall be placed at any location in a residential area within the City of Beaumont oVer the written objection of the adjacent property owner. No bench or benches shall be placed at any location within the City of Beaumont until such location shall have been approved by the City Council. Any bench or benches placed at any such location or locations shall be removed upon receipt of written direction from the City Council or its duly authorized agent ordering the removal of such bench or benches. The City Council of the City of Beaumont will within a reasonable time approve from such locations as may be submitted by Grantee a minimum of one hundred and fifty (150) locations for the placing of benches and such additional locations from these submitted by Grantee as the City Council may within its discretion determine appropriate; provided, however, that the City Council in making up the minimum of one hundred and fifty (150) approved locations shall not be required to approve a location which it may deem objectionable. Grantee shall place benches at all bus stops as may be directed by the City Council, subject to all other provisions and limitations of this franchise. Section 6. Grantee shall within six (6) months from the effective date of this ordinance have located a minimum of seventy-five (75) benches at approved sites, and within twelve (12) months from the effective date of this ordinance the Grantee shall have located a minimum of one hundred and fifty (150) benches at approved sites, and said benches shall be erected and maintained according to the terms of this ordinance. This required minimum is subject -3- to the City'Council's approval of said number of locations within the time specified. Section 7. Upon termination of this franchise and of any extension or extensions thereof, all benches of Grantee situated in and upon the streets, avenues and other public places in the City of Beaumont shall at the option and upon the payment of the City of Beaumont to Grantee of a fair valuation therefore be and become the property of the City of Beaumont. The said fair valuation payable by the City of Beaumont to Grantee shall be ascertained by the arbitration and appraisement of a majority of three appraisers, one of whom shall be appointed by the City Council, one of whom shall be appointed by the Grantee, and one of whom shall be designated by the first two appraisers so appointed by the City Council and Grantee. If said two appraisers shall be unable to agree upon the designation of a third appraiser or if the City Council or Grantee shall Fuse within a period of thirty (30) days after notice to appoint or designate an appraiser the County Judge of Jefferson County, Texas, shall designate such appraiser. The valuation so fixed by a majority of said three appraisers shall not include any payment or valuation because of any value derived from the franchise or the fact that Grantee's business is or may be a going concern duly installed and operated. If the City Council of the City of Beaumont shall not desire to acquire the said benches and property by the payment of a fair valuation therefor then and in that event the said benches shall be removed from said locations by said Grantee without cost or expense to the City of Beaumont, the surface where such benches were located fully restored to their former condition, and the real property used and employed for such benches shall thereupon be and remain the property of the City of Beaumont. -4- Section 8. The advertisements placed and maintained on such benches by Grantee shall not include advertisements of alcoholic -beverages or of businesses or establishments whose principal business is the manufacture, sale, or handling of alcoholic .beverages or any