Ord 1161 6/18/1934 011`0==,210E 0112�iMi2l) 3Y
HACK TAYLOR
JU1z] 18, 1934.
O?j)I1_iA1TC NIO. L
AN ORD TO 'FIX !C'ITTALS TO BE PAID BY TEU]G?js.Pilt TELEPHO1:,--E,
EIEC92RIC A17-D GAS COI., A7,TIES 1'10_ THE 1,11"IVILEGE 01' USI17G WITH T-1EIR
JM2)UIT�.� PI1,1U�2 AND IFEKTURL]S _RE_.�'TS Y�_YLD ALMYS
P OiE S 9 1'.11 REI IS ST
AIM O,"JIIIER PUDIL-IC -17i1�11HI1,T T-HE CITY 02 17ICHITA 1,'!-JLS, 1EI-6MS9 PRO-
AILTIES 11'0R VI )LATIOIT, AYD DECluiF,1171G A!T; E."ERGEI-JiCY.
ZE' IT ORDAIIED BY BOARD OF .4=E!-U]J]1,T, CIT '11E '_MfY 01? ItiVICHIA
21XAZ,:
SECTION 1.
That all persons and corporations using or maintaining any tele-
graph, telephone, electric light or other poles, Las pipe lines,
pipes and other fixtures in any of the streets, highways , alleys,
parks or other places ,°,,ithin the corporate linits of the City of
ichite. Falls, 1'exas , shall within thirty (30) days after the pas-
sage of this ordinance and annually thereafter on the lst day of
August of each and every year file V-Vith the -City Clerk a sworn re-
port- showing the gross receipts from the business conducted by such
persons and corporations within the cornorate limits of the said
city for the year ending June 30th.
SECTION 2.
The Board of Aldermen may Yrhen it may see fit have the books
and records of the person or corporation renderin,, the statement
re,iaire,". i n Section 1 of this Ordinance el-l"ariiined by a re-presenta-
tive of the, city to ascertain whether such statement is accurate ,
j V
but nothing in this Ordinalice Shall be construed to prevent the
Z> construed -
it-y from ascertaininZ the facts from aay other r.,aet-1-lod.
SE 131121 C).1 3.
That upon the ist day of August, every -erson or corporation oc-
c _ipying or using the
he streets, hi h-aays, -alleys, parks or other ,pub-
lic places in the City of ulicAita 2alls , Texas, -aiti`l poles and/or
,)ilDes sh,-_�ll as a condition to ,_uch -."'urther occupancy pay to the
city annually for such privileged a rental equal to five (5 ) per
cenu of tac- ,Eross recei-ots) received, by 3uch person or cor-iDoration
4 f !
from its business conducteJI in the corporate limits of the City of
�r1cf,Itza .Yal .s, Texas, for the preceding, year -which sums shall be
paid to tine "ax >enartment of the said Ci ty of Uic'nita falls, l'exas.
3E rp
4
J�C .
That upon racei_ot of the above rental by the city, the collec-
tor of taxes shall deliver to the person or cor,porat-ion paying the
same a receipt for such rental, ;r� i.ch said receipt shall authorize
such -er`:on Or corporation to use and occupy the streets, highways,
alleys, fiar"s and ottler public iays of the city in carrying on its
business for t Velve (12) months from August 1st of such year.
SEC T1 5.
That the rental for the privilege of usinZ the streets, al-
I_e�T'3, 11 ;1,1ayS and public places of tree City of ',Jichlta I-alls pro-
vicied 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 and
cOr_-Porations of usin., the Streets, alleys and ot.'Cler public lays of
ille City in tile conduct of their respective businesses; and Such
c lar es are additional to "11. ad valorem and fra.ncIlise taxes and
to all taxes Of ev'_�ry Nature ':"Jilatsoeve"r af,,i11S:t the persona o' cOr-
pOrcitZons me.,L U 'leCi 1ereZ11• ff
lJ•
'i'hat not',lin;- herein is intended to relieve any person or
cor �o_"a"lion of any condition, restriction or requirement imposed by
Ordinances, of the said 'amity of Jichito _Q'alis , 'eXas.
That t'lis ordinance does not grant franchises to utilities
or per3ons Or corT:iorat1ons to use the streeto , alleys and Other
-Dublic ways and shall never be so construed by the courts or other-
Ilse, and the city reserves ';'Ile right to cancel privileges grantee
hereunder and refund the uneariled rentals paid to the city.
SJV 1IO d 8.
rihat the City Of 4ichita I'a lls hereby reserves the riPub t0
y ut at any time of ler restricti offs and regulations as to the erec-
tion and I'i'lain"t'Lenance of poles, V1I'eS, I)il)es and ot'rler appurtenances
in the street,;, alleys and other public gays of the said ci t-r and
from time to time to require such poles , oi;oes, ,:Tires and etc. as
it may deed ;,roper to be removed, and to require swigs to
be run
it' conduits on such terms as the city :may deem proper.
2: -T I'~lIV �.
That every person and corporation Nino shall operate any
business ;aithout the payment of the rentals provided for iherein
shall be subject '110 a penalty of not less than One Hundred ( IOG . OU)
Jcllars nor p ore than " wo Hundred (;`200.00) Dollars for each and
every da; , that such person or Cort�or•_',tlOXl s 1a11 conduct suc-v busi-
ness using and occupyin=, the streets, alleys it other public rwa.ys
of tie City of richita 2cells .without the payment of the said rentals
ich said sUm tua.y be recovered by the City of cilita Falls in a
court of conipetent jurisdiction by a suit filed therein.
�;_ CTiOld 10.
That every I)erson and cor�.;or=1-tion and the local manager
or abent of every such cor-oora,tion failing or refusing to make 'he
re-oort required by erection 1 of this Ordinance , or failing; or refus-
in to allow tie exalination provided for in Section 2 ierein shell
upon conviction in the Cog oration on Court o ' trle City of Iicrita
'Yalls, Texas, tie fined in the SUM of ``OC 'Hundred (.';200 .00 ) Dollars
and every days failure or refusal, as mentioned in this uection,
Siha,ll be deemed a separate offense.
"''`JI I fit. 11.
I �IV�.�
That if any part of this Ordinance shall be held to be
void or unenforceable for any reason, then the other parts of said
Ordinance shall remain in full force and effect.
gal;C'i?I � 12.
That the fact that telegraph, teler�)i"lone, electric and -as
companies have been occu-o;yTin< f nd usin- the streets, alleys, an(3
ot_'aer public wa.ys of the City o_' 'tichi.La � ails, Texas, for man,)T
,Tears '.without the -payment of rent for such use creates an emer ency,
and the rule requiring the reading of ordinances on three several
days is lereby Suspended, and this ordinance shall take efl e,.ct �i:n-medietely upon its passa;_'e and approval.
I'ASSED �'dM APPIll"J'VED, Vals dEL.v o f
A.D. 1934.
I-lay o r
tit TE,ST
erk.c i i