1981F24- ESTABLISHING RENTALS TO BE PAID BY TELEGRAPH
ORDINANCE NO. :i j- r - ;).i
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
ESTABLISHING RENTALS TO BE PAID BY TELEG~APH, SEWER
TELEPHONE, ELECTRIC, WATER, GAS OR ANY FORM WHATSOEVER
OF PUBLIC OR PRIVATE UTILITY ASSOCIATIONS, ORGANIZATIONS,
COMPANIES OR CORPORATIONS, OR INDIVIDUAL OWNED OR OPERATED
SERVICE PROVIDING UTILITIES OF ANY FORM WHATSOEVER, FOR
THE PRIVILEGE OF USING THEIR POLES, WIRES, CABLES, CON-
DUITS, PIPES, FIXTURES, OR ANY OTHER MEANS OF CONVEYANCE
OF THEIR SERVICE, IN, OVER AND UNDER THE PUBLIC STREETS,
AVENUES, ALLEYS, HIGHWAYS AND BOULEVARDS, EASEMENTS,
PARKS AND PUBLIC GROUNDS WITHIN THE CITY OF SCHERTZ,
TEXAS, AND WHEREVER THE CITY OF SCHERTZ HAS OR EVER SHALL
HAVE JURISDICTION; PROVIDING PENALTIES FOR VIOLATIONS;
REPEALING ORDINANCE NUMBER 7 OF THE CITY OF SCHERTZ;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. That all persons, associations, organizations, companies, and
corporations using or maintaining any telegraph, telephone,
electric light or other poles, sewer, water or gas pipe lines, pipes and
fixtures or any other means of conveyance of services in any of the public
streets, avenues, alleys, highways and boulevards, parks and other public
grounds of the corporate limits of the City of Schertz, Texas, and wherever
the City of Schertz has or ever shall have jurisdiction, shall on the first
day of February of each and every year file with the City Secretary a sworn
report showing the gross receipts from the business conducted by such per-
sons, associations, organizations, companies and corporations within the
corporate limits of the City of Schertz, Texas, for the preceding year ending
December 31st.
SECTION 2. The City Council may when it deems necessary have the books and
records of the person, association, organization, company 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
City from ascertaining the facts by any other method.
SECTION 3. That upon the 1st day of February of each and every year, every
person, association, organization, company or corporation occupy-
ing or using the streets, highways, easements, boulevards, alleys, parks or
other public places in the City of Schertz, Texas, with poles, pipes, wires,
cables, other fixtures, or any other means of conveyance of services, shall
as a condition to such further occupancy pay to the City annually for such
privileges a rental fee equal to two (2%) percent of the gross receipts
received by such person, association, organization, company or corporation
from its business conducted in the corporate limits of the City of Schertz,
Texas, for the preceding year, which sums shall be paid to the City of
Schertz, Texas.
SECTION 4. That upon receipt of the above rental fee by the City, the City
Secretary shall deliver to the person, association, organization,
company or corporation paying the same a receipt for such rental, which said
receipt shall authorize such person, association, organization, company or
corporation to use and occupy the streets, highways, easements, alleys,
boulevards, parks and other public ways, of the city in carrying on its
business for twelve (12) months from February 1st of such year.
SECTION 5. That the rental fee for the privilege of using the streets,
alleys, highways, easements, boulevards, and all other public
places of the City of Schertz 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, organizations, companies and corporations of
uSing the streets, easements, alleys, boulevards, highways and other public
ways of the city in the conduct of their respective businesses; and such
charges are additional to all ad valorem and franchise taxes and to all
taxes of every nature whatsoever against the person, associations, organi-
zations, companies, or corporations mentioned herein.
SECTION 6. That nothing herein is intended to relieve any person, asso-
ciation, organization, company or corporation of any condition,
restriction or requirement imposed by any law or ordinance now in existence
or ever shall be in existence of the said City of Schertz, Texas.
SECTION 7. That this ordinance does not grant a franchise to any utility
or person, association, organization, company or corporation to
use the streets, highways, easements, boulevards, alleys and other public
ways and shall never be so construed by the courts or otherwise, and the City
reserves the right to cancel the privileges granted hereunder and refund the
unearned rentals paid to the City.
SECTION 8. That the City of Schertz hereby reserves the right to put into
effect at any time other restrictions and regulations as to the
erection, specifications and maintenance of poles, wires, cables, pipes, and
other appurtenances in the streets, highways, boulevards, easements, alleys
and other public ways of the said city and from time to time to require such
poles, pipes, cables, 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 every person, association, organization, company and corpor-
ation who shall operate any business without the payment of the
rentals provided for herein shall be subject to a penalty not to exceed two
hundred dollars ($200.00) for each and every day that such person, association,
organization, company or corporation shall conduct such business using and
occupying the streets, highways, boulevards, easements, alleys, or other
public ways of the City of Schertz, without the payment of the said rentals
which said sum may be recovered by the City of Schertz in a court of competent
jurisdiction by a suit filed therein.
