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HomeMy WebLinkAboutORD 9-OAN 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, EASEMENTS, AND ALLEYS AND OTHER -PUBLIC WAYS WITHIN THE CITY OF BEAUMONT, TEXAS, PROVID- ING PENALTIES FOR VIOLATIONS, REPEALING ALL ORDIN- ANCES IN CONFLICT HEREWITH, AND PROVIDING.AN EMER- GENCY. BE IT ORDAINED BY THE CITY COMMISSION OF TEE CITY OF BEAUMONT, TEXAS; Section 1. That all persons, associations, organizations and corpora- tions 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 lst day of August of each and every year file with the City Manager a sworn report showing the gross receipts from the business conducted by such persons, associations, organ- izations and corporations within the corporate limits of the said City for the preceding year ending June 30th. Section 2. - The City Commission may when it may see fit, have the books and records of the.perl association, organization, or � g corporation rendering the state�ent, required in Section 1 of this Ordinance, examined by a representative of the City to as- certain whether such statement is accurate, but nothing in this Ordinance shall be construed toyprevent the City from as,certain- ing the facts by any other metljod.. 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, parks, or other public places in the City of Beaumont, Texas, with poles, pipes, and for other fixtures shall, as a condition to such further occupancy, pay to the City annually for such privileges a rental equal to two (2%) per cent of the gross receipts received by such person, association, organization, or corporation from its busi- ness conducted in the corporate limits of the City of Beaumont, Texas, for the preceding 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, organiz- ation, or corporation paying the same a receipt for such rental, which said receipt shall authorize such person, association, organization, or corporation to use and occupy the streets, high- ways, 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 respective businesses; and such charges are additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the person, associ- ations, organizations or corporations mentioned herein. Section 6. That nothing herein is intended to relieve any person, association, organization, or corporation of any condition, re- striction or requirement imposed by any law or ordinance of the said City of Beaumont, Texas. - 2 - cc Section 7. That this ordinance does not grant a franchise to any utility or person, association, organization or corporation to use the streets, easements, alleys, and other public ways and shall never 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. Section 8. That the City of Beaumont hereby reserves the right to put into effect at any time other restrictions 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 time to require such poles, pipes, wires and other property equipment and fix- tures 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 persons, association, organization, and cor- poration who shall operate any business without the payment of the rentals provided for herein shall be subject to a penalty 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 Beaumont, without the payment of the said rentals, which said sum may be recover- ed by the City of Beaumont in a court of competent jurisdiction by a suit filed therein. Section 10.- That 0: That every person, association, organization or corpora- tion, and the local manager or agent of every such person, associa- tion, organization or corporation failing or refusing to make the report required by Section 1 of this Ordinance, or failing or re- fusing to allow the examination provided for in Section 2 herein - 3 - shall, upon conviction in the Corporation Court of the City of Beaumont, Texas, be fined in any sum not to exceed One Hundred ¢100.00) Dollars, and every day failure or refusal, as mention -- ed 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 design- ated 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 the Courts of the State of Texas have recently held our present ordinance covering this matter invalid, leaving the City without the legal right to charge the telegraph, telephone, electric and gas companies a rental for the use of the streets, easements, alleys and other public ways of the City of Beaumont, creates an imperative public emergency necessitating the suspension of the rule requiring ordinances to be read on three (3) several days before -their final passage. Wherefore, said rule is hereby suspended and this ordinance shall take ef- fect immediately upon its passage, approval -and publication as r - 't required by law. Section 14. All ordinances or parts of ordinances in conflict here- with shall be, and hereby are, expressly repealed. PASSED by an affirmative vote of all members of the City _4 Commission of the City of Beaumont, Texas, this the 4L day of August, A. D. 1942. - 5 -