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Home My WebLink About29 03-07-1955ORDINANCE NO. 29 AN ORDINANCE PROVIDING FOR REQUIREMENT OF FILING ANNUAL REPORTS BY TELEPHONE, TELEGRAPH, ELECTRIC, WATER AND OTHER PUBLIC UTILITY SUPPLIES WITHIN THE CITY OF EULESS, TEXAS, AS PROVIDED IN ARTICLE 1121, 1925 REVISED CIVIL STATUTES OF TEXAS, AND FOR EXAMINATION, OF BOOK AND RECORDS OF SUCH SUPPLIERS S BY A DULY AUTHORIZED REPRESENTATIVE OF THE CITY; PROVIDING FOR RENTALS TO BE PAID BY SUPPLIES OF SUCH PUBLIC UTILITY SERVICE FOR THE PRIVILEGE OF USING THE STREETS, EASEMENTS, ALLEYS, PARKS, AND OTHER PUBLIC WAYS WITHIN THE CITY OF EULESS, TEXAS, AN .AMOUNT EQUAL TO TWO (2.) PERCENT OF THE GROSS RECEIPTS RECEIVED BY SUCH SUPPLIES DURINIG THE PREVIOUS CALENDAR YEAR; PROVIDING A PENALTY FOR FAILING TO FILE SUCH ANNUAL REPORT AND PAYMENT OF RENTAL AS PROVIDED THEREIN, OF ONE HUNDRED ($100.00) DOLLARS FOR EACH AND EVERY DAY THAT SUCH SUPPLIER, SHALL CONDUCT SUCH BUSINESS AND OCCUPY THE STREETS, EASEMENTS, ALLEYS, PARKS AND OTHER PUBLIC WAYS OF THE CITY, DURING NTHICH SUCH SUPPLIER SHALL BE IN DEFAULT; PRESCRIBING A PENALTY OF NOT TO EXCEED A FINE OF M0RE THAN ONE HUNDRED ($100.00) DOLLARS FOR FAILING AND REFUSING TO ALLOW EXAMINATION OF SUPPLIER'S BOOKS AND RECORDS; CONTAINING A SAVINGS CLAUSE, DECLARING AN EMERGENCY, AND PROVIDING THAT SUCH ORDINANCE SHALL BE EFFECTIVE AND BE IN FULL FORCE, AND EFFECT UPON ITS ADOPTION AND PUBLICATION AS BY LAW PROVIDED. BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF EU`LESS, 1. THAT all persons, associations, organizations, and corporations using or maintaining any telegraph, telephone, electric light or other poles, gas pipe lines, water pipe lines, pipes and other fixtures in any of the streets, highways, eq..aem ent s, alleys, parks or other places within the corporate limits of the it y of Euless, T ex_a.s, shall on the i st day of March 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, orgax.iza.tions and corporations within the corporate, limits of the said City and such other information as is provided by Article 1121, 1925 Revised Civil Statutes of Texas, for the preceding year ending December 310 2. THE City Council may whon it may see fit have the boobs and records - of the person, association, organization, or corporation rendering the statement required in Section 1 of this Ordinance examined. by a repre- sentative 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 fact by any other method. - 1 - 3 . THAT on or before the lst day of April of each and every yeas, every person, association, organization, or corporation occupying or using the streets, ighways, easements, alleys, parks, or other public places in the City of Euless, Texas, with. poles, pipes, and for other fixtures shall as a condition to such further occupancy pay to the City annuclly for such privileges a rental equal of two (2) percent of the gross receipts received by such person, association, organization, or corporation from its business conducted in the corporate limits of the City of Euless,? Texas, for the preceding year which sums shall be paid to the City of Euless, Texas; provided that the provisions of this section shall not apply to any public utility supplier that is furnishing public utility service to the pity of Euless., Texas, and its inhabitants pursuant to a franchise duly issued to such supplier by the City Council of said Ci ty . 4. THAT upon receipt of the above rental by the City, the City Secretary shall deliver to the person, association_, organization, or corporation paying the same a receipt of such rental, which said, receipt shall authorize such person, association, organization, or corporation to use and occupy the streets, high - ays, easements, alleys, parks and other public ways of the City in carrying on its business for twelve (12) months from January 1, of such year. 5. THAT the rental for the privilege of using the streets, alleys, highways, easements, parks or other public places of the City of Euless provided for in this ordinance is not charged as a ta.x, but is made for the privilege now enjoyed and to be enjoyed bysuch 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 persons, associations, organizations or corporations mentioned herein. 