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Home My WebLink About473 Ord240 Plainview, Texas, June 16, 19~1. The City Council met .in regular meeting with the following members prese_ht'. Mayor~ John F. DuBose, Aldermen: Floyd Poet, W. C. Malone, ~.W*:~iker. and E. M. Osborne. City Attorney, Dan M. Cook, attended the meeting. Minutes of the last meeting, read and ad~_~e~d. ............... laced :be~or~e~.:t'he'-.G~y] Cou-ncil... ...... the~-.gol[owing ord.inance: -:o_ o_ I A C E No, ORDINANCE FIXING AND .LEVYING RENTALS AND CPLAd~GmS ON GROSS RECEIPTS TO BE PAID BY PERSONS, FIR~IS AND . CORPORA- TIONS ENGAGED IN ~IE BUSINESS OF SELL- ING AI~D DISTRIBUTING WITHIN ~IE CORPORATE LIMITS OF ~ .... CITY OF PLAINViEV~, ~E21~S, OF ELECTRIC CtYRRfENT, ENERGY AND POV~ER AND ~ '~' ALLEYS AND OTHER USING THE STREETS, ~ . THOROUGHFARES IN SAID CITY L~ITS FOR POLES, LINES AND OTT~ER FIXTURES: PRO- VIDING FO~ TII~ AND lf~2[RVER OF PAYmeNTS A~D PROVIDING FOR ~ ~KING REPORTS OF GROSS REC$IPTS. Alderman Kiker moved that ~the ordinance be placed on its first reading, seconded by Alderman Os_~borne., and carried by the following vote: AