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HomeMy WebLinkAboutOrd 220 - fixing rentals to be paid I-~i L- [' -,--~- 205 ORDINANCE NO. 220 .AN ORDINANCE EFFECTIVE AUGUST 1ST, 1941 FIXING RENTALS TO BE PAID BY GAS COMPAl-J"'IES, OR, OTHER PERSONS , . NOW OR HEREAFTER DISTRI BUTI NG ,SELLING OR DELIVER! NG NATURAL GAS WITHIN THE CITY LIMITS DF THE CITY OF WEST UNIVERSITY PLACE, HARRIS COUNTY, TEXA$, FOR THE PRIVILEGE OF USING AND OCCUPYING WI TH THEIR POLES, WIRES, CONDUITS, PIPES, FIXTURES, AND OTHER STRUCTURES AND EQ.UIPl\iENT, TEE STREETS, EAS:EMENTS, ALLEYS, PARKS, AND OTHER PUBLIC WA~S AND PLACES WITHIN SAID CITY, PROVIDING PENALTIES FOR rmE VI OLATION OF THIS ORDI- NANCE AND PROVIDING AN'KMERGENCY. TN.HEREAS, the Houston Natural Gas Corporation has a fran- chise for the distribution, sale and delivery of natural gas to consumers wi th the city limits of the City of \Vest University Place, Harris County, Texas, and there has been litigation pe- tween said city and corporation with reference to rentals and penalties claimed by said city, and, WHEREAS, the City Commission and said Houston Natural Gas Corporation have been negotiating with reference to fixing agreeing upon a definite rental to be paid during a period of ten years, beginning August I, 1941, and have agreed upon such rental and the manner of pa.yment as heeeinafter provided. NOW, THEREFORE, BE :rr ORDl.INED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. That all persons, associations, organizations or corporations now or hereafter using or maintaining any poles, gas pipe line s, pipes, conduits, structures, or other fixtures or equipment in, under or upon any of the streets, highways, easements, alleys, parks, and other public ways and places within the oorporate limits of the City of West University Place, Texas, for the purpose of distributing, selling or delivering natural gas, shall, on the 15th day of January of each and every year, file with the City Secretary a sworn report showing the. gross receipts from the business conducted by such persons, associations" organizations and corporations within the corporate limits of said city for th.e preceding year ending December 31st. Section 2. That on, the 15th day of January of each and every year, every such person, assodation, organization or corporation so occupying or using the streets, highwa~,ease- ments, alleys, parks, ~nd other public ways and places within the corporate limits of the City of West University Place, Texas, shall, as a condition to such future occupancy and use" pay to the City annuallyror such privilege a rental equal to two per cent. (210) of the gross r\3ceipts received from su ch person, association, organization or corporation from the sale of gas to all consumers (except tho$e psing gas for industrial purposes) wi thin' the corporate limits of the said City of West University Place, Texas, for the preceding calendar year, which sum shall be , '..11 . " "l1',.':'.,:r,!1. ;'.lr:=J'7":7.".:H;:. T' 206 paid to said City, and the Cit y Secretary shall del i ver unto such person, association, organization or corporation a receipt for such rental. Section 3. That as long as such person, association, organization or corporation shall pay said yearly rental as and when same is due, it shall have the right to use and occupy the streets, highways, easements, alleys, parks, and other public ways and places wi thin the corporate limits of the City of West University Place, Texas, in accordance with its franchise, with such poles, gas pipe lines, pipes, con- duits, fixtures, stru~tures, or other equipment as shall be necessary or proper 'for the carrying on of the business of selling, distributing and delivering gas within said corporate limits for a period of ten (10) years, beginning August 1st, 1941. ' Sect ion 4. The provisions of this ordinanoe shall apply to any and all persons, associations, organizations and corporations now or hereafter engaged in the business of distributing, selling or delivering natural gas within the UODpotate limits of the City of West University Place, Texas and it likewise represents a contract or agreement or com- promise.between the said Houston Natural Gas Corporation and themCity, and shall have the same force and effect as if said agreement had been an inducing cause and part of the con- sideration for the granting of the franchise under which said. company is how operating in said City, provided, however, that such rental shall be }:aid and this ordinance shall be effective beginning with August 1, 1941, and the first rental to be paid shall be due January 15', 1942, on its said 1941 business (as hereinbefore defined or limited), from and including Augustlst, 1941, and not prior thereto, carried on as hereinbefore described by any such person, association, organization or corporation here- inbefore descri bed. This ordinance, however, shall definitely and finally fix the rental to be paid by the Houston Natural Gas Corporation in said ten year term ending July 3l,1951, thereby removing all uncertainty as to the rental that shall be paid by said corporation during said period, for the privilege Of the use or occupandy of the City's streeta, highways, easements, alleys, parks, and other publio ways and places within its limits by said corporation, as herein desceibed. Section.5. The Oity Commission, or the City's duly authorized officers designated by the City, may examine and in- speot from time to time, on reasonable notioeand,under reason-- able rules and regulations, any and all such poles, wires, con- dui ts, pipes, fixtures, and other structures and equipment lo- cated in the streets, easanents, alleys, parks, and other public ways and plaoes within the City for the purpose of determining whether said equipment and property is in a sage oondition, and' --) l-l 207." r I L whenever such property is found to be unsafe, or in such con- dition as might 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, associat,ion, organiza- tion or corporation who shall fail or -refuse to make the report and pay the rental required by this ordinance shall, upon con- viction of the offense of such failure or refusal in a court of competent jurisdiction in' a. suit filed therein by the City, be fined in any sum not to exceed One Hundred Dollars ($100.00) for such offense. Section 7. This ordinance shall be effective August 1, 1941, irrespective of the date of its enactment, and the first report to be filed by said corporation on January 15,'1942, shall cover only the period between and inCluding August 1,1941, and Dec- ember 31, 1941, and said two per cent. (2~) rental for the year 1941 shall apply obly to the gross receipts hereinbefore des- cribed received by said corporation from its gas sales within said City (exclusive of industrial consumers) from August, 1st, 1941, to December 31st, 1941, inclusive. Said City recognizes and affirms the fact that said corporation has fully paid an~ and all rentals due by it up to Augus t I, 1941. The two per cent. charge or rental provided herein shall be in lieu of all franchise taxes, rentals, taxes and charges whatsoever now de- manded or which may hereafter be demanded, assessed or levied by said Gity against said corporation (excepting ad valorem taxes and the ten dollars ($10.00) yearly franchise fee provided for in said Company's franchise) during the said ten year period. Section 8. If any part or phrase o~ clause in or of this ordinance be held invalid or unconstitutional, such holding shall not affect the validity of the remainder of this ordinance, or the validity of this ordinance as a whole, other than said part, phrase, or clause held invalid or unconstitutional. , . Section 9. The fact that the Houston Natural Gas Corp!?l'ation has been occupying and using the streets, highwB.iJ3,easem.ents, alleys, parks, and 'other public ways and places within the' corporate limits of the said City of West University Place, Texas, without payment for such use and occupancy but under a franchise granted by the City, and s~id corporation and the City wish to finally and definitely fix and dtermine the total rental that shall be paid by said gas corporation for said period ~f ten years, be- ginning August 1, 1941, creates an emergency,ahd this ordinance shall take effect and be in full force and effect from and after August I, 1941,' and it is so enacted. . ,t _L . 208 "1J::: .1 J'. ,- ~ I: : I PASSED, APPROVED 'and ENACTED, this :2 3 '6f , day of July, 1941. 1--1 ------.J Mayor ATTEST: ~e------ Act ng C~ty se.cretary ! I , I ~Il ~)