Ord. 0014 1960-03-10JH:eh - 3- 6- 60
ORDINANCE NO. 14
AN ORDINANCE FIXING RENTALS TO BE PAID BY GAS
COMPANIES FOR THE PRIVILEGE OF USING WITH THEIR PIPES,
GAS PIPE LINES, AND FIXTURES THE STREETS, EASEMENTS,
AND ALLEYS AND OTHER PUBLIC WAYS WITHIN THE CITY OF
PEARLAND, TEXAS, PROVIDING PENALTIES FOR VIOLATIONS,
AND PROVIDING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF PEARLAED, TEXAS:
Section 1. That all persons, associations, organi-
zations, and corporations using or maintaining any gas pipe
lines, pipes and other fixtures in any of the streets, high-
ways, easements, 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,
organization, 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
corporation occupying or using the streets, highways, easements,
alleys, parks, or other public places in the City of Pearland,
Texas, with pipes, pipelines, 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
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gross receipts received by such person, association, organiza-
tion, or corporation from its business conducted in the
corporate 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, association, 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 en-
joyed and to be enjoyed by such persons, associations, organi-
zations, 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, organi-
zations, or corporations mentioned herein.
Section 6. That nothing herein is intended to re-
•corporation 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 8. 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 of pipes,
gas pipelines, and other appurtenances in the streets, easements:
alleys and other public -ways of the said City and from time to
time to require such pipes, gas pipelines and other property
equipment.and fixtures as it may deem proper to be removed and
on such terms as the City may deem proper.
Section 9. That every person, association, organi-
zation, and corporation. 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 Pearland,
without the payment of the said rentals which said sum may be
recovered by the City of Pearland in a court of competent juris-
diction by a suit filed therein.
Section 10. That every person, association, organi-
zation or corporation and the local manager or agent of every
refusal, as mentioned in this Section, shall be deemed a
separate offense.
Section 11. The City Fire Marshal, building in-
spector, or other city 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 gas 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 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 provisions 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 uncon-
stitutional.
Section 13. That the fact that the gas companies
have been occupying and using the streets, easements, alleys, and
other public ways of the City of Pearland, Texas, for many years
without the payment of rent for such use creates an emergency,
and this Ordinance shall take effect immediately upon its passage,
approval and publication as required by law.
PASSED AND APPROVED this /0- day of March, A. D. 1960.
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Mayor, City of Pearland, Texas
i'
City Secretaty] City of Pear -
land, Texas-.
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