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Ordinance No. 4,87471210 -2 ORDINANCE NO. 4874 ® AN ORDINANCE OF THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, AUTHORIZING AND APPROVING THE MERGER OF ENTEX, INC. INTO ARKLA, INC.; AUTHORIZING AND APPROVING THE TRANSFER AND ASSIGNMENT BY ENTEX, INC. OF ITS FRANCHISE TO ARKLA, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Baytown, Texas, granted a franchise (herein "the Franchise ") to Entex, Inc., to use the streets and public ways of the City of Baytown to conduct a natural gas sales and distribution business, by Ordinance No. 2359 finally passed and adopted on December 20, 1977; and WHEREAS, Entex, Inc. has entered into an agreement with Arkla, Inc. to merge Entex, Inc. into Arkla, Inc.; and, accordingly, Entex, Inc. desires to transfer and assign the Franchise to Arkla, Inc.; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That pursuant to (a) Section 117 of the Home Rule Charter of the City of Baytown, Texas, and (b) Section 16 of the Franchise of Entex, Inc., the City Council of the City of Baytown hereby authorizes and approves the merger of Entex, Inc. into Arkla, Inc. and authorizes and approves the transfer and assignment by Entex, Inc.. of its Franchise to construct, operate and maintain a gas distribution system in the City of Baytown to Arkla, Inc. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 10th day of December, 1987. EMMETT 0. HUTTO, 4ayor ATTEST: EILEEN P. HALL, City Clerk RANDALL B. STRONG, Ci Attorney C:1:33:4