HomeMy WebLinkAboutOrdinances (067)-02/08/1957
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ORDINANCE NO. 67
AN ORDIN~NCE PROVIDING FOR REQUIREMENT OF FILING ANNUAL
REPORTS BY TELEPHONE, TELEGRAPH~ ELECTRIC, '1ATER AND OTHER
PUBLIC UTILITY SUPPLIERS WITHIN THE VILLAGE OF COLLEYVILLE,
TEXAS, AS PROVIDED IN ARTICLE 1121, 1925 REVISED CIVIL
STATUTES OF TEXAS, SAVE AND EXCEPT SUPPLIERS OPERATING
IN SAID VILLAGE PURSUANT TO A FRANCHISE GRANTED BY ITS
GOVERNING BODY, AND FOR E~IINATION OF BOOK AND RECORDS
OF SUCH SUPPLIERS BY A DULY AUTHORIZED REPRESENTATIVE
OF THE VILLAGE; PROVIDING FOR RENTALS TO BE PAID BY
SUPPLIERS OF SUCH PUBLIC UTILITY SERVICE FOR THE PRIVILEGE
OF USING THE STREETS, EASEMENTS, ALLEYS, PARKS AND OTHER
PUBLIC WAYS WITHIN THE VILLAGE OF COLLEYVILLE, TEXAS, AN
A}10UNT EQUAL TO TWO (2) PERCENT OF THE GROSS RECEIPTS
RECEIVED BY SUCH SUPPLIER DURING THE PREVIOUS CALENDAR
YEAR; PROVIDING A PENALTY FOR FAILING TO FILE SUCH
ANNUAL REPORT AND PAY~IE:NT OF RENTAL AS PROVIDED THEREIN
OF ONE HUNDRED ($100.00) DOLLARS FOR EACH AND EVERY DAY
THAT SUCH SUPPLIER, SHALL CONDUCT SUCH BUSINESS AND OCCUpy
THE STREETS, EASE~ENTS, ALLEYS, PARKS AND OTHER PUBLIC
\1AYS OF THE CITY, DURING lVHICH SUCH SUPPLIER SHALL BE IN
DEFAULT; PRESCRIBING A PENALTY OF NOT TO EXCEED A FINE
OF MORE THAN ONE HUNDRED ($100.00) DOLLARS FOR FAILING AND
REFUSING TO ALLOW E~IINATION OF SUPPLIERTS BOOKS AND
RECORDS; CONTAINING A SAVINGS CLAUSE, DECLARING AN E~lliR-
GENCY, AND PROVIDING THAT SUCH ORDINANCE SdALL BE EFFECTIVE
AND BE IN FULL FORCE, fu~D EFFECT UPON ITS ADOPTION AND PUB-
LICATION AS BY LAW P~OVIDED.
BE IT ORDAINED BY THE BOARD OF ALDERHEN OF THE VILLAGE OF
COLLEYVILLE, TEXAS:
1.
THAT all persons, associations, organizations, and corporations
excepting suppliers of Public Utility Service pursuant to a Franchise
granted by the Village of Colley vii Ie, Texas~ using or maintaining
any telegraph, ~ephone, electric light or other poles, gas pipe lines,
water pipe lines, pipes and other fixtures in any of the streets,
high,,,ay s, e:3 semen t s, alleys, prlrks or 0 ther place s '.vi thin the Corpora te
Limits of the Village of Col1eyvi1le, Texas, shall on the 1st day of
March of each and every year, file with the Villa~e Secretary a sworn
report showing the gross receipts from the business corlducted by such
persons, associations, organizations Rnd corporations within the
Corpor2te Limits of the said Village and such other information as is
provided by Article 1121, 1925 Revised Civil Statutes of Texas, for
the preceding year ending December 31.
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2.