advertisements which the City Council shall determine to be fraudulent, illegal, or immoral. Section g. Grantee shall maintain said benches and advertising in a clean condition at all times and shall make reasonable inspections of same, and shall immediately remove or paint over any dis- figuring marks, pictures or wording which may be objectionable to the public in general; and Grantee shall immediately at the request of the City Manager of the City of. Beaumont, or his or her agent, remove or paint over any disfiguring marks, pictures, or wording which, in the opinion of the City Manager, may be objectionable, and shall immediately remove any advertising which has been so disfigures and which, in the opinion of the City Manager is objectionable. Section 10. If the Grantee fails or refuses to comply with the terms of this franchise the City Council may notify the Grantee in writing of such failure or refusal and if the Grantee does not comply therewith within thirty (30) days after receipt of such notice, the City Council may at its option cancel this franchise. Section 11. The provisions of the Charter of the City of Beaumont, however, insofar as such provisions are applicable and to the extent to which they may not lawfully be superseded by this con- tract,shall be considered a part hereof as though expressly written herein and the Grantee shall be bound thereby. -5- - W SURRENDER OF BUS.BENCH FRANCHISE WHEREAS, the City Council.of:the City of Beaumont, Jefferson County, Texas, did on -the 21-st day of November, A. D.J9 1950P 'pass on third and final reading a -certain ordinance same being captioned as follows: "AN ORDINANCE GRANTING TO BUS BENCH ADVERTISING COMPANY, A_CORPORATION,_.A FRANCHISE.TO,CONSTRUCT, ERECT AND MAINTAIN FOR A PERIOD -OF FIVE YEARS WITH.OPTION TO RENEW FOR FIVE ADDITIONAL YEARS,. AT LOCATIONS.AT-STOPS ON BUS ROUTES.IN THE CITY OF BEAUMONT, BENCHES; TO USE AND.EMPLOY THE BACKS THEREOF FOR ADVERTISING; PROVIDING FOR A,FIXED .ANNUAL CHARGE_FOR.SUCH FRANCHISE AND -FOR PAYMENT - AT THE -RATE OF.'EIGHT DOLLARS.($8.00) PER BENCH CONTAINING ADVERTISING.PER YEAR; PROVIDING FOR A MINIMUM OF BENCHES CONTAINING ADVERTISING; PRO- VIDING FOR PROPER CONSTRUCTION AND MAINTENANCE OF BENCHES; PROVIDING FOR.INDEMNITY-.TO THE.CITY OF BEAUMONT;,.AND FOR PUBLIC LIABILITY.INSURANCE TO INDEMNIFY THE CITY. OF BEAUMONT; PROVIDING FOR THE DESIGNATING.OF LOCATION'AND REMOVAL OF.BENCHES AND APPROVAL OF MINIMUM NUMBER.OF LOCATIONS; PROVIDING FOR INSTALLATION OF MINIMUM NUMBER. OF BENCHES WITHIN DESIGNATED TIMES; PROVIDING FOR.DISPOSITION OF SAID. BENCHES _UPON TERMINATION OF FRANCHISE AND_ EXTENSIONS THEREOF;,PROHIBITING CERTAIN TYPES OF ADVERTISING;:PROVIDING FOR REMOVAL OF OBJECTIONABLE - DISFIGUREMENTS;_ PROVIDING A FORFEITURE CLAUSE; MAKING PROVISIONS OF.CHARTER APPLICABLE; PROHIBIT- ING ASSIGNMENT OF FRANCHISE WITHOUT CONSENT OF'CITY COUNCIL EVIDENCED BY RESOLUTION; PROVIDING.FOR ACCEPTANCE HEREOF; PROVIDING FOR SURRENDER OF EXISTING FRANCHISE; AND.PROVIDING.A_SAVINGS CLAUSE." and WHEREAS., said ordinance granting said franchise to Bus Bench Advertising Company, a corporation will become effective as an ordinance of said -C.ity , of Beaumont at the expiration of sixty (6.0)_ days from November 21; 1950, to -wit: January 20; 1951, and the said ordinance by its terms.provides.that after the passage of said ordinance on: third and -final reading and on or prior to the, effective date of said ordinance, grantee shall file with the Clerk -of the City a written surrender- of its present Bus Bench Franchise which franchise was originally granted on third and final reading -on Augus,t,10, 19+8; to Ben S. Woodhead and W. -A. Tatum, doing business as Bus Bench Advertising Company,said ordinance being captioned as f ollows: -"AN ORDINANCE GRANTING TO BEN S. WOODHEAD AND W.. A. TATUM, DOING BUSINESS AS BUS BENCH AD- VERTISING_C-OMPANY, A PARTNERSHIP., A FRANCHISE TO CONSTRUCT, ERECT AND._MAINTAIN FOR -A PERIOD OF FIVE -YEARS AT LOCATIONS.AT STOPS ON BUS. ROUTES IN THE CITY OF.BEAUMONT,.BENCHES;-TO USE AND EMPLOY. THE- BACKS THEREOF, FOR. ADVERTISING; PROVIDING FOR A.FIXED.ANNUAL CHARGE FOR.SUCH FRANCHISE AND FOR PAYMENT OF TEN PERCENT OF THE GROSS RECEIPTS TO THE CITY OF BEAUMONT WITH A MINIMUM GUARANTEE AT THE RATE OF EIGHT DOL- _ LARS (.