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Ord. 0018 1960-03-24CITY OF PEARLAND UTILITY GROSS RECEIPTS ORDINANCE CAS-oCC_, as-(� AN ORDINANCE FIXING RENTALS TO BE PAID BY TELEPHONE 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 PEARLAND, TEXAS, PROVIDING PENALTIES FOa VIOLATIONS, AND PROVIDING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PEARLAND, TEXAS: Section 1. That all persons, associations, organizations, and corporations using or maintaining any telephone poles, lines, pipes and other fixtures in any of the streets, highways, ease- ments,alleys, parks or other places within the corporate limits of the City of Pearland, Texas, shall on the 1st day of August 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 the said city for the preceding year ending June 30th. Section 2. The board of Aldermen may when it may see fit have the books and records of the person, association, organiza- tion, or corporation rendering the statement required in Section 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 corp- oration occupying or using the streets, highways easements, alleys, parks, or other public places in the City of Pearland, 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, organiza- tion, or corporation from its business conducted in the cor- porate limits of the City of Pearland, Texas for the preceding year which sums shall be paid to the City of Pearland, Texas. Section 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 for such rental, which said receipt shall authorize such person, asso- ciation, 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 Pearland 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 advalorem and franchise taxes and to all taxes of every nature whatsoever against the persons, associations, organizations or corporations mentioned herein. n// Section 6. That nothing herein is intended to relieve any person, association, organization, or corporation of any con- dition, restriction or requirement inposed by any law or ordinance of the said City of Pearland, Texas. Section ?. That this ordinance does not grant a franchise to any utility or person, association, organization or corpora- tion to use the streets, easements, alley 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. Section $. That the City of Pearland hereby reserves the right to put into effect at any time other restrictions and regulations as to the erection and maintenance o£ 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 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 pay- ment 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 Pearland, without the payment of the said rentals which said sum may be recovered by the City of Pearland in a court of competent jurisdiction by a suit filed therein. Section 10. That every person, association, organization or corporation and the local manager or agent of every such person, association, organization or corporation failing or refusing to make the report required by Section i of 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 Pearland, Texas be fined in any sum not to exceed One Hundred ($100.00) Dollars and every day £ailure or refusal, as mentioned in this Section, shall be deemed a separate offense. Section ll. The city fire marshall, building inspector, electrical inspector, city's police officers, and such other persons designated by the city, shall have the power and it shall be their duty to examine and inspect from time to time all telephone poles, 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 ~uch item is found to be unsafe or unsuitable for the purpose 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 a~fect the valdity 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, electri- cal, and gas companies have been occupying and using the streets, easements alleys, and other public ways of the City ~ Pearland, Texas, for many years without the payment of ren~'~ such use - 2 - creates an emergency, and this ordinance shall take effect immediately upon its passage, approval and publication as required by law. Passed and approved this the ~ ~--~day of ///,d~'.,.o /.-/ , 1960. / ~/. /~/.~ ~ ' / ~ AL~N d ALD~ ' ~ . T~ ~ATE OF TE~S CO~Y OF B~ZORIA I, ~D~ ~' ~&~ , the duly ap- pointed, qdalified and acting Secretary of the Town of Pearland, Texas, hereby certify that the above and foregoing ordinance of the Town of Pearland was passed at a regular meeting of the Board of Aldermen of the Town of Pearland held on the ~ day of /~ , 19 ~, at which meeting the Mayor and Aldermen ~~ , were presenzan~ acted as the Board throughout; that the same has been approved by the Mayor and is duly attested by the Secret~ry and that the same has been duly engrossed and enrolled in the records of the Town of Peariand. E~C~D under my hand and the Official Seal of the Town of Pearland, Texas, at said Town of Pearland, this ~ day of /~ , 19~ . TO~ OF PEA~, TE~S