Ord 1347 8/1/1942 N
1
ORD11MCE
4N ORD"TANCE LEVYING A RENTZ CEARCE OF OM AND ONE-IiALF PMCENT OF GROSS INCOIS
FRUI THE SAIL OF GAS 111ITHIN TFM CITY OF
, F=L E PAID BY 110FL60NS
FI1W AIM CORPORkTIONS I2jGA,,xJM IN THE , TEXAS, TO Db
AND PUBLIC"'WAYS, OF SAID CITY SALF- OF GAS AIM WHO U6B THL ST112MTS,, ALLEyS
., AND DECLLREM AN EMERGUM*
BE IT ORDAD'TD BY THE; BOAM OF AMIZU1 OF Tn,, CITY OF 'WICHITA FALI.S. M1
SECTION 1.
There is hereby levied against each and every person., firm and corporation
engaged in the sale of gas in the City of 16'1ichita Falls., Texas., a rental charge of
one and one-half percent of the gross income from the sale of gas within such city;
such charge being made for the use of the streets,, alleys and public ways of said
city by such persons, firms and corporations angaged in the gas business.
SBCTION 2.
Any and all such persons, firras and corporations so engaged in such business
in the City shall make quarterly reports between the lst and 15th days of the months
Of laY., August., November and February of each and every year.,
a or by the President2 Treasurer or Secretary of such corpor-
or a member of such firr sworn to by such person
ation, showin� the gross amount of money received from sale of gas within the cor-
porate limits of the City of Wichita Falls., Texas., during the quarter year next preced-
ing. Such person., firm or corporationmaking the report shall pay to the City Clerk at
the time such report is made one and one-half percent of the gross amounts received
from the sale Of gas within the city for the preceding quarter., and the quarter year.,
ending on the lst day of the month in which said report is made and filed.
.�BXTION 3.
When such person, firm or corporation pays the rental provided for and
levied under 6ections 1 and 2 hereof, the City Clerk shall deliver to such person,
firm or corporation or representative., a receipt for such rental for the three
raonths' periodwhich receipt shall authorize such person., firm or corporation to
use and occupy the streets., alleys and public ways of the City of 'vv'ichita Falls
Texas
., in carrying on business for three months from the ist day of the month in which
receipt is issued and given.
LECT�ON_A*
Such person., firm or corporation shall keep in the
m the sale of vas in the said
Texas, a set of books shovdng the gross receipts fro, City of Wichita Falls
city. The lla�ror,, the Board of Aldermen and any duly designated representative of
them., or either of them., shall have the riLht at all reasonable hours to examine
such books and all other records to ascertain whether or not the reports required
under Section 2 hereof are true and accurate, but nothing herein shal be construed
to -.prevent the city from ascertaining the facts by any other method.
Ll'.;EL I_0N 5-
The rental for the privilege of using the streets, alleys �and public ways
of the City of ',j-�ichita Falls, Texas, levied herein is not charged as a tax., but is
levied for the privilege heretofore and now enjoyed and to be enjoyed by such persons
firms and corporations of using
, the streets, alleys and public ways of the city in
the conduct of such business. The rental charged is in addition to all other charges
and to all taxes of every nature whatsoever that are now levied and which shall here-
after be levied a,-ainst the persons., firms and corporations mentioned herein.
LELCTION 6.
Nothing herein is to relieve any person., firm or corporation of any condi-
tions, restrictions or requirements imposed by any law or Ordinance of the City of
T�
Uchita Falls,, Texas., but all such laws, Ordinances and regUlAtions shall remain in
full force and effect. The fail.ure of any such person, firm or corporation to
strictly comply with such laws and Ordinances or any laws or Ordinances which may
hereaftler be Passed applicable to them shall be Eround for cancellation of the
T
privileges granted hereunder.
C� IZ)
SECTION 7.
This Ordinance does not grant a franchise to any utility., person,, firm or
corporation to use the streets., alleys and public ways of the City of V,ichita, Falls
u
Texas, and shall never be so construed by the courts, or otherwise; and the said
city does specifically reserve the right to cancel the ri-Its - d privile. es ted
-ned rentals paid to the city by- such person�s
hereunder and refund the uneaz an gran
corporations. firms or
SECTIOIN 8.
Every person, firm or corporation who shall operate any gas business within
the City of lUicl-Lita Falls without the payment of the rental provided for herein shqll
be subject to a penalty of not less than One Hundred Dollars nor more than
Two Hundred (,_?20U-OO)' Dollars for each and every day tha't such person, firm or cor—
poration shall conduct such gas business, using and occupying the streets., alleys
or other public ways of 'the City of Idichita Falls, Texas, with the payment of said
rental., and such Buin raay be recovered by the City in a court of competent jurisdiction
by suit filed therein.
SECTION 9.
Every person., 1-irm and corporation and the local iianager or pgent of any such
corporation., failin,& or refusing to make the report require'Id by Section 2 hereof or
failing or refusing to allow the examination provided for in Section 4 herein shall
upon conviction in the Corporation Court of the City of 'Viichita Falls
fined in the sum of Two Hundred Texas,, be
as mentioned in this 6ection V200-00) Dollars and each day's failure or refusal,,
shall be a separate offense.
aECTION 10.
If any part of this Ordinance shall be held to' be void., or unenforceable for
any reason, then the other parts hereof shall remain in full force and effect.
SECTION I 1_.
The fact that gas. companies and persons engaged in 'he gas business have
been occupying and using tile streets
V,lichita Falls., Texas 3 alleys and other public ways of the City of
., formany years without the payment of rcnt for the use thereof
creates an emergency., and the rule requiring the reading of Ordinances on three
several days is hereby suspended, and this Ordinance shall take effect iwaediately
upon its passage and approval.
PASSED AIM APPROVED, this day of At D., 1942.
ATTEST:
MAYOR
CIIIY CLERK