$8.00:) PER BENCH PER YEAR; JROVIDING FOR. PROPER -CONSTRUCTION AND MAINTENANCE OF.BENCHES;, PROVIDING. FOR INDEMNITY -TO THE CITY OF BEAUMONT; AND FOR PUBLIC-.LIABILITY.INSURANCE TO INDEMNIFY THE CITY OF BEAUMONT;.PROVIDING FOR_THE DESIGNA- TING OF -LOCATION AND REMOVAL OF BENCHES AND - APPROVAL OF MINIMUM.NUMBER OF LOCATIONS; PROVID- ING FOR INSTALLATION OF MINIMUM NUMBER OF BENCHES WITHIN 'DESIGNATED . TIMES; . PROVIDING FOR DISPOSITION OF SAID .BENCHES.UPON TERMINATION OF FRANCHISE AND EXTENS,IONS.THEREOF;.PROHIBITING.. CERTAIN - TYPES OF_ADVERTISING; PROVIDING FOR RE- MOVAL -OF OBJECTIONABLE.DISFIGUREMENTS;_PROVIDING A FORFEITURE_CLAUSE;_MAKING PROVISIONS -OF CHAR- = TER APPLICABLE; PROHIBITING -ASSIGNMENT OF FRANCHISE WITHOUT CONSENT -OF CITY COUNCIL EVIDENCED BY RESOLUTION_;-PROVIDING.FOR ACCEPTANCE HEREOF; AND PROVIDING A SAVINGS CLAUSE. and by the said Ben S. Woodhead and W. A. Tatum, doing business as Bus Bench Advertising Company; -conveyed to grantee, which surrender of said franchise -shall be effective upon the said franchise pa-ssed on third and final reading on the 21st day of November,. 1950, becoming effective, and -it is the desire of the -.Bus Bench'Advertising Company, a private corporation,_ to surrender its said present franchise.which surrender shall become effective upon said franchise passed on third and final reading on.the 21st day of November,'1950, becoming effective. NOW, THEREFORE, KNOW ALL MEN BY THESE -PRESENTS: That the Bus Bench -Advertising Company, a private. corporation, organized and existing under the laws of the State of Texas, acting herein by and through its duly authorized officers does by -this instrument hereby formally surrender to the City of Beaumont the franchise granted to Bus Bench Advertising Company, a corporation, by the above,.--r6-ferred to ordinance duly passed on third and final reading on the 10th day of August, A. D., 1949, by the City Council of the City of Beaumont, Texas, which said ordinance and franchise is hereby referred to and made a part -hereof for all purposes, which surrender of said franchise shall be effective upon the franchise above referred to passed on third and final reading on the 21st day of November, A. D., 1950, becoming effectibe. IN WITNESS WHEREOF, the Bus Bench Advertising Company, a private corporation, has caused these presents to be executed in its name by C. B. Holland, its President and to be attested by W. A. Tatum, its Secretary -Treasurer, and to have its seal impressed hereon as of date the day of A. Do.? �9�• - BUS B ADVERTISING COMPANY By: - Presi ent ATTEST i _1�creta y -Treasurer THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority a notary public in and for said state and county, on this day personally appeared C. B. Holland, President of the Bus Bench Advertising Company, known to me to be the person and officer whose name is subscribed to the fore- going instrument and acknowledged to me that the same is the act of the said Bus Bench Advertising Company, a corporation, and that he executed the same as the act of such corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE; this the day of A. D., 19-N�L. d - NOTARY PUBLIC aN AND FOR JEFFERSON COUNTY, TEXAS Filed in the