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Home My WebLink AboutORD 3-NAN ORDINANCE ENTITLED.AN ORDINANCE FIXING RENTALS TO BE PAID BY TELEGRAPH, TELEPHONE, ELECTRIC, AND GAS COMPANIES FOR THE PRIVILEGE OF USING WITH THEIR POLES, WIRES, CONDUITS, PIPES, AND FIXTURES, THE STREETS, EASE- MENTS, AND ALLEYS AND OTHER PUBLIC WAYS WITHIN THE CITY OF BEAUMONT, TEXAS, PROVIDING PENALTIES FOR VIOLATIONS, AND PROVIDING AN EMERGENCY.. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS: Section 1 That all persons, associations, organizations and corporations using or maintaining any telegraph, telephone, electric light or other poles, gas pipe lines, pipes and other fixtures in any of the streets, highways, easements, alleys, parks or other places within the corporate limits of the City of Beaumont, Texas, shall on the 1st day of August of each and every year file with the City Manager a sworn re- port showing the gross receipts from the business conducted by such persons, associations, organizations and corporations within the corporate limits of the said city for the preced- ing year ending June 30th. Section 2 The City Commission may, when it may see fit, have the books and records of the person, association, organiza- tion, or corporation rendering the statement required in Sec- tion 1 of this Ordinance, examined by a representative of the City to ascertain whether such statement is accurate, but nothing in this Ordinance shall be construed to prevent the City from ascertaining 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 occupying or using the streets, highways, easements, alleys, .y parks, or other public places in the City of Beaumont, Texas, with poles, pipes, and for other fixtures shall, as a condi- tion to such further occupancy, pay to the City annually for such privileges a rental equal to four (4%) per cent of the gross receipts received by such person, association, organi- zation, or corporation from its business conducted in the cor- porate limits of the City of Beaumont, Texas, for the preced- ing year, which sums shall be paid to the City of Beaumont, Texas. Section 4 That upon receipt of the above rental by the City, the City Manager shall deliver to the person, association, or- ganization, or corporation paying the same a receipt for such rental, which said receipt shall authorize such person, as- sociation, 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 lst 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 Beaumont 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 corporations of using the streets, easements, alleys, and other public ways of the City in the conduct of their respec- tive businesses; and such charges are additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the persons, associations, organizations or corporations mentioned herein. Sectibn 6 That nothing herein is intended to relieve any per- son, association, organization, or corporation of any condi- tion, restriction or requirement imposed by any law or ordi- nance of the said City of Beautnont, Texas. -2p, u za /V r Section 7 That this ordinance does not grant a franchise to any utility or person, association, organization or corpora- tion to use the streets, easements, alleys, and other public ways and shall never be so construed by the courts or other- wise, and the City reserves the right to cancel the privileges granted hereunder and refund the unearned rentals paid to the City. Section 8 That the City of Beaumont hereby reserves the right to put into effect at any time other restrictions and regula- tions as to the erection and maintenance of poles, wires, pipes, and other appurtenances in the streets, easements, al- leys and other public ways of the said City, and from time to time to require such poles, pipes, wires and other property equipment and fixtures as it may deem proper to be removed and to require wires to be run in conduits on such terms as the City may deem proper. Section 9 That every person, association., organization, and corporation who shall operate any business without the payment of the rentals provided for herein shall be subject to a pen- alty 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, easements, alleys, or other public ways of the City of Beau- mont, without the payment of the said rentals, which 'said slam may be recovered by the City of Beaumont in a court of compe- tent jurisdiction by a suit filed therein. Section 10 That every person, association, organization or cor- poration, and the local manager or agent of every such person# association, organization or corporation failing or refusing to make the report required by Section 1 of this Ordinance, or failing or refusing to allow the examination provided for in -3- Section 2 herein shall upon conviction in the Corporation Court of the City of Beaumont, Texas, be fined in any slam not to ex- ceed One Hundred ($100.00) Dollars,,and every day failure or re- fusal, 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 desig- nated by the City, shall have power and it shall be their duty to examine and inspect from time to time all telegraph, tele- phone, electric light or other poles, gas pipe lines, pipes and other fixtures in the public places within the City for the pur- pose of seeing that all of same are in a safe and suitable con- dition, and whenever any such item is found to be unsafe or un- suitable for the purpose for which it is used, the person using, possessing or maintaining same shall be notified and required 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 invalid or held unconstitutional, 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 unconstitutional. 