6. z ng THAT noth/ herein is intended to relieve any person, association, organization, or corporation of any condition, 'restbiction or requirement, imposed by any law or ordinance of said City of Euless, Texas. 7. THAT 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 never be so construed by the courts or otherwise, and the City reserves the right to cancel the privileges granted hereunder and refund the unearned_ rentals paid to the City. — IF THAT the City of Euless hereby reserves the right to put into effect at any time other restrict ions and regulations as to the erection and maintenance of Soles, 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 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. 9. THAT event person, association, organization, and corporation who shall operate any business without filing the report as provided in Section 1, hereof, and 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, parrs or other public ways of the City of Euless without the payment of the said rentals which said sum may be recovered, by the City of Euless in a court of competent jurisdiction by a suit filed herein. 10. THAT every person, association, organization or corporation and the local manager or agent of every such person, organization or corpora - tion failing or refusing to allow the examination provided, for in Section 2 hereof shall upon conviction in the Corporation Court of the City of Euless, Texas, be fined in any sum not to exceed One Hundred 0100000) Dollars and every day's failure or refusal, as mentioned in this Section, shall be deemed a separate offense. 11s THE City `%Fire Marshal, Building Inspector, Electrical Inspector, City 1s Police Officers- a- ffc-euch other persons designated 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, water pipe lines, pipes and other fixtures in the public places within the city for the purpose of seeing that all of same are in a safe and suitable condition, and whenever any such item is found to be unsafe or unsuitable for the purpose for wl�1ich it is used the Verson using, possessing or maintaining same shall be notified and required to place same in a safe and suitable condition. 12. IF any section, paragraph, subdivision, clause, phrase or pro - vision of this Ordinance shall be adjud`;ed 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. -3- 13. THAT the fact that suppliers of public utility services, as provided herein, have been occupying and using the streets, easements, alleys and other public w.-,,ys of the City of Euless, Texas, for many years without the payment of rent for such use creates an emergency, and this ordinance shall tape effect immediately upon its passage, approval and publication as required by laws 14. The City Council specifically finds and declares that there is no newspaper of any character published in the City of Euless, Texas, and the Mayor is further authorized and directed to cause a True and Correct Copy of this Ordinance, duly certified by the City Secretary, to be posted in three public places within the Cite: one of which shall be at the City Hall, for a period of ten (10) days following the adoption hereof. 15. THIS Ordinance shall become effective, and be in full Force and effect from and after. the date of its adoption and publication as by law provided. ADOPTED this 7th day of March, A. D. 1955. APPROVED ATTEST r C Y SECRETARY THE STATE OF TEXAS CITY OF' EULESS TEXAS COUNTY OF TAR,PANT � ' I, Jo S. Anderson, City Secretary of the ('ity of Eule ss, Texas, do hereby certify that the foregoing i s a true and correct copy of Ordinance Teo. 29, duly presented and adopted by 'she City Council of said City of Euless, Texas, at a meeting -field on the _day of iiarch, A. D. 1955, as same appears in the minutes of said meet' ng. WITNESS I.iY HAND AMID THE SLAV OF THE CITY OF EULE SS, TEXAS, this the day of l''iarch, A. D. 1955, City Secretary . . I :%-, 1 CITY OF EULESS EULESS, TEXAS March 12, 1955 To the Secretary of the City of Euless; Please be advised that I have this day of ordinance no. 29, as adopted by the in regular session on March 7, 1955 in. locations within the City of Euless: One cony on cafe building next door to and Fire Ball building: now under const posted copies City Council the following Community Center ruction. one copy in Fuller Brotherand Nair general store. �n�c��r -rr3 ��F -i=►.� i-r, -M n �. ..� = ors t/ —e 0-6tSincerely yours, City Marsha