ORD 32 03/18/1970 • • r • • • : . •
ORDINANCE NO. 32
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, IMPOSING A RENTAL CHARGE
OF TWO PER CENT OF THE GROSS RECEIPTS FOR THE USE OF ITS STREETS,
ALLEYS, AND PUBLIC WAYS BY ANY GAS COMPANY, ELECTRIC POWER COMPANY,
OR WATER COMPANY AND PROVIDING A PENALTY FOR FAILURE TO COMPLY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
SECTION 1. Upon the first day of April of each and every year,
every gas company, electric power company, or water company occupying
or using the streets, highways, easements, alleys, parks or other
public places in the City of Cibolo, Texas, with poles, pipes, and for
other fixtures shall, as a condition to such further occupancy, pay
to the City annually for such privileges, a rental charge equal to two
(2%) per cent of the gross receipts received by such gas company, elec-
tric power company, or water company from its business conducted in
the corporate limits of the City for the preceding calendar year which
sum shall be paid to the City.
SECTION 2. Every gas company, electric power company, or water
company using or maintaining any electric light or other poles, gas
and water _ pipe lines, pipes and other fixtures in any of the streets,
highways, easements, alleys, parks or other places within the cor-
porate limits of the City shall, on the first day of April of each
year file with the City Secretary a -sworn report showing the gross re-
ceipts from the business conducted by such person within the cor-
porate limits of the City for the preceding calendar year, beginning
the 1st day of January and ending the 31st day of December of the
preceding year.
S .. . ,,: • +r • . •
SECTION 3. The City Council may, when it sees fit, have the
books and records of any gas company, electric power company, or
water company required to pay the rental charge imposed by this
Ordinance examined by a representative of the City to ascertain
whether the statement filed in accord with Section 2 of this Or-
dinance is accurate, but nothing in this Section shall be construed
to prevent the City from ascertaining the facts by any other method.
SECTION 4. Upon receiptof the rental charge imposed by -:this
Ordinance, the City Secretary -shall deliver to the person paying
the same a receipt therefor, which receipt shall authorize such per-
son -to use and occupy the streets, highways, easements, alleys, parks
and other public ways of the City in carrying on its business for
twelve (12) months from April first.
SECTION 5. The rental charge provided for in this Article is
not charged as a tax, but is made for the privilege enjoyed by the
gas companies, electric power companies, or water companies upon whom
it, is imposed of using the streets, easements, alleys and other public
ways of the City in a conduct of their business, and such charge is
additional to all ad valorem taxes and franchise taxes and to all
taxes of every nature imposed on such persons.
SECTION 6. This Article does not grant a franchise to any utility
or person to use the streets, easements, alleys and other public ways
and shall : never be'so construed by the courts or otherwise. The
City reserves the right to cancel the privilege granted under this
Article 'and refund the unearned rentals paid to the City.
SECTION 7. Every gas, electric power or water company who shall
operate any business without the payment of the rentals provided for
in this Article shall be subject to a penalty of One Hundred and No/100
($100.00) DOLLARS for each and every day that such company shall con-
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duct such business using and occupying the streets, easements, alleys
or other public ways of the City without such payment, which sum
may be recovered by the City in a court of competent jurisdiction
by a suit filed therein.
Every utility company and the local manager or agent of such
utility company failing or refusing to make the report required by
Section 2 of this Code, or failing or refusing to allow the exam-
ination provided for in Section 3 shall, upon conviction thereof,
be finded in any sum not to exceed One Hundred and No/100 ($100.00)
DOLLARS and every day's failure or refusal shall be deemed a sep-
arate offense.
PASSED AND APPROVED this the 18 day of March , 1970.
APPROVED:
d" moi» J�I-.. -=' '' ,z;,„yr,:
U11/142:4-
'=� F. S. Schlather, Mayor
ATTEST: ' =c
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Rayrbett, City Secretary
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