HomeMy WebLinkAboutOrdinance - 1342-1953 - Amending Section 2 Of Ordinance 654 As Amended By Ordinance 703 - 03/12/1953Gb"
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· \~oo~-12-lSS'3 01'~' ORDINANCE NO. ~2 J~ 0'3 .. 2UJ .. l.9S
AN ORDINANCE AMENDING SECTION TWOv (~) OF ORDINAJI:E NO. 654, AS »ENDED BY
ORDINANCE NO. 703 ENTITLED, "AN ORDINANCE TO AMEND ORDINANCE NO. 654 PASSED BY THE
CITY COMMISSION OF THE CITY OF LUBBOCK AT ITS SECOND AND FINAL READING NOVEMBER 4,
1940, THE SAME BEING AN ORDINANCE GRANTING A FRANCHISE TO J. A. FORTENBERRY AND
RAY FARMER TO OPERATE A BUS LINE .IN THE N»E OF LUBBOCK BUS COMPANY WITHIN THE
CORPORATE LIMITS OF THE CITY OF LUBBOCK, UPON ITS STREm'S, ALLEYS AND PUBLIC
THOROUGHFARES; SAID ORDINANCE BEING AMENDED BY »ENDING SECTION TWO (2) THEREOF SO
AS TO CHANGE THE ANNUAL FRANCHISE TAX FROM $25,. 00 FOR EACH ~US oPERATED BY THE
GRANTEES TO TWO PER CENT (2%) OF THE ANNUAL GROSS RECEIPTS OF THE LUBBOCK BUS
COMPANY RECEIVED BY IT FOOM ITS OPERATIONS ON THE STREETS, ALlEYS AND THOROUGHFARES
OF THE CITY OF LUB:OOCK AND FURTIIER »lENDING SAID ORDINANCE NO. 654 BY ADDING THERET
SFA:TION 2-A PROVIDING FOR THE QUARTERLY PAYMENT OF SAID FRANCHISE TAX AND STIPULA'P-
ING THE TDE AND DATE OF SAID QUARTERLY PAYMENT AND EXCLUDING FROM THE GROSS
RECEIPTS OF SAID GRANTEE ALL RECEIPTS RECEIVED BY GRANTEES FROM THE OPERATION CF
SCHOOL BUSES; /lND PROVIDING THAT EXCEPT AS AMENDED ORDINANCE NO. 654 SHALL IN ALL
OTHER RESPECTS REMAIN IN FULL FOK:E AND EFFECT; n SO AS TO ADD THERETO SECTION 2-B
PROVIDING FOR THE SUSPENSION OF THE IMPOSITION OF S'OOH TWO PER CENT (2%) ANNUAL
GROSS RECEif'l'S TAX BY RESOLUTION OF THE CITY COMMISSION FOR ANY PERIOD EXTENDING
TO SUCH TIME AS SUCH FRANCHISE TAX MAY BE REIMPOSED BY THE CITY COMMISSION; PRO-
VIDING FOR fBBLICATION OF THIS ORDINANCE TO EFFECT A.Mi!:NDMENT TO FRANCHISE OF THE
LUBOOCK BUS COMPANY.
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"WHEREAS, the City Commission has duly considered the application of ihe l
L'libbock Bus Company to amend its franchise so as to provide that the Cit;y COJ!IIId.a-
sion would suspend the imposition of an annual two per cent (2%) gross receipts
franchise tax; and,
WHEREAS, having duly considered the benefit to the public, the net earnings
of the franchise holder from operation thereunder, the value of the franchise, the
operating losses of said Compaqy based on monthly audits, the City Commission finds
that it would be in the public interest to make provision for the suspension of
such franchise tax; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK2
SECTION 1. That Ordinance No. 654, as amended by' Ordinance No. 703, be
amended ~ adding thereto and incorporating therein a new section to be known and
designated as Section 2-B which shall hereafter read as follows, to-wit:
The franchise tax provided for in Section Two (2} and Two-A (2-A)
of this Ordinance shall continue and be in full force and effect, except
that by resolution of the City Commission upon due and reasonable con-
sideration of the benefit to the public, the net earnings and/or losses
of the grantee as reflected by the monthly statements and audits herein
provided for, and the value of the franchise here in granted, the said
annual two per oent (2%} gross receipts franchise tax, may be suspended
until such time as the City Commission may by resolution re-impose and
reinstate said ammal two per cent (2%) gross receipts franchise tax,
at which time such tax shall be payable as provided hereunder.
SECTION 2. This Ordinance shall be published in a newspaper in the City of
Lubbock once a week for three (.3) consecutive weeks at the expense of the franchise
holder and shall become effective on the Jlst day after the last reading or this
Ordinance.
AND IT IS SO ORDERED.
Passed and approved on first reading this 26 day of Fehrua11r ,
and ordered published upon the franchise holders r paying the publication fees
d upon written notice to the City Secretar.y that the franchise holders accept
the provisions of this Ordinance as an amendment to their franchise.
ATlEST:
~.I& ·~ fur
L ~Lowe, ~retar;y-Treasurer
On motion of Commissioner Morris , seconded b.Y Commissions
earpenter , this Ordin~ce was duly passed b.1 the City Commission
this 12 -day of March ' , , 195.3 b.Y the following votes
Commissioners voting "YEAns Morris,C~rpenter,Davis Thomas & Maybr Tripp
Commissioners voting "NAYns None
On motion of Commissioner Ca~enter .~ seconded ~ Commissioner Davis , this OrctfiUilice wa.s Uly passea by the CityCol!fm!ssion
this 26 clay of March ' ' , 195.3, b.Y the following vote:
ATTEST:
WLS:rr
2-20-5.3
Commissioners voting WI&A•: Carpenter, Davis, Morris, Thomas and Mayor
Tripp
Commissioners voting "NAY0 s None
-Treasurer