HomeMy WebLinkAboutOrdinance - 5320-1967 - Levying Rental And Charges On Gross Receipts Paid By Persons, Firms, Corporation - 09/14/1967/
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ORDINANCE NO. _5 .. 32w.O'----
AN ORDINANCE FIXING AND LEVYING RENTALS AND CHARGES
ON GROSS RECEIPTS TO BE PAID BY PERSONS, FIRMS AND CORP-
ORATIONS ENGAGED IN THE BUSINESS OF SELLING AND DISTRIBUT-
ING WITHIN THE CORPORATE LIMITS OF THE CITY OF LUBBOCK,
TEXAS, OF NATURAL GAS, GAS ENERGY AND GAS POWER AND
USING THE STREETS, ALLEYS AND OTHER THOROUGHFARES IN
SAID CITY LIMITS FOR GAS PIPELINES, GAS DISTRIBUTION SYSTEM
AND OTHER FIXTURES; PROVIDING FOR TIME AND MANNER OF PAY-
MENTS AND PROVIDING FOR MAKING REPORTS OF GROSS RECEIPTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT each person, firm or corporation owning,
operating or maintaining any gas distribution system or gas lines under
a franchise granted by the City of Lubbock, Texas, the whole or any part
of which gas 1 ines, gas system or gas distribution system i.s located,
operated, maintained or used within the corporate limits of the City of
Lubbock, and used for the distribution and sale in said City limits of
natural gas and charging for same and using in any manner either on,
along, under, over, or across or otherwise any part of any street, alley,
highway, easement, park, thoroughfare, or other public way within said
City limits for locating, placing, erecting, operating, maintaining or
using any gas transmission or gas distribution lines, pipe or other fix-
b.Jres or equipment for the transmission, distribution and sale of natural
gas, nab.Jral gas energy or natural gas power, shall from and after the
effective date of this ordinance, pay to the City of Lubbock, Texas, month-
ly, as hereafter provided, a sum of money equal to three per cent (3%) of
the gross receipts (as said term "gross receipts" is hereinafter defined)
of such person, firm or corporation from the sale and distribution within
the corporate limits of said City of all nab.Jral gas so sold and distributed
therein, which said sum of money and charge is hereby fixed and assessed
and shall be collected as a reasonable rental and charge for the use of
said streets, alleys, highways, easements, parks, thoroughfares or other
public ways or grounds or any part thereof, and the City Council finds
and determines such rental and charge is reasonable.
SECTION 2. THAT the "gross receipts" upon which such rentals and
charges are based is defined and shall be computed and determined as
follows: The total gross receipts from the sale of natural gas within said
City limits for the particular period of the year involved, there shall be
included, but not limited to, the receipts from the sale of natural gas to
the Federal Government, Federal Governmental Departments and agencies,
the State of Texas, all departments and agencies of said State, the County
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of Lubbock, the City of Lubbock, and the Lubbock Independent School Dis-
trict, and all of which shall constitute the gross receipts upon which
such rentals and charges shall be paid.
SECTION 3. THAT the monthly payments provided for herein shall
become due, and shall be collected and paid as follows: The payment for
the first month shall be paid on or before the first day of the month follow-
ing the effective date of this ordinance and on or before the first day of
each succeeding month. No charges shall be paid on any receipts received
prior to the date this ordinance becomes effective. All past due rentals
and charges shall bear interest from and after due date at the rate of 1 O%
per annum. No charges are fixed and no charges shall be paid hereunder
on any receipts from the sale of merchandise or any receipts of any
character except those derived from natural gas sales within the City
limits of Lubbock, Texas.
SECTION 4. THAT such person, firm or corporation responsible
hereunder shall, within thirty days following each calendar quarter,
furnish to the city a statement, certified by a duly authorized officer or
agent, showing the gross receipts as heretofore defined for the quarter
immediately preceding.
SECTION 5. THAT if any section, paragraph, sentence, clause,
phrase, word, provision or other portion of this Ordinance, for any
reason, is or shall be held invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the remaining portions of this
Ordinance; or if it shall be determined or held that, under the Consti-
tution and laws of Texas, this Ordinance is not applicable to, binding
on or enforceable against any person, firm, or corporation mentioned
herein, such determination or holding shall not affect the applicability
to or binding effect of this Ordinance on the other persons, firms, and
corporations herein mentioned; and the said City Council declares that
it would have passed and adopted this Ordinance and each such portion
hereof irrespective of the invalidity or unconstitutionality of any one or
more such portions hereof, and irrespective of the fact that this Ordinance
may not be applicable to or binding on any one or more persons, firms,
or corporations mentioned herein.
SECTION 6. THAT upon final passage such person, firm or corpor-
ation shall file with the City Secretary a written statement filed in its
name and behalf by a du·ty authorized officer in substantially the following
form:
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nThe Honorable Mayor and City Council of the City of Lubbock:
"The undersigned, for itself, its successors and assigns, hereby
accepts the City of Lubbock Ordinance No. _finally passed by the
City Council on the_ day of , 19_, and agrees
to pay to the City of Lubbock the three per cent charges and rentals on
gross receipts from the sale of gas as provided for in the ordinance for
the use of the streets, alleys, highways, easements , parks, thoroughfares
and other public ways and grounds or any part thereof within the City limits
of the City of Lubbock.
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(Person, firm or corporation)
"By --------~-------------------(Title)
"Dated the ___ day of--------' 19 __ "
SECTION 7. THAT this Ordinance shall be in full force and effect
November 15th, after its passage.
AND IT IS SO ORDERED.
Passed by the Council on first reading .....-..;;...;.;;;.__
Passed by the Council on second reading __,;;;..;;...;;.;.;;....
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