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ORD CC 03/06/1941 - Telephone Poles tilt CJ IWNCE W vol.c $,, paWi 4n ordinance fixing rentals to be paid by telegraph, tel.sgtaone, elecstrio, sand Zas e0m.• ptanies for the privilege oz, usirat; 4)'i°th tbaAr polea, mrirea, coaaduits, pipes, and fixtures, the streete, easements, alleys sari ether public =mays v:t,.t<hin the City of Huntsville, Texas, providing, for publication hereo. BE IT.uRlils:INED BY 'T>i: %',ITX COUNCIL OF Tait CITY OF -Mv'TSVIL S, 'TEXA."'� SECTION is That all persons# associatiowo organ zatioria and corporatYi.onp,-asing or Main)� , tainin wky to ograph, talepiaonc, electric light or other poles, vv.s pipe lines, pipes and ether fixtures in any of the strrecits, highways,, easements, alloys, parks or other places within the corporate ILAi.'ts of the City of iluntssvil'le, texas, shall on the lat day of A€,tguat of e€teh and every year beginning �aaE�€a€stz �, 1pdEl, tike with than City Tax Celleo«o for a sworn. report showLag the grows receipts fraa the business conducted by such persona, associations, organizations and corporations within the corporate limits of the said City for the pareeeooding year ondi June 30th, SECTION 2t The City Council iz.W, when it may see tit, have the 'hooks and records of the parson, association, organization or corporation rendering the statems ant required in Section 1 of this i�dinanee, examined by a repree€a teative of the City to rascartai.n whether such statement is a€saursate, but nothing in this Obdi vance shall be construed, to prevent the City frcm asoertaininn the xa.ote by any other me3thvd. SECTION 3s That upon the lot day of august of each and every year, begirding August 1, 1441" emery person, assoola-L-ion, orgdnizet on or corporation accupying or using the streets, hi ?-wtay, easements, alleys, parks or of !v p vawie pl000r, in t7he City of liuntsvil7o, Texas, with ,soles, pipers and for other f'inturbss shall, as a condition tion to saaeah further ocoup€ancy. pay to the City annually for astizah pri vi laces €a rental equal to two per cent of the gross receipts reoelved by such person, assoolaatsion, orgAni.z€attion or corporation from its busi- ness oonductaed i7ithin the corporate limits of the City of Huntsville, Texas, for the pre- octdirsc year , rovhacn asc&as saaa33 be paid to the City of Huntsville, co"wo, SECTION 4a That upon receipt of the above rented by the City, the City Tax Collector shall deliver to the person, association, organization or corporation paying; the same,a receipt for such rental, whoth said receipt shall authorize su©h parsons association, or- ganization or caox poraation to use and occupy the streets, easements "alleys,, and other public ways of the City in carryiM on its business for twelve (122 motaths from JiAly 1s`c of siAch years SICTION bs That the rental for the privileges of using the streets, allays highways, easeme}etas° and public places of the City or Huntsville provided for ire this Ordinance is not charged as a tax but is made for the privilege aow enjoyed and to be enjoyed by such porsone, a,ssociat ons, organizations and corporations usingr the streets, easements, awlloys, and other pub?ice imys of the City in the cmdvot of their respective busluessesD and such charges are €a.dd!'Glo aail to all cad quloran and' f'r a'achiz e taxes and to all taxes of every nature whatsoever agrainst `Mies persons, aGSOOJLtttit)2aS, or�;� 2atii?AJ or corporations mention- SECTION aaereira, SECTION ds That notching herein is intended to relieve and parson., auscol ation, organ5tao Lion or corporation of any condition, restrict,i. n or regnirene;att Imposed by fare° law or ordiza wo of the said City of R�Qntnville, Toxasy SECTION U Th4vtR this Ordinance does not bgrant a franchise to any utility or person, association, Organization or oarporRtion to use the streets, eanoment, alleys and other public ways and shall never be so consttr-oed by the Courts or otsheirwi:se, and the City re- serves the right to cancel tise privileges ;sanest hereunder and refund re afials paid to the City, SECTION 83 