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Ord 40 Fixing rentals to be paid by Telegraph, Telephone, Water and Electric CompaniesORDINANCE No. 40 AN ORDINANCE FIXING RENTALS TO BE PAID BY TELEGRAPH, TELEPHONE, WATER, AND ELECTRIC COMPANIES FOR THE PRIVILEGE OF USING WITH THEIR POLES, WIRES, CONDUITS, PIPES AND FIXTURES, THE STREETS, EASEMENTS, AND ALLEYS AND OTHER PUBLIC WAYS WITHIN THE TOWN OF WESTLAKE, TEXAS, PROVIDING PENALTIES FOR VIOLATION, AND PROVID- ING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE 30ARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That all telegraph, telephone, water and electric companies using or maintaining any telegraph, telephone, electric light or other poles, pipes and other fixtures in any of the streets, highways, easements, alleys, parks or other places within the corporate limits of the Town of Westlake, Texas, shall on the lst day of August of each and every year file with the Town Secretary a sworn report show- ing the gross receipts from the business conducted by such companies within the corporate limitscE the said Town for the preceding year end- ing June 30. SECTION 2. The Board of Aldermen may when it may see fit have the books and records of the company rendering the statement required in Section 1 of this Ordinance examined by a representative of the Town to ascertain whether such statement is accurate, but nothing in this Ordinance shall be construed to prevent the Town from ascertaining the facts by any other method. SECTION 3. That upon the lst day of August of each and every year, each company occupying or using the streets, highways, easements, alleys, parks, or other public places in the Town of Westlake, Texas, with poles, pipes, and/or other fixtures shall as a condition to such further occupancy pay to the city annually for such privileges a rental equal to two per cent (2%) of the gross receipts received by such com- pany from its business conducted in the corporate limits of the Town. of Westlake, Texas, for the preceding year, which suns shall be paid to the Town of Westlake, Texas. SECTION 4. That upon receipt of the above rental by the Town, the Town Secretary shall deliver to the company paying the same a re- ceipt for such rental, which said receipt shall authorize such company to use and occupy the streets, highways, easements, alleys, parks and other public ways of the Town in carrying on its business for twelve (12) months from August lst of such year. SECTION 5. That the rental for the privilege of using the streets, alleys, highways, easements, and public places of the Town. of Westlake, 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 companies described in Section 1 of using the streets, easements, alleys and other public ways of the town in the conduct of their re- spective businesses; and such charges are additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the companies mentioned herein. SECTION 6. That nothing herein is intended to relieve any per- son, association, organization, or corporation of any condition, re- striction or requirement, imposed by any law or ordinance of the said Town of Westlake, Texas. SECTION 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 'Town reserves the right to cancel the privileges granted hereunder and refund the un- earned rentals paid to the Town. SECTION B. That the Town of Westlake hereby reserves the right to put into effect at anytime other restrictions and regulations as to the erection and maintenance of poles, wires, pipes and other appurten- ances in the streets, easements, alleys and other public ways of the said Town and from time to time to require such poles, pipes, wires and other property equipment and fixtures as it may deem.proper to be re- moved and to require wires to be run in conduits on such terms as the Town may deem proper. SECTION 9. That every telegraph, telephone, water, and electric company which shall operate any business without the payment of the ren- tals provided for herein shall be subject to a penalty of $100.00 for each and every day that such company shall conduct such business using and occupying the streets, easements, alleys, or other public ways of the Town of Westlake without the payment of the said rentals which said sum may be recovered by the Town of Westlake in a court of competent .jurisdiction by a suit riled therein. SECTION 10. That every telegraph, telephone, water, and electric company and the local manager or agent of every such company failing or refusing to make the report required by Section 1 of this Ordinance or failing or refusing to allow the examination provided for in Section 2 herein shall upon conviction in a court of competent jursidiction be fined in any sum not to exceed $100.00 and every dayb failure or refusal, as mentioned in this Section, shall be deemed a separate offense. - 2 - SECTION 11. The Town Marshal of Westlake and any other person designated by the Town shall have power and it shall be their duty to examine and inspect from time to time all telegraph, telephone, elec- tric light, or other poles, and pipes and other fixtures in the public places within the Town for the purposes of seeing 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 purpose for which it is used, the person so using, possessing or maintaining same shall be notified and required to place same in a safe and suitable condition. SECTION 12. If any section, paragraph, subdivision, clause, phrase, or provision found within this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provisions thereof other than the parts so decided to be invalid or unconstitutional. SECTION 13. This Ordinance shall become effective and be in full force and effect from and after its passage and approval by the Mayor, duly attested by the Town Secretary, and the entry of said Order on the Minutes of the Town Council. PASSED AND APPROVED on this the_LZt�day of June, A. D. 1969. ATTEST: Secretary r Town of We e, Texas STATE OF TEXAS COUNTY OF DENTON COUNTY OF TARN I, A. L. ODOM, Secretary of the Town of Westlake, Denton and Tarrant Counties, Texas, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance passed by the Board of Alder- men of the Town of Westlake at a regular session held on the 17A, day of June, 1969, as it appears of record in the Minutes of said Board of Aldermen, in Book , Page WITNESS MY LAND AND SEAL OF SAID TOWN, this the day of June, A. D. 1969. Secretary - 3 -