O-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_.
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ATTEST:
City Secre zr-.,