officg of the ty Clerk of, the Cit_ y of Beaumont, Texas, on this the _ ay of A.y -A D., 19,T/ . CIT•.L , ti1��Ri177 EXERCISE OF AND NOTICE OF OPTION TO RENEW FRANCHISE WHEREAS, the City Council of the City of Beaumont, Jefferson County, Texas, did, on the 21st day of November, A. D. 1950 pass on the third and final reading, a certain ordinance same being captioned as follows: and "AN ORDINANCE GRANTING TO BUS BENCH ADVERTISING COMPANY, A CORPORATION, A FRANCHISE TO CONSTRUCT, ERECT AND -MAINTAIN FOR A PERIOD OF FIVE YEARS WITH.OPTION TO,RENEW FOR FIVE ADDITIONAL YEARS, AT LOCATIONS AT STOPS ON BUS ROUTES IN THE CITY OF BEAUMONT, BENCHES; to USE AND EMPLOY THE BACKS -THEREOF FOR ADVERTISING; PROVIDING FOR A FIXED ANNUAL CHARGE FOR SUCH FRANCHISE AND FOR PAYMENT AT THE RATE OF EIGHT DOLLARS ($8.00) PER BENCH CONTAINING ADVERTISING PER YEAR; PROVIDING FOR A MINIMUM OF BENCHES CONTAINING ADVERTISING; PRO- VIDING FOR PROPER CONSTRUCTION AND MAINTENANCE OF BENCHES; PROVIDING FOR INDEMNITY TO THE CITY OF BEAUMONT; AND FOR PUBLIC LIABILITY INSURANCE TO INDEMNIFY THE CITY OF BEAUMONT; PROVIDING FOR THE DESIGNATING OF LOCATION AND REMOVAL OF BENCHES AND APPROVAL OF MINIMUM NUMBER OF LOCATIONS; PROVIDING FOR INSTALLATION OF MINIMUM NUMBER OF BENCHES WITHIN DESIGNATED TIMES; PROVIDING FOR DISPOSITION OF SAID BENCHES UPON TERMINATION OF FRANCHISE AND EXTENSIONS THEREOF; PROHIBITING CERTAIN TYPES OF ADVERTISING; PROVIDING FOR REMOVAL OF OBJECTIONAL DISFIGUREMENTS; PROVIDING A FORFEITURE CLAUSE; MAKING PROVISIONS OF CHARTER APPLICABLE; PROHIBIT- ING ASSIGNMENT OF FRANCHISE WITHOUT -CONSENT OF -CITY COUNCIL EVIDENCED BY'RESOLUTION; PROVIDING FOR ACCEPTANCE HEREOF; PROVIDING FOR SURRENDER OF EXISTING FRANCHISE; AND PROVIDING A SAVINGS CLAUSE;" WHEREAS, said Ordinance granting said franchise to Bus Bench Advertising Company, a corporation, became effective as an ordinance of the City of Beaumont on January 20, 1951 and the said ordinance by its terms'provides that the said Bus Bench Advertising Company, a corporation, shall have anoption to renew said franchise for an additional five (5) year period and shall exercise said option by serving notice in writing to the City of Beaumont not later than thirty -(30) days before the expiration of said franchise; and WHEREAS, the said Bus Bench Advertising Company did, on the 4th day of November, A.- D. 1955 in all things exercise said option to renew said franchise for an additional five (5) year period by resolution duly -passed and adopted by the Board r- of Directors of said Bus Bench Advertising Company, a private corporation, and it is the desire of Bus Bench Advertising Company, a private corporation, to in all things exercise said option to renew said franchise for an additional five (5) year period and to serve notice in writing to the City of Beaumont of the exercise of said option to renew said franchise; NOW, THEREF ORE, KNOW ALL MEN BY THESE PRESENTS That the Bus Bench Advertising Company, a private corporation, organized and existing under the laws of the State of Texas, acting herein by and through its duly authorized officers does by this instrument hereby formally exercise the option to renew said franchise for an additional five (5) year period and, furthermore, does by this instrument hereby formally serve notice in writing to the City of Beaumont of the exercise by Bus Bench Advertising Company of its option to renew said franchise of Bus Bench Advertising Company for an additional five (5) year period, said franchise being the franchise hereinabove referred to and as described in the above mentioned ordinance passed and adopted on the third and final reading by the City Council of the City of Beaumont, Texas on the 21st day of" November, A. D. 1950 as