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Home My WebLink AboutORD 579 - ORD Annual rental & Use of All maintenance Poles, Gas pipelines, Pipe Conduits III ,J L,I. ! ' ~ 18 ORDINANCE,NO.'~79 I; , AN ORDINANCE FIXING AND DEl'ERMINmG AN ANNUAL RENTAL FOR . THE USE AND MAINTENANCE OF POLES ,GAS PIPELINES, PIPES, CONDUITS, STRUCTURES OR. orHER FIX'rURES OR EQUIPMENT OF ALL 'PERSONS'" ASSOCIATIQWS, ORGANIZATIONS OR CORPQR.A.TIONS DISTRI~ BillING', SELLING OR DELIVERING. NATURAL GAS WITHIN THE CITY OF WEST' UNIVERSITY PLACE, TEX4S.., IN', UNDER OR UPON THE STREETS, HIGHWAYS, EASEMENTS; ;ALLEYS,,' PARKS' AND DrHER PUBLIC WAYS AND , 'PLACES' 'WITHIN THE. CORPORATE ,LIMITS OF SAID CITY FROM AUGUST 1,.' 19.51 TO AND INCLUDING JULY 31, 1961; PROVIDING FOR ANNUAL. REPORTS TO BE MADE BY SUCH PERSONS, ORGANIZATIONS, ASSOCIATIONS OR CORPORATIONS. TO THE CIrY. SECRErARY"AND PROVIDING ESPECIALLY FOR THE PERIOD OF TIME FROM JANUARY 1, 1951 'f6 JULY 31, 1951 AND FROM".4,UqUST 1; 1951 TO DECEMBER 31,1951, AS AFFECTED BY ORDINANCE NO. 220 AND THIS ORDINANCE; PROVIDING FCR THE CITY'S RIGHI' ,(F I~~PECTIClN AND EXAMINATION OF' SUCH PERSONS', ASSOCIATIONS', ORGANIZATIONS' OR CORPORATIONS' POLES, PIPES, GAS PIPELINES, COND.lJ~TS,,_~TRUCTURES OR orHER)~~IXTURES. OR EQUIPMENT. IN, UNDER OR UPON ANY OF THE PUBLIC WAYS AND PlACES WITHIN THE CORPORATE LIMITS OF THE CITY; . PROVIDING FOR AND ENACTING . A FI~E TO BE ASSESSED AGAINST ANY PERSON "ASSOCIATION, ORGANIZATION OR. CORPORATION \l'ffiO SHALL FAIL OR REFUSE TO MAKE THE REPORT AND PAY THE RENTAL AS PROVIDED FOR IN THIS ORDINANCE, AND DECLARING AN EMmGENCY. WHEREA.S, on the 28th day of July, 1941, the City Connnission of the City of West University Place did pass, ~pprove and enact Ordinance No. 220, which said Ordinance prescribed the annual rentals to be paid by the Houston Natural Gas Corporation to the City of West University Place, Texas, for ,.using or main~aining_ ,poles, gas pipelines, pipes, conduits, stru. ctures and other fixtures or equipment in, under or upon the streets, highways, easements, alleys, park~ and other public ways;:llJ.d places within the corporate limits of , the City of West University Place,'Te:xas, for the purpose of distributing, selling or delivering natural gas for the period of time beginning August I, 1941 and extending for ten (10) years until .August I, 1951; and WHEREAS, the effective date o~ said Ordtn~nce is at an end and it is the desire of the City Commission of the, C~:~Y~"Q~\-W~~t Umv.,er{S;it,y }Pla,~e, Texas, to re-enact the provisions as contained .:tn'Ordinanc~,N.9. 220 and "as the same affects the Houston Natural Gas Corporation;',,' ,,~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That all persons, associations, organizations or corporations now or hereafter using or maintaining any poles, gas pipelines, pipes, conduits, structures or otherfiitures or equipment in', under or upon any of the streets, highways, easements, alleys, parks and other public ways and places within the corporate limits of the City of West University Place, Texas, for the purpose of distributing, selling or delivering natural gas'shall, o lJ o ] ! U D 2'19 .1 on the 15th day of Jam;IB.ry of each and every y~ar "file 'with the City Secretary of said City a sworn report showing the gross receipt~ from the business ' conducted by such persons, association~, organizations and corporations within the corporate limits of said City for ,the preceding ,year ending December 3l. Section 2. That on the 15th day of January of each and f}very y~ar every such person, association" organization or corporat~on so occupying, or usingcthe streets" higrnyays, easements, alleys, parks and. other public ways and places within the corporate limits of the City of WE;1~t University Place, Texas, shall, as a condition precedent to such future occupancy and use, pay to the City annually for such privilege a rental equal to two percent (2%) of the gross 'receipts're~eivedby sucn person, association, organization or corporation from the sale of gas to all consumers (except, thos~ using-gas for'industrial purposes) within the corporate limits of th~said City of West Uniyersity Place, Texas, for the pregeding calendar year, which sum shall be paid to said City, and the City Secretary shall deliver unto such person, association, organization or corporation, a receipt for such rental. ' Section 3. That as~lpng as such person, assoc~ation, organization or corporation shall pay, said yearly rental as and when .~a!!le is due, it shall have the right to use. and occupy i;.he st~eets, highways, easements, alleys, parks and , otherp1iblic Vfay-sand placeswtthili, :the corporate limits of the City of West -Urp.vers:l.ty- PIace,. Texas, in accordance -with its franchise, with such poles, gas pipe1ines,'pi2es, Gonduits,fixtures, structures or other equipm~nt as shall be necessary. or proper;'for the carrying on of the pusiness pf selling".distributing and ':delivering ,gas within said 'corporate limi ts~ for, a ,period of ten,. (10) years beginning Augllstl, 1951 and endingJ~"31" ;1961. . -,. , ' , . . , ,Section 4,.-' r, The provisions of this: Ordinance shall apply to any and all persons', associations, organizations an9- corporat;ions.'n.