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HomeMy WebLinkAboutO-7-12-53TOWN OF ALLEN UTILITY 61iUSb ItECF.IPTS U;L)I11 ..:)F # AN ORDLJANCE FIXING RENTALS TO BE PAID BY TELEGRAPH, T71E- PHONE ELECTdIC, AND GAS COMPANIES FUR TNF. PRIVILEGE OF USING 71.12TH THEIP PULES, WIRES, CUNDUITS, PIPRS, AND FIXTJRES THP_ STREETS, EASRMFNTS, UH) ALLEYS AND OTHER PUBLIC WAYS WITHIN THE TOWN OF ALLEN, TF..iAS, PROVIDING PENALTIES FOd VIuLATIoNS, AND PPuVIDI!:G AN FEERGEOCY. BE IT ORDAINED BY THE BUARD OF CCM=ISSIONERS OF THE TOWN uF ALLEN, TEXAS: Section 1. That all persons, associations, organizations, and corporations us- ing 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 Town of Allen, Texas, shall on the lst day of August of each and every year file with the City Secre- tary 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 May 31st. Section 2. The board of Commissioners 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 Ordi- nance shall be construed to prevent the City from ascertaining the facts by any other method. Section 3. That upon the lst 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 Town of Allen, 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`Ao) per cent of the gross receipts received by such person, association, organization, or corporation from its business conducted in the corporate limits of the Town of Allen, Texas, for the preceding year which sums shall be paid to the Town of il'len, Texas. Section 4, That upon receipt of the above rental by the city, the ':'ity 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 June lst of such year. Section 5. That the rental for the privilege of usinv *,the streets, alleys, highways, easements, and public places of the Town of Allen 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 persons, associations, organizations or corporations mentioned herein. " Section 6. That nothing herein is intended to relieve any person, association, organization, or corporation of any condition, restriction or requirement imposed by any law or ordinance of the said Town of Allen, Texas. IWL Section %. 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 granted hereunder and refund the unearned rentals paid to the city. Section 8. That the Town of Allen 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 fixtures as it may deem proper to be removed and to require wires to be run in conduits on such terms as the Town 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 penalty of One Hundred (-.;100.00) dollars for each and every day that such person, association, organization, or corporation shall conduct such busi- ness using and occupying the streets, easements, alleys, or other public ways of the Town of Allen, without the payment of the said rentals which said sum may be re- cpvered by the Town of Allen 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 corpora- tion 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 Section 2 herein shall upon conviction in the Corporation Court of Town of Allen, Texas, be fined in any sum not to exceed One Hundred 0100.00) Dollars and every day failure or refusal, as mentioned in this Section, shall be deemed a separate offense. Section 11. 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 telegraph, telephone, electric light or other poles, 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, possess- ing or maintaining same shall be notified and required to place same in a safe and suitable condition. Section 12. I£ anv section, paragraph, subdivision, clause, phrase or provision of the 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 there- of other than the part so decided to be invalid or unconstitutional. Section 13. That the fact that telegraph, telephone, electric, and gas companies ,have beenoccupying and using the streets, easements, alleys, and other public ways of the Town of Allen, 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 1 S/ day of A, D. 19 j�3_. de Xf --- +or ATTEST: City Secre zr-.,