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HomeMy WebLinkAboutO-1941-294 e . ., . . /' .. . .. 294 ORDINANCE NO. AN ORDINANCE FIXING RENTALS TO BE PAID BY GAS COlilIPANIES OR OTHER PERSONS NOW OR HEREAFTER DISTRiBUTING, SELLING OR DELIVERING NATURAL GAS V{ITHIi~ THE CITY LIMITS OF THE CITY OF LA PORTE, TEXAS, FOR THE PRIVILEGE OF USING AND OCCUPYING WITH THEIR GAS PIPE LINES, PIPES, FIXTURES AND OTHER STRUC TURES AND EQUIPMENT THE STREETS, EASEMENTS, ALLEYS, PARKS AND OTHER PUBLIC WAYS AND PLACES WITHIN SAID CI TY, PRO- VIDIl'JG FOR THE ACCEPTANCE HEREOF BY THE GAS COBlPA)!Y, AND PROVIDING AN EIJLERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That all persons, associations, org{lnizatlons and corporetlons 'Using or maintaining any gas pipe lines, pipes and other fixtures in any of the streets, highways, easements, a~lays, parks or other places within the co~porate limits of the Uity of La Porte, Texas, shall on~ before the first day ot February, A. D. 1942, tile with the Ci t1 Seoretary a s'worn report showing the gN>>SS re- ceipts from the sale of gas to consumers for residential ,purpooes within the corpor~te limits of the City tor the next precodltlg yaar ending Deoember 31, except that the report to be filed on or before February 1, 1942, shall show only the said gross receipts derived . from the meter readings of such persons, associations, organizations or corporations after October 22, 1941, to Deoember 3l, 1941. Section 2: The City Council may, when it may see fit, have the books and reoords of the person, assooiation, organizati,on or oor- poration rendering the statement required in Section 1 of this ordin- ance examined by a representative Of the City to ascertain whether such statement is acourate, but nothing in this ordinance shall be oonstrued to prev'3nt the City from asoertaining the facts by any othor method. Section 3: That on or prior to the 1st day of February of each and e~ery year beginning the 1st day of February, 1912, every person: aS50ciat1,on, organi.zation or oorporation occupying or using / . . ~ -~ the streets, highways, easements, alleys, parks or other public places in the City of Ln Porte, Texas, ~ith gas pipe llnes, pipes or other fixtures or structures shall, as a condition to such further occup- llOC1, pay to the City annually for such privileges a rental equal to t~o per cent (2%) of the annual gross receipts received by such person, aasociation, organization or ~orporatlon from the sale of gas to con- sumers for res1dantial purposes within the corporate limits of the Oity of La Porte, Texas, (represent1ng gas sold to such consumers re- siding within th~ City limits of the City of La Porte, Texao) for the preceding year ending the 31st day of December, except that the pay- ment due on or before February 1, 1942, shall be computed on such gross receipts from the meter readings of such person, assooiation, organization or corporation after October 22, 1941, to December 31, 1941. Section 4: That upon receipt of the above rental by the City, the City Secretary shall deliver to the person, association, or- ganization or corporation paying the same a receipt for suoh rental, which said receipt shall authorize such person, association, organi- zation or corporation to use and occupy the streets, highways, ease- ments, alleys, parks and other publiC ways of the.City in carrying on its business for twelve (12) months from January 1, to December 31st of each year. Section 5: That the rental for the priVilege of using the streets, alleys, highways, easements, and public places of the City ot La Porte provided for in this ordinance is not charged as a tax but is made for the priv~lege 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 City in the conduct of their respective businesses, and such charges are addition- al to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the persons, associations, organizations or oorporations mentioned herein. . e -3- Section 6: That nothibg herein is intended to relieve any person, association, organization or corporation of any condition, restriction or requirement imposed by any law or ordinance of the said City of La Porte, Texas. Section. 7: That this ordinance does not grant a f!'anchise to any util1ty or person, association, organization or corporation to use the streets, easements, alleys and other public ways and, shall never be so construed by the courts or otherwise, and the City re- serves the right to oancel the privileges granted hereunder and refund the unearned rentals paid to the City. Section 8: That the City of La Porte hereby reserves the r'1ght to put into effeot at any time other reasonable restrictions a,nd regulat10ns as to the erection and maintenance of gas pipe lines, pipes and/or other appurtenanoes in the streets, easements, alleys Q,nd public ways of the said City, and from time to time to requ1re such gas pipe lines, pipes, and/or other property, equipment and fix- tures as it may deem proper to be removed and to make such other l'easonable regulations as may be deemed neoessary. Section 9: The City tire marshal, building inspector, elec- t;rical inspector, oity police officers and suoh other persons o.esign- ated by the City shall have the right to examine and inspect from t1me t;o time, on reasonable notioe and under reasonable rules and regula- tions, all gas pipe lines, pipes and other f1xtures and structures in tihe streets, alleys, and publio places within the City for the purpose of seeing that all of same are in a safe and suitable condition, and ~menever any such item 1s found to be unsafe or unsuitable for the purpose for which it 1s used, the person using, possessing or ma1ntain- ~.ng same shall be notified and required to place same in a safe and I:lui table condition wi thin a reasonable time. Section 10: It any section, paragraph, subdivision, clause Clr phrase, or provision of this Ordinance shall be adjudged invalid (II' held- unconstitutional, the same shall not affeot the validity of . e ."" " ' -4- this ordinanoe as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Seotion ll: That the fact that the Houston Natural Gas Corporation has been occupying and using the streets, easements, al- leys and other public ways of the City of La Por.te, Texas, for many years without the payment of rent tor such use creates an emergency and this 'ordinanoe shall take effect immediately upon its passage, approval and publioation as required by law. Seotion 12: This ordinanoe shall become effective and binding upon the ~ity of La Porte provided that Houston N~tural Oor- poration shall, on or before tlie 1st day of January, 1942, give written notioe to the City of La Po~te that it has accepted the terms and provisions ot this ordinance and agrees to abide by the terms, provisions and conditions herein stated. PASSED AND APPROVED THI S A. D. 1941.. .:J.i>aa.ay of /' b~, , 1.-/' ( c/V~ ATTEST: ~et~ ~ltY Secretary f )