()w or hereafter engagedi~'the:bus~ness of distributing, selling or deliver~g natural, gas wi thin t-he, corporate" limi ts of the Gi ty of West Uni versi ty Pla~e, Texas, and it likewise repr.esents a. contract or ~greement bet'V'reen -said Houston, Natural 'Gas Corporation;.and tlieCity, ~nd. shall pave the same for.ce and effect a,s if ._ said. agreement had been in inducing"cause and part of the. con,sideration)'or the granting of the franchise under'which said company is now operating in said City; 'provided, however, that"such rental shall b~ pai9-, .and this Ordinance shall be effective as of, the, end-of the effective period of, Ordinance No. 220, such date to be AUgust I, 1951, and the first renta~ to be paid under this Ordinance shall be due January l5, 1952 on said company's 1951 business from and including August I, 1951, together with the rental due and payable under the terms and provisions of Ordinance No. 220 eff~ctive.from January 1, 1951 to August I, 1951, as carried on, as hereinbefore described, by any such perSon, association;'organization or corporatiop) as hereinbefore.described. The annual rental under Ordinance No. 220 and under this Ordinance being the same,' the Houston Natural Gas Corporation shall pay the rental based upon its gross receipts,as' hereinbefore' set, forth, for'the year 1951.the same as if the period' of time covered by, and the effective date of Qr,9.inance No. 220 .were extended for the ,remaining months of the year 1951. Section 5. The City Commission of the City of West University Place's L .., ,. l' I' ":1 [ JII III l. 1 ,J ' 220 duly au:th~rized officers, as designated by the City, may examine arid inspect, 0 from time to time, on reasonable'notice and 'under reasonable 'rules and , regulations, any and ali such poles, conduits, pipes) fixtures, pipelines and other structions and equipment located in, on and tmderthe streets, highways, easements, alleys, parks and other public ways and places within the City, for the purpose of determining whether said equipment and property 'is in ,a safe condition, and whenever such property is found to be unsafe, or in, such condition as niight cause injury to the,public, then such User ,or ' owner of same shall be notified and required to remedy such 'condition within a reasonable time. Section 6. That every such person, association, organi~ation or corporation who shall fail or'refuse to niake the report,.and pay the rental required by this Ordinance shall, upon conviction of the offense of such failure or. re:fusal in a' court of competent. jurisdiction, in a suit ,filedc. , therein~bythe City, ,be fined any sum not to exdeed One Hundted DClllars ($IOO.OO) for such offense. ." , Section 7. This Ordinance shalLbe effective a.s of August 1, 1951, irrespective of the date of its enactment and the first report required to be filed<by said ~corporation on January-15:, 1952, shall cover not only the period of time between and including August 1, 1951 and December 31, 1951, but also' . ',shall cover the period of time between January 1, 1951 and July 31, 1951, as required under. the terms and provisions of Ordinance No. 220,'and'said.two perc~nt (2%) rental for the year 1951 shall apply to the gross receipts,,, ' hereinbefore'described, received by said 'corporation from its gas sales within Ui' said City (exclusive of industrial consumers) from"- January 1, 1951 to December 31, 1951, :1.nclusive, the same as if and to the same extent that s~ch c,orporation.. has, heretofore filed such annual reports, in' c()mpliance with the terms of Ordli.nance No. 220. The two percent :(2%) charge. or rental, .' provided. herein 'shall be in lieu of all franchise taxes, rentals, taxes and charges whatsoever now demanded or which mayhereaf'ter be demanded, assessed or levied by said City against said corporation (except ad valorem taxes and the $IOyearly franchise 'fee proVidedfor.'in said Company's fran'chise) during the said ten-year period from Augu~t, 1, 1951 to and including July 31, 1961. .' ' , Section 8. If any part of phrase or c'lause in or of this ,Ordinance be~eld invalid or unconstitutional, such holding shall no~ affect the validity of the remainder of this Ordinance, or the validity of this Ordinance as.a wh~le, other than said part, phrase., or clause held invalid or unconstitutional. Section '9~ The fact that th~ Houston Natural Gas Corporation has been occu~g and using the streets, highways, easements., alleys, .parks, and otlier public ways and places' within the corporate limits of the City of West Universitf,Place,Texas, and continues to so occupy and use such streets, highways, easemerits, alleys, parks and other public.places within said City under a franchise, granted by the, City and said corporation and the City mutually wish to ~inallyand definitely fix and determine. the annual rental that shall be paid by said Gas Corporation for the period of time beginning August I, 1951 and ending July 31, 1961, creates an emergency, and t!lis Ordinance theref)ore [J 221 l shall take effect and be in full force and effect from and after August 1, 1951, and it is so enacted. PASSED this, the 6th day of August, A.D. 1951. COMMISSIONERS Hangs, Mooney arid Nisbet and Mayor Pro tem Holman vot ing aye. 'COMM!SSIONERS None voting no. APPROVED this, the 6th day of August, A. D. 1951. /I?~k2 . ~Mayor Pro tem of. the Qity of West University Pl~ce, Texas l ATTEST, City Secretary 1-- . APPROVED: ~~...~~,lt ,'. ..... .Ci.ty Attorney ..'..'.... ' . . . ~ - \.., , , c , c l 1:..:_:-::::::::::::" _:-.::~:::r:: .::--I::"::::":-.:l.___~_~I.: 1,_ III