aforesaid, which said ordinance and franchise are hereby referred to and made a part hereof for all purposes. IN WITNESS WFEHREOF, Bus Bench Advertising Company, a private corporation, has caused'tilese presents to be executed in duplicate originals in its name by C. C. Wilkinson, its President, and to be attested by W. A. Tatum, its Secretary -Treasurer, and to have its seal impressed hereon as of the 4' day of November, A. D. 1955. -ATTEST;-- -Decile-tary- reasurer BUS BEN H ADVE TISING COMPANY BY President _____T_ THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, a Notary Public in and for Jefferson County, Texas, :on -this day personally appeared C. C. Wilkinson, President of Bus Bench Advertising Company, known to me to be the person and officer whose name is subscribed in the foregoing instrument, and acknowledged to me that the same is the act of the said Bus Bench Advertising Company, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND,SEAL OF OFFICE this day of November, A. D. 1955. NOTARY PUBLIC IN AND FOR--� tilts, i;�t�CiiAAT�iR�`l, �3ata�y EFFERSON COUNTY, TEXAS in and for Jefferson County,, Texar> Filed in the office of the City Clerk of the City of 71 V Beaumont, Texas on this the /'�� day -of Nove ber, A. D. 55. t%kY CLERK of the CITY OF BEAUMONT, TEXAS f a 0i 1x956 WHEREAS, the City Council of .the.City of Beaumont, Jefferson County, -Texas, did on -the 21st -day of November, A. D.; 1950; pass on"thlyd and final reading a certain ordinance, same being captioned as follows: •1 "AN ORDINANCE GRANTING TO BUS BENCH ADVERTISING COMPANY, A CORPORATION, A FRANCHISE TO CONSTRUCT, ERECT AND MAINTAIN. FOR A PERIOD. OF FIVE YEARS WITH.OPTION_TO RENEW FOR FIVE ADDITIONAL -YEARS, AT LOCATIONS AT STOPS ON BUS ROUTES IN THE CITY OF BEAUMONT,BENCHES; TO USE AND. EMPLOY -THE BACKS THEREOF FOR -ADVERTISING; PROVIDING FOR A FIXED _ 'ANNUAL CHARGE FOR SUCH- FRANCHISE AND FOR . PAYMENT AT THE RATE OF EIGHT DQLLARS.($8-.00) PER BENCH CONTAINING'ADVERTISING PER YEAR; PROVIDING FOR A- MINIMUM OF BENCHES CONTAINING ADVERTISING; PRO- VIDING FOR PROPER -CONSTRUCTION AND MAINTENANCE OF BENCHES; -PROVIDING FOR INDEMNITY.TO THE CITY OF BEAUMONT; AND FOR PUBLIC LIABILITY INSURANCE TO INDEMNIFY.THE CITY OF BEAUMONT;_PROVIDING FOR THE DESIGNATING OF_LOCATION-AND REMOVAL OF.BENCHES.AND APPROVAL OF MINIMUM -NUMBER OF LOCATIONS; PROVIDING -FOR. INSTALLATION OF MINIMUM NUMBER OF BENCHES WITHIN DESIGNATED.TIMES; PROVIDING FOR DISPOSITION OF SAID.BENCHES UPON TERMINATION OF FRANCHISE AND EXTENSIONS THEREOF; PROHIBITING CERTAIN TYPES OF ADVERTISING; PROVIDING FOR REMOVAL OF OBJECTIONABLE DISFIGUREMENTS; PROVIDING P_ FORFEITURE CLAUSE;" - MAKING PROVISIQNS OF CHARTER APPLICABLE; PROHIBIT-: - ING ASSIGNMENT OF FRANCHISE WITHOUT CONSENT OF CITY COUNCIL EVIDENCED- BY -RESOLUTION; PROVIDING. FOR ACCEPTANCE HEREOF;.PROVIDING.FOR SURRENDER OF EXISTING FRANCHISE;.AND-PROVIDING A SAVINGS CLAUSE. WHEREAS, said ordinance granting said franchise to'. o Bus Bench Advertising Company,a-corporation, will become -effective as an ordinance of the City of Beaumont on January 20' 1951, and the said ordinance by its terms provides that the said Bus Bench Advertising Company-, a corporation shall file with 'the City Clerk of the City of �Bea-umont, Texas., a written acceptance of said franchise within thirty .