THE Board of Aldermen may~ when it may see fit, have the books
and records of such person, association, organization, or corporation
rendering the statement required in Section I of this Ordinance,examinec
by a representative of the Village to ascertain whether such statement
is accurate, but nothing in this Ordinance shall be construed to prevent
the Village from ascertaining the facts by any other method.
3.
THAT, on or before the lst day of April of e2ch and every year,
every person, association, organization, or corpor2tion occupying or
using the streets, highways, easements, alleys, parks, or other public
places in the Village of Colleyville, Texas, with poles, pipes, and for
other fixtures shall as a co~dition to such further occupancy pay to
the Village annually for such privileges a rental equal of two (2) per-'
cent of the gross receipts received by such person, association, or-
ganization, or corporation from its business conducted in the corporate
limits of the Village of Colleyville, Texas, for the preceding year,
which sums shall be paid to the Village of Colleyville, Texas.
4.
THAT, upon receipt of the above rental by the Villa,.;e, the
Village Secretary shall deliver to the person, association, organization
or corporation paying the same a receipt of such rental, which said
receipt shall authorize such person, association, organization, or
corpor2tion to use and occupy th? streets, highways, easements, alleys,
-p~rks and other public ways of the Village in carrying on its business
for_twelve (12) months from January 1, of such year.
5.
THAT, the rental for the privilege of using the streets, alleys,
highways, easements, parks or other public places of the Village of
Colleyville pro'vided 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 Village in the conduct
of their respective businesses; and such charges are additional to all
ad valorem, franchise taxes and all other taxes of every nature whatso~
ever against th8 persons, associations, organizations or corporations
mentioned herein.
6.
THAT nothing herein is intended to relieve any perso;', asso-
ciation, organization, or corporation of any condition, restriction
or requirement, imposed by a~y law or ordinance of said Village of
Colleyville, Texas.
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7.
THAT, this ordinance does not grant a franchise to any
utility, or person, association, organization or corporations to use
the streets, easements, alleys and other public ways and shall never
be so construed by the courts or otherwise, and the Village reserves
the right to cancel the privileges granted hereunder and refund the
unearned rentals for the year in which such cancellation becomes
effective paid to the Village.
8.
THAT the Village of Colleyville 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
Village and from time to time to require such poles, pipes, wires anQ
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
Village may deem proper.
9.
THAT, every person, association, organization, and corporation
who shall operate any business without filing the report as provided in
Section I, hereof, and the payment of the rentals ~rovided 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 corporatiol
-shall conduct such business using and occupying the streets, easements,
alleys, parks or other public ways of the Village of Colleyville without
the ~ayment of the said rentals which said sum may be recovered by the
Village of Colleyville in a court of competent jurisdiction by a suit
filed herein.
10.
THAT, every person, association, organization or corporation
and the local man?ger or agent of every such person, organization
or corporation failing or refusing to allow the examination provided for
in Section 2 hereof shall upon' conviction in the Corporation Court of
the Village of Colleyville, Texas, be fined in any sum not to exceed
One Hundred (SlOO.OO) Dollars and every dayls failure or refusal, as
mentioned in this Section, shall be deemed a separate offense.
11.
THE, Village Fire Marshal, building inspector, electrical in-
spector, Village police officers, and such other persons designated
by the Village, shall have power and it shall be their duty to examine
and inspect fro~ time to time all telegraph, telephone, electric light
or other poles, gas pipe lines, water pipe lines, pipes and other
fixtures in the public places within the Village for the purpose of seeil
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 ~urpose for which
it is used, the person using, possessing or maintaining same shall be
notified and required to place same in a safe and suitable condition.
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12.
IF any section, paragraph, subdivision, clause, phrase or
provision of this Ordinance shall be adjudged invalid or held un~
constitutional, the same shall not affect the validity of this ordinanc.
as a whole or any part or provisions thereof other than the part so
decided to be invalid or unconstitutional.
PASSED and approved this 8 day of February, A. D. 1957.
APPROVED:
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MAYO~ "/yL:t.=--
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LLAGE SECRETARY
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