That the City of Huntsville hereby reserves the right to put into effect at any time otshor restriotions and regulatic.Lns as to the erection and maint;atmnc;e of pokes, wires, pipes and other appurtenances in the streets. oaasenents, allays, and other public vmys of the sddd City and f rma tU-4 to time to require such poles, pipes, wires and rather prApsr'ty eTuis_�ent and fixtures as it may Beam proper to be reioved and to require v res to be run in conduits on such teraas as to City May deaw: proper. SECTION pg That every person, association, organization, and corporation who shall op- erate business without the paymes,t of the rentals provided for herein shall be sub;jeott to a peualty Of twenty—five (YO2 a,00) dollars for each and a aer`a' day that such person. association, Organization or corporation s hall caonduvt such business usi% and Occupying the streets, easene:xts, .alleyz or other publio way a of the City of aiustsvillss without 9g the payment of the said rentals which said stra. may be recovered by the City or Hunts. villa in a. Court of competent jurisdiction by a suit filed theroi.nm SECTIOT 104 Mat every person,. easociatii'ons organization or corporction end the local artaxaaZar of avant of every such jaoraon, association, organization or coapor tioa failing., or re i'*.zsing to maize the report required by Section 1 oaf this Clydimnoea or fai.linG or refusing to allow the examine ior. provided for in Sootion 2 herein, shall upon ocanviotio_n in the Coxpe<xa*3on Court of the wity of 7,11un;s•ville, texas, be fined in any sm not to e;se coed twenty-r!'ve (02540) do lars, eaazd, a-Tory day*s failure or refusal, as . antioned In this Section, sbalt be deoraed a �oparato oVeasc SECTION Ili The City "ire Marshall, Building Inspector, Bleetri.oal Inspootor, the Ci 'a police officers, and such other scrsons desi hated by the City, shall have 9ovmr and it shall be Vioir duty to examine and inspect from time to time all telegraph, telephone electric light or tolwr p4'leas., gars pipe lines pipes sa ad other f i.:,t*.wos in the public plact3s Tvi hln toes t;itya for the purpose oo swain g boat sl.l of same are In a safe and suit- able condition, and te3saever any such ite d is found to be unsafe or un-suitable for the purposes for dhioh. it is used, the perawn, using, ppWzesai:ag or aua,intainiza.g sauce sball be noti ed and req=,aared to place saz!~� in a safe ar„d suitable fond tion* BECTION 121 If' any section, gaattagr'aaph, sabdi.vislon, ol.cuaca, phrase or provision of this Ordinanoe shall. be udjud;„ed invalid, ar hold uueonstitutipnal,, or If the r talc herein provided for the pr.vile a of.' v ir-S the streets alloys, bigirmys, sasenente and public Places oaf the City of Huntsville, sa-,Fas, uhall be adjudged to be not authorized as to any portion or portions of the x;s4aoss or s winoasen oc ducted and carried on in 8aid City by such persons, assoolationa, and t,orpr}rations using or raaintainir;g and tffile rra ah, velevp for cs, ele ctrie light or ct:o--� pales, gas ?)Iw lines;, pipa t and other f �o tunes in any of the strews hiigjavaays, eaO=,G n,s, alleys, parks or othar plaaws within the corporate lima of the Gity Of u s u i 33ca, T�. a$ tho s ae shall not dff e3ct the validity of this Ordinance as ax adhole or any ;part or pro Ision thereof other than the art so de- aided to be invalid, unoonstitut-loza or ij, e,,oeass :3f tkae au6.hority of said City Wntrrcil.. =31,109 15o i'h t tha fact that tol.egraph, -telephone, electric and gas Oorapanies have boon cocupying aid usi.ng the streets,. wmawnez}4s, alloys and other public -v ys of the City of Huntsville, ToAas, for �.-=y re a a Tr thouv the earn noxrG of rant r-or �uoh sure creates an worgsnayr and thi.e; ordhiaxnce shall iWlw effect i -nediately upon its passage, approjul and publication as required by law, EMAD, ADOPTED AND AF?'-;ZOkSD by a 66/x6 majority of the City Clo aaeail of the City of Huntsville Texaco at a. zgieeti.n.; daily hold €ct the gity Hall in said City, can the 5ed day of June, At Dos 1741, Sti or n er g ge yon ATTEST$ Palos't&. q�i i lS City' Z'wretary 94