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 Beaumont, Texas, for many years without the payment of rent for such use, creates an emergency, and this Ordinance shall take effect im- mediately upon its passage, approval and publication as required by law. A�SED by an affirmative vote of the City Commission this the = day of , A.D. 1940. - MAYOR - -4- The BEAUMONT ENTERPRISE Morning and Sunday STATEMENT FOR CLASSIFIED ADVERTISINU THE ENTERPRISE COMPANY BEAUMONT, TEXAS C� CC y 1 q V4 i f The BEAUMONT JOURNAL Evening except Sunday Acct. Add. Date �'? of -'eau_�lont C i t� 1 11 DateI Description I No. I LiNo. I AMOUNT Ins. nes 6-12 1 AN ORDINANCE ENTITLED AN ORDINANCE FIX- ING RENTALS TO BE 'PAID " BY TELEGRAPH, TELEPHONE, ELEC TRIC, AND GAS COMPANIES FOR r. THE PRIVILEGE OF,USING WITH 'in Gr d i IYance THEIR POLES; WIRES, CONDUITS, U 234 ` `77.,,22" PIPES; AND FIXTURES, THE STREETS, EASEMENTS, AND AL- LEYS AND OTHER PUBLIC WAYS WITHIN -THE CITY- OF MON P" PROWIDING IWAN41 NEMERGENCYc BE IT 'ORDAINED BY THE CITY COMMISSION.OF THE ' CITY OF BEAUMONT, TEXAS:"` SECTION 1 - That That all persons,' asso�igtions, or ganizations and corpq'ETonsl'e tile- �' or maintaining a' tegraph, phone, electric light c Otherpoles, 'gas pipe lines,: pipes nd other fix- tures in any of the treets, high- ways, easements, all[s, parks' or other places within fie corporate limits of the City ; o Beaumont, Texas, shall on ' the 1st day Of August of e"h and eery year file j with the City Managr a sworn' report showing the gass receipts from the business coducted by 1 such persons, associatmns, organ- izations and corporatins within the corporate limits of tie said city for the preceding year eiding June 30th. � SECTION 2' The City Commission nay, when it may see fit, have the books and records of the person,',tssociatlon, organization, or corpon:tion ren- dering the statement riquired in Section 1 of this OrdiLance, ex- amined by a representative of the City to ascertain whether such statement is accurate, but nothing In this Ordinance shall be con- ed to prevent the City from tion, organization,• or corporation 4 from"Its business conducted in the corporate limits of the City' of Beaumont, Texas, for the preceding year, which sums shall be paid to f the City of Beaumont, Texas. — -- - — — ---1 SECTION 4. PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF ,JEFFERSON Before me, the undersigned authority, personally appeared Mary A. Petru who, being by me duly sworn, says that the f ore g o i n g and attached Ordinance was published on the following dates: June 10, 11, and 12th A. D., If3 40 ills the BEAUMONT Journal. , a daily newspaper 'printed and published at Beaumont, Jefferson County, Texas. - A: 4- �-,. - A -, -, pjv-,� - Classified •dvertisinb Manager SUBSCRIBED and sworn to before ,me, this the 12 day of June A. D. I9g-_ 40 O-TARY PU IC in and for Jefferson Coun Texas -Al AN ORDINANCE ENTITLED AN ORDINANCE P ING RENTALS ' TO BE PAID ' THEIR POLES, WIRES, CONDUITS, PIPES, AND FIXTURES, THE STREETS, EASEMENTS, AND AL- LEYS AND .OTHER PUBLIC WAYS wrrMN THE CITY (JF, BEAU- MONT,' TEXAS, PROVIDING, PEN- ALTIES FOR VIOLATIONS, AND PROVIDING AN EMERGENCY. . BE IT ORDAINED BY THE CITY 'COMMISSION Or , THE' That all persons, associations, or- ganizations and corporations using or maintaining any telegraph, .tele- phone, electric light or other poles, gas'pipe lines, pipes and other fix- tures 'in any of the streets, high- ways„ easements, alleys, sparks dr other places within the corporate limits of the City of Beaumont, Texas, shall on the 1st day of August of each and every year file `— wlth the City'. Manager 'a sworn report sb6vring the gross receipts I from the business conducted by such, persons, assoclatfons, organ- izations and corporations. within the corporate limits of the said city for the preceding year ending June i 30th. SECTION'2 The City Commission: may, .when itmay see fit, have the, books , and records of the person, association, I organization,- or corporation ren- dering the statement' required in ,Section )1 of this „Ordinance, ex- amined by a representative of the City' to ascertain_ •"whether such statement is accurate, but nothing in this Ordinance, shall be con- strued to prevent the City from ascertaining the facts -by any, other method. SECTION 3. is That. upon -thee 1st day of -::August of each: and every. year,.every.per- son, 'association, organization, or corporation occupying or u s.i n g :the, streets, highways, easements; alleys, parks, or,otligr public places in the City of Beaumont, Texas, with poles, pipes, . and for, other fixtures shall; • as a ' condition to such further 'occupancy, payto the City annually for such h privileges a rental equal to four (40" per cent of the gross .receipts received .by such person, associa- tion, . organization, or ''corporation from its business conducted in the corporate limits of '. the City of Beaumont, Texas,- for,the preceding year, which stink, shall be paid to the City of- Beaumont, Texas, SECTION 4 . That upon receipt of ' the above rental by the City, the. City Man- ager shall deliver_ to the person, association-, organizatlon,�or=:oorpo- ration'paying the'same receipt for such rental, 'which- 'said receipt shall authorize such person, asso- ciation, .organization, or corpora- tion ' 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, high- ways, easements, and ,other pi�iblic places of the City .of Beaumont 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, as- sociations, organizations, and cor- porations of using the streets, ease- ments, , alleys, and other public ways of the City In the conduct of their respective businesses.- and such charges are additional to all ad valorem and franchise, taxes and to all taxes of every nature whatsoever against the persops, as- sociations, organizations or cor- porations mentioned herein. SECTION 6 .,That nothing herein is Intended to relieve any person, association, organization, or corporation of any condition, restriction or require= ment imposed by,,the law or ordi- nance of the said- City of Beau- mont, Texas. SECTION 7 That this ordinance does not grant a franchise to any utility or