SECTION 10. That every person, association, organization, company or corpor-
ation and the local manager or agent of every such person, asso-
ciation, organization, company or corporation 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 of this ordinance may, upon
conviction in the Municipal Court of the City of Schertz, Texas, be fined
in any sum not to exceed two hundred dollars ($200.00) and every day failure
or refusal, as mentioned in this Section, shall be deemed a separate offense.
SECTION 11. The City fire marshal, building inspector, electrical inspector,
plumbing inspection, City's police officers, and such other
persons designated by the City, shall have the power and authority, and it
shall be their duty to examine and inspect from time to time all telephone,
telegraph, electric light or other poles, sewer, water and pipe lines, gas
pipe lines, pipes and other fixtures and appurtenances in the public places
within the city for the purpose 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 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 of 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
part so decided to be invalid or unconstitutional.
SECTION 13. That Ordinance Number 7, passed and approved by the City
Council on December 18, 1958, establishing rentals to be'paid
by telegraph, telephone, electric and gas companies for the privilege of
using their poles, wires, conduits, pipes and fixtures on the streets,
easements, and alleys and other public ways within the City of Schertz,
TExas, is hereby repealed.
SECTION 14. The public importance of this measure constitutes and creates
an urgent public necessity requiring that this ordinance be
passed and take effect as an emergency measure, and shall take effect and
be in force immediately upon and after its passage.
PASSED, APPROVED AND ADOPTED this the /~ day of
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ATTEST:
L
THE STATE OF TEXAS I
COUNTY OF GUADALUPE I
CITY OF SCHERTZ I
On this, the L-- day of September. 1981 , at 7:00 o'clock P.M.,
the City Council of the City of Schertz, Texas, convened at a regular meeting
at the regular meeting place in the Municipal Building of said City in the City
of Schertz, Texas, which meeting was at all times open to the public, and at
'which meeting the following members were present, ~o-wit:
Jack M. Stomackin, Sr.
Richard L. Howe
MAYOR
Barbara Taylor
Jeff Duffield
COUNCILMEMBER
COUNCILMEMBER
Earl Sawyer
Jacqueline Lawler
COUNCILMEMBER
COUNCILMEMBER
COUNCIlMEMBER
AND
Jimmy G. Gilmore
June G. Krause
CITY SECRETARY
CITY MANAGER
There being a quorum present, the meeting was called to order by the
Mayor; and, among other proceedings had were the following:
The Mayor introduced the following captioned ordinance which was read
in full by the City Manager. Councilmember Sawyer
moved that
said ordinance be considered by the Council as an ~mergency measure, which motion
was seconded by Councilmember
Howe
. Whereupon said motion
was fully discussed and considered. The Mayor put the motion to consider said
ordinance as an emergency measure to the members of the City Council and said
motion was approved and adopted by the following vote:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None.
The Mayor then intDoduced the hereinafter set forth ordinance as an
emergency measure. Thereupon it was moved by Councilmember Sawyer
...- .. --------
and seconded by Coundlmember Ilo\lt: that said ordinance be
finally passed and adopted. The Mayor put the motion to a vote of the members
of the City Council and the ordinance was finally passed and adopted by the
following vote:
AYES:
NAYS:
Councilmember Howe, Taylor, Duffield, Sawyer and Lawler
None
,
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(SI2) 658-7424
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Sort~CJl"lIC). fiPOI. 73113
(512) l49,1979
PUBLISHER'S Al-HDAVIT
COUNTY OF BEXAR)
STATE OF TEXAS)
I,
Therese A. Soares
, aU1.hor1.zed represE;ntativE: of'
thE; Herald Newspaper Group, do solemnly sIoIcar that the notic~,
a printed copy of vhich is herc:to attached, vas publishc:(j
onee a week for
1
consecutive veeks in the Northsidej
Northt!astjNorthvest Herald, published at Universal City, Bexar
County, Texas, on the f'olloving date$, to-~iL: September 10,
A.D., 1981.
Subscribed and slolorn to before
~h Dl)D, {] . ~IJO~
erald Ne'Jspaper Group
me, iliiS..a::1.-.. day of ~
194,
~lJf//~ri?L<.Mr~
Notary Public in and for
Bexar County, Texas.
Herold Publishing Company of Texas
I
SCHERTZ'
ORDINANCE NO.
810}'O24
An ordinance by the cl.
ty council of the City of
Schertz. Texas,
establishing rentals to be
paid by telegraph. sewer,
telephone, electric.
water: gas or any form
whatsoever of public or
private utility associa-
tions. organizations,
companies or corpora-
tions, or indivdually own-
ed or operated service
providing utilities of any
form whatsoever, for the
privilege of using their
poles wires. cables, con-
duits, pipe, fixtures, or
any other means of con-
veyance of their service,
in. over and under the
public streets, avenues,
alleys, highways and
boulevards, easements,
parks and public grounds
withinI' the City of
Schertz. Texas, and
wherever the City of
Schertz has or ever shall
have jurisdiction: pro.
viding penalties for
violations; repealing or-
dinance number 7 of the
City of Schertz; and
declaring an emergency.
Passed, approved and
adopted the 1st day of
September 1981.
June G. Krause
City Secretary