HomeMy WebLinkAboutOrdinance - 665-1941 - Fixing Rental To Be Paid By Electric Light And Power Companies - 04/10/1941' -· ...... -·-·-1.1
04-IO-t94-t 04-2..Lf .. t 9Jf I
No. b ~ ~
AN ORDINANCE FIXING RENTALS TO BE PAID BY
ELECTRIC LIGHT AND POWER COMPANIES, FOR Trill PRIVILEGE OF USING
\1 ITH THEIR POLES, WIRES, CONDUITS AND FIXTURES IN AND ON THE
STREETS, EASEMENTS AND ALLEYS AND OTHER PUBLIC WAYS WITHIN THE
CITY OF LUBBOCK, TEXAS, PROVIDING PENALTIES FOR VIOLATION.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK,
TEXAS: \
SECTION 1: That all persons, associations,
organizations and corporations, using or maintaining any electric
light or other poles, wires, conduits and/0ther fixtures in any
'ffA.,/,11~
of the streets, highways, easements, alleys, parks or othert places
within the corporate limits of the City of Lubbock, Texas, shall
on the first day of March of each and every year, file with the
City Secretary a sworn report showing the gross receipts from the
business conducted by such person, association, organization or
corporation, within the corporate limits of said City of Lubbock,
for the preceding year ending December 31st ,
SECTION 2: The City Commission may, when it
\
may see fit, have books and records of the person, asseciation,
organization or corporation rendering the statement required in
Section 1 of this Ordinance, examined by a representative of the
City to ascertain whether such statement is accurate, but ·nothing
in this Ordinance shall be construed to prevent the Cf ~ from
ascertaining the facts by' any other method.
) SECTION 3: That upon the first d3:y of lvl arch
of each and every year, every person, association, organ ization
or corporation, engaged in the electric light and power business,
occupying or using the streets, highways, easements, alleys, parks
or other public places in the City of Lubbock, Texas, with poles,
wires, conduits and other fixtures, shall, as a condition to such
r ..
further occupancy, pay t o the City of Lubbock, annually for such
privileges, a rental equal to two (2%} per cent of the gross re-
ceipts received by such person, association, organization or
corporation, from its business conducted in the corporate limits
of the City of Lubbock, Texas, for the preceding year, which
sums shall be paid to the City of Lubbock, Texas.
SECTION 4: That upon receipt of the above
rental by the City of Lubbock, the City Secretary shall .
deliver to the person, association, organization or corporation
paying the same, a receipt for such rental, which said receipt
shall authorize such person, association, organization or
corporation to use and occupy the streets, highways, easements,
alleys, parks and other public ways of the City, in carrying
on its business for twelve months from Ma rch 1st, of such yea r.
SECTION 5: That the rental for the privilege
of using the streets, alleys, highways, easements and pub~ic
ways of the City of Lubbock, provided 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, organi-
zations and corporations, using the streets, easements, alleys
and other public ways of the City of Lubbock in the conduct
.of their respective businesses; and such charges are additional
to all ad valorum and franchise taxes and to all tax~s of every
nature whatsoever against the persons, ~ssociations, organizations
or corporations mentioned herein.
SECTION 6: That nothing herein is intended to
relieve any person, association, organization or corporation of
any condition, restriction or requirement imposed b~ any law
or ordinance of said City of Lubbock, Texas.
SECTION 7: That this Ordinance does not grant
a franchise to any utility or person, association, organization
2
j 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 of Lubbock reserves the right to cancel
the privileges granted hereunder and refund the unearned rentals
paid to the City.
SECTION 8: That the City of Lubbock, Texas,
hereby reserves the right to put into effect at any time other
restrictions and regulations as to the erection and maintenance
of poles, wires, conduits and other appurtenances in the streets,
easements, alleys and other public ways of said City of Lubbock,
and from time to time to require such poles, Wires and 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 City may deem proper.
SECTION 9: That ~11 persons, associations,
organizations and corporations maintaining any electric light
and power poles and other equipment within the corporate limits
of the City of Lubbock, Texas, shall, before making any extensions
or additions to it~ poles, wires, conduits and other equipment
and fixtures in any of the streets, highways, easements, alleys,
parks or other public ways within the corporate limits of the
City of Lubbock, Texas, shall, before making such extensions
and additions, furnish to the City Engineer of the City of
Lubbock, Texas, a blue print showing thereon the proposed ex-
tension and additions to be made by such persons, associations,
organizations or corporations and an estimate of the probable
cost entailed in making such extensions and additions.
SECTION 10: That every person, association,
organization and corporation who shall operate an electric light
and power business within the corporate limits of the City of
Lubbock, without the payment of t h e rentals provided for herein
3
l J shall be subject to a penalty of $100.00 for each and every
day that such person~ association~ organization or corporation
shall conduct such business~ using and occupying the streets,
easements, alleys or other public ways of the City of Lubbock,
without the payment of said rentals, which s~id sum may be
recovered by the City of Lubbock in any court of competent
jurisdiction by a suit filed therein.
SECTION 11: That every person, association,
organization or corporation, and the local manager or agent of
each such person, association, organization or corporation,
operating and maintaining within the corporate limits of the
City of Lubbock, Texas, an electric light and power business,
failing or refusing to make the report required by Section l of
this Ordinance or failing or refusing to allow the examination
provided for in Section 2 herein, shall, upon conviction in the
corporation court of the City of Lubbock, Texas, be fined in
' any sum not to exceed $100.00 and every day's failure or refusal,
as mentioned in this Section, shall be deemed a separate offense.
SECTION 12: That every person, association,
organization and corporation who shall operate an electric
light and power business within the corporate limits of the
City of Lubbock, Texas, and the local manager or agent of each
such person, association, organization or corporation who fails
and refuses to furnish to the City Engineer of the City of Lubbock,
Texas 1 a blue print showing thereon any proposed extensions and
~ additions of its poles, wires, conduits and other ~quipment and
the probable cost entailed in making such extensions and additions,
as required in Section 9 of this Ordinance, shall be deemed
guilty of a misdemeanor and upon conviction thereof in the cor-
poration court of the City of Lubbock, Texas, be fined in any
4
0-
sum not to exceed $100.00.
SECTION 13: The City Fire Marshall, building
inspector, City•s police officers, electric inspector, and such
other persons designated by the City of Lubbock, shall have power
and it shall be their duty to examine and inspect from time
to time all electric light or other poles, conduits and other
fixtures on the public ways within the City of Lubbock, for the
purpose of seeing that all of same are in a safe and suitable
condition, and whenever such item is found to be unsafe or
unsuitable for the purposes for which it is used, the person,
association, organization or corporation, using, possessing, or
maintaining same shall be notified and required to place same in
a safe and suitable condition.
SECTION 14: If any section, p~ragraph, sub-
division, clause, phrase or provision of this Ordinance shall
be adjudged and held invalid or held unconstitutional, the
same shall not affect the validity of this Ordinance as a
whole, or any part or provision thereof, than the part so
decided to be invalid or unconstitutional; and IT IS SO ORDERE D.
PASSED and approved
the lOth day of April A. D. 1941.
ATTEST:
~~
May
PASSED and approved
the 24th day of April A. D. 1941.
ATTEST:
~~ City Secretary
Mayo
5
Texas