-(30) days after said ordinance- takes -effect, -and WHEREAS, the said Bus Bench -Advertising Company did on the 18th day of December, A. D., 1950, in -all things accept said Bus - Bench franchise from the -City of Beaumont, by resolution duly passed and adopted by the Board of Directors of said Bus Bench Advertising Company,a private corporation, and it is the desire of Bus Bench Advertising Company, a private, corporation, to in all things accept such franchise -and grant. z NOW, THEREFORE, KNOW ALL.MEN BY THESE PRESENTS: That the Bus Bench Advertising Company, a private corporation, organized and existing under the laws of the State of Texas, acting herein by and through its duly authorized officers, does by this instrument hereby formally accept the grant and franchise hereinabove referred to and as described in the above mentioned ordinance passed and adopted on third and final reading by the City Council of the City of Beaumont, Texas, on the 21st day of November, A. D., 1950, as aforesaid, which.said ordinance and franchise is hereby referred to and made a part hereof for all purposes. IN WITNESS WHEREOF, the Bus Bench Advertising Company, a private corporation, has caused these presents to be executed in duplicate originals in its name by C. B. Holland, its President, and to be attested by W. A. Tatum, its Secretary -Treasurer, and to have its seal impressed hereon as of date the day of A. D., lgd-/ A2TES T : �ocre-ary-Treasurer THE STATE OF TEXAS COUNTY OF JEFFERSON BUS B H ADVERTISING COMPANY By: Presi lent BEFORE ME, the undersigned authority, a notary public in and for said state and county, on -this day personally appeared C. B. Holland, President of the Bus Bench Advertising Company, known to me to be the person and officer whose name is subscribed to the fore- going instrument and acknowledged to me that the same is the act of the said Bus Bench Advertising Company, a corporation, and that he executed the same as the act of such corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /� day of�,��/,�y� , A. D., 19,S--/. V OTAR PUBLI AND FOR JEFFERSON COUNTY, TEXAS U3 A Filed in the off i,e of the it_y Clerk of the-, City of Beaumont, Texas, on this the -�— day of _ -A Dom; 10.1 _ - moo/ .. � • � - CITY, --CLERK ERK Section 11-A. This grant shall not be sold, transferred or assigned by Grantee except with the consent and approval of the City Council, such consent and approval to be evidenced by resolution adopted by the said City Council. Section 12. Within thirty (30) days after this ordinance takes effect the Grantee shall file with the Clerk of the City a written acceptance of the same, and when the ordinance shall have been accepted by.the Grantee such ordinance and acceptance shall con- stitute the contract between the City and.the Grantee. Section 13. After the passage of this ordinance on 3rd and final reading and on or prior to the effective date of this ordinance, Grantee shall file with the Clerk of the City a written surrender of its present Bus Bench Franchise which Franchise was originally granted on 3rd and final reading on August 10, 1948, to Ben S. Woodhead and W. A. Tatum, doing business as Bus Bench Advertising Company and by them conveyed to Grantee, which surrender of said Franchise shall be effective upon the Franchise hereby granted to Grantee becoming effective. Section 14. If any provision or part of this ordinance shall be deemed, adjudged and decreed to be unconstitutional, void, illegal, or ineffective for any reason, same shall not affect the remaining and other provisions or parts of this ordinance and the City Council declares that it would have passed and approved the valid and effective parts and provisions of said ordinance without reference to the inclusion of any parts or provisio provisions of this ordinance which were deemed, adjudged or decreed to be unconstitutional, void, illegal or ineffective for any reason. ki PASSED on 1st reading by the City Council on the day of f-a-�rz. 9 A. D. , 1950. - d� PASSED on 2nd reading by the City Council on the day of (a , A. D., 1950. PASSED on 3rd and final -reading by the City Council on the a,s- day of �.-, rz� , A. D. , 1950. y Mayor- -7- S4