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HomeMy WebLinkAboutOrd 129 - rentals paid by telegraph iLLI L 114 ORpINANCE NO. l't C? t AN ORDINANCE FIXING RE~TALS TO BE PAID ,BY TELEGRAPH~ TELEPHONE, ELECTRIC, AND GAS COMPANIE9 FOR THE PRIV- ILEGE OF USING WITH THEIR POLES, WIRES, CONDUITS, PIPES, AND FIXTURES THE STREETS, EASEMENTS, AND ALLEYS AND OTHER PUBLIC WAYS WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PROVI~ING PENALTIES FOR VIOLATION, AND PROVIDING AN DaERGENCY BE IT ORDAINED BY THE BOARD OF CONil~ISSION~RS-OF THE CITY OF -WEST UNIVERSITY PLACE, TEXAS: LJ ~ ~t/ Section 1. That all persons, associations, organizations, and corporations using or maintaining any telegraph, telephone, elec- ~ tric light or other poles, gas pipe lines, pipes and other fix- turesin any of the streets, highways, easements, alleys, parks or other places within the corporate limits of the City of West University Place, Texas, shall on the 1st day of August of each and every year file with the City Secretary a sworn report show- ing the gross receipts from the business conducted by such persons, associations, organizations and corporations within the corporate limits of the said city for the preceding year ending June 30th. Section 2. The Board of Commissioners may when it may see fit have I~ Ij'I.J the books and records of the person, association, organization, _ or corporation rendering the statement required in Section 1 of this Ordinance examined by a representative of' the city to ascer- tain whether such statement is accurate, but nothing in this Ordinance shall be construed to prevent the city from ascertain- ing the facts by any other method. Section 3. That upon the 1st day of August of each and every year every person; association, organization, or corporation occup~- ing or using the streets, highways, easements, alleys, parks, or other pUblic places in the City of West University Place, Tex- as, with poles, pipes, and for other fixtures' shall as a condition to such further occupancy pay to the city annually for such priv- ileges a rental equal of four (4%~ per cent of the gross receipts received by such person, association, organization, or corpora- tion from its business conducted in the corporate limits of the City of West University Place, Texas, for the preceding year which sums shall be paid to the City of West University Place, Texas. . Section 4. That upon receipt of the above rental by the city, l the City Secretary shall deliver to the person, 'association, or- L . 175 o ganiz~tion, or, corpor~tion payiling the same a receipt for such rental, which said receipt shall authorize such person~ assoc- iation, organization, or corporation to use and occupy the streets, highways, easements, alleys, parks and other public ways of' the city in carrying on 'its business for .\twelve (12) months from August '1st of such year. Section 5. That the rental for the privilege of using the streets, alleys, highways, easements, and public places of the City of West University Place provided for in this ordinance is not charged as a tax but is made for the privilege now enjoyed and to be enjoyed by such persons, associations, organizations, and ODr- ~ porations of using the streets, easements, alleys, and other pub- lic ways of the city in the conduct of their respective business- es; and such charges are additional to all ad valorem and fran- chise taxes and to all taxes of every nature whatsoever against the persons, associations, organizations or corporations men- tioned herein. Section 6. [I . I That nO thing herein is intended to reliell"e any person, association, organization, or corporation of any condition, re- striction or requirement imposed by any law or ordinance of the said City of West University Place, Texas. fl.Al"'.t:;on YJ. Tha t this ordinance does not grant a franchise to any utility or person, association, organization or corporations to use the streets, easements, alleys and other public ways and shall ne'trer be so construed by the courts or otherwise, and the city reserves the right to cancel the privileges grant- ed hereunder and refund the unearned rentals paid to the city. r.,. Section 8. That the Uity of West University Place hereby reser- ves the right to put into effect at any time other restric- tions and regulations as to the erection and maintenance of poles, wires, pipes, and other appurtenances in the streets, easements, alleys and other public ways of the said city and from time to tfume to require such poles, pipes, wires and other property equipment and fixtures as it may deem proper to be re- moved and to require wires to be run in conduits on such terms' as the city may deem proper. fl.AC To; on q. '.[-r . That every person, association, organization, and ,... 'I' corpora tion who shll.ll operate any business without the payment of the rentats 'provided for herein shall be subject to a penalty A' .... 11.1 176 of One' Hundred ( $100.00) Dollars for each and every day that such person, association, organization, or corporation shall conduct such business using and occupying the streets, eas:ements, alleys, or other public ways of the City of West University Place with- out the payment of the said rentals which said sum may be re- covered by the Uity of West University Place in a court of com- petent jurisdiction by a suit filed therein. Sect:ion JO. That every person, association, organization or corpora- ~ion and the local manager or agent of every such person, assoc- iation, organization or corporation failing or refusing to make the report required by Section 1 ~f this Ordinance, or failing or refusing to allow the examination provided for in Section 2 herein shall upon conviction in the Corporation Court of the City of West University Place, Texas, be fined in any sum not to exceed One Hundred ($100.00) Dollars and every days failure or refusal, as mentioned in this Section, shall be deemed a separate offense. Section 11. The city fire marshal; building inspector, electrical inspector, city's police officers, and such other persons de- signated by the city, shall have power and it shall be their duty to examine and inspect from time to time all telegraph, telephone, electric light or other poles, gas pipe lines, pipes, and other fixtures in the public places within the city for the purpose of seeing tha t all of same are in a safe and sui table condition, and whenever any such item is found to be unsafe or unsuitable for the purpose for which it is used, the person us- ing, possessing or maintaining same shall be notified and re- quired to place same in a safe and suitable condition. Section 12. If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconsi tutional, -the same shall not affect the validity of this ordinance as a whole or any part or provisions thereof other than the part so decided to be invalid or uncon- stitutional. Section 13. That the fact that telegraph, telephone, electric, and gas companies have been occupying and using the streets, easements, alleys and other public ways of the City of West University Place, Texas, for many years -without the pay@ent of rent for such use creates an emergency, and this ordinance shall jake effect immediately upon its passage, approval and publica- tion as required by law. Passed and approved this ~ da ATTEST~ ~.n , r '---- LI o '-'