ORD CC 06/03/1941 - Telephone poles i
ORDINANCE NO.
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AN OUINA14CE FIXING TO BE PAID
BY T:aLPs;: i, T=FHG?4,8, ELECTRIC AMD
GAS GOI&ANTES FOR TIE PRIVILEGE OF USING
I TH TI IR Mus. WIRE.i. G;QHDGITa, PIPES
AM) f igl'_+iS33�, T;9I; STREETS, &A—MINTS,
ALLh lsFtTs 0T €mot T'Ci3LIC SAYS IYHTtt T2
CITY Tf RUKT�VILLw , TLXAS, PR.OVIBIAG
i"f ALTIES FOR VIOLIMONS Ant PROVIDING
FOR PUBLICATION FERKCP.
BE IT OW-AIX:0 BY TILE CITY COUNCIL OF THE CITY OF
3i`i3MSVILLE, TEXASs
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Section is The. all persons, associations, organi-
utions and aorponations _sin,- or maintaining =Y telegrrsph, telephone,
electric light or other poles, ass pipe lines, pipes and other fixtures
in any of the streets, hi,hwa}s, easements. alleys, parks or other places
within the corporate limits of the City of -Huntsville, Texas, snail an
the 1st day of August of each and every -year bagif#ning August 1, 1941,
file with the City Tax Collector a sworn report showing the gross receipts
from the business conducted ka- s+--ch persons, associations, orgsnizetions
anti corporations within the corporate limits of the said City for the
preeeedi:g your a diag .Tune 30th.
Sectioa F. The City council may, when it may sae fit,
have the books and records of the person., association, organisation or
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corporation rendering the stetenent required In Section I of this Ordi-
nance, examined b-y a representative of the City to ascertain whether
such state-ent is a,.%curate, bl ut nothinh. in this Ordinance shFI1 be can-
strued to prevent Viva City franc: ascertain=n° the facts by any other jsthoc'.
Section 3. That upon the lest dRy of August of each
and every year, begiar-ing August 1, 1841, every person, ssiiociation,
organizetion or corporation occupy imp or usin„ the streets, hiShway-s,
easements, alleys, parks or other publio places in the City of Ewatuville,
Texas, with Doles, pipes end for other fixtures shall, as a condition
to such further occupancy, pay to the City annually for such privile es
a rental equal to two per cent of thx gross receipts receivers by such
person, association orge-rdzetion or corporation from its business con-
ducted. within the oorporate limits of the City of Ruittsville, Texas, for
than precedin- year, which au ;s shall be said to the City of altsville,
Texas.
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section 4: That upon receipt of the sbove rental by
the City, the City Tax Go3lector s3ha11 deliver to the person, association,
organisetior or corporation p$ in„ the same, a reoelpt for such rental,
which said receipt shell authorize such person, association, oraaniiation,
or copor€tion to use and occupy the streets, highway. easements, alleys,
parks and other public crays of the City in cerrying an its business for
twelve (12) months from July let of such year.
Sy ect Lion bs That the rental for the privilege of using
the streets, alleys, highways, easements and public places of the City
of Funtsville provided for in this Ordinance is not charged as a tax
but is made for the privilege ucn• enjoyed and to be enjoyed by such persons,
associatione, or sni.sations and corporations using the streets., easements,
alleys, and other public ways of the City in the conduct of their res-
pective Wainesses; and seeb ehErges tre additional to all ad valorem
anO franchise taxes; and to all taxes of every noture Whatsoever as_ainst t
the persons, associations, organlzationa or corporations mentioned herein.
Section 6: Th-st uothing herein is intended to relieve
any person, association, orgpnization or corporations of eny condition.
restriction or requirement imposed by any law or ordinance of the said
City of H-j. csville, Texas.
Section 7. That this Oreinsnoo does not grant a
fr*nchisb to ezy utility ef perz-on, associition, or-*Lnizat.ion or oorpor-
ation to use the streets, easements, alloys and ot,.er public ways and shall
never be so construed by the Courts or of:erwise, and the City reserves
the right to cancel the pri.File^es granted hereunder and refund the un-
earned rentals paid to the City.
Section 8s That the City of Huntsville harebr re-
servos gRe right to put into effect at any time other restrictions and
re;Llaticns as to the erection and maintenance of poles, wires, pipes
and other frpurtenanees in the streets, easmuents, alleys, and other public
wars of the asRz City End from time to Ome to require such poles, pipes.
wires and other property "i�zwnt and fixtures as it nmvy deem proper to
be removed and to require wires to be sun in conduits on suah terns as
the City_* n-,ey deem propor.
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Section 9: That every Berson, association, organisation.
and corporation who shall operate business without the payment of the rentals
grovided for herein shall be subject to a penalty of Twenty-Five (426.00)
Dollars for each and every day that such persons , association, organization
or corporation small o-oaduct such business using the ocoupyi
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ganizations and c rporations using or maintaining any telegraph, telephone,
electric light or other poles, gas pipe lines, pipes and other fixtures
in any of the streets, hiohwayp, easements, alleys, parks or other places
within the corporate limits of the City of Huntsville, Texas, the same
shall not affect the validity of this Ordinance as a whole or any part
or provision thereof other then the part so decided to be invalid, un-
constitutional or in excess of the authority of said City Council.
Section 13: That the fact that telegraph, telephone,
electric, and gas companies have been occupying and using the streets, e
easements, alleys and other public ways of the City of Huntsville, Texas,
for many ,ears without the payment of rent for such use creates an emer-
gency, and this ordinance shall take effect immediately upon its passage,
approval and publication as required by law.
READ, ADOPTED A D APPROVc:D BY A 5/6 irAJORITY OF
the City Council of the City of Huntsville, Texas, at a meeting duly
held at the City Hall in said City, on the 3rd day of June, A. D. 1941.
R. C. STIERNBERG,
MAYOR, CITY OF H-UNT:;VTL-E, TEXAS
ATTEST:
CELESTE ROBINWTE,
CITY SECRETARY
STATE Or TEXAS
COUNTY OF •'fAIK Q I, Kate Barr Ross, City Comptroller of the
City of Huntsville, Texas, do hereby certify that the above ordinance
is a true and correct copy of the Ordinance passed by the City Council
on the 3rd day of June, 1941, and is recorded in Volume H , Page 306,
of the Irinutes of the City of Huntsville, Texas.
CITY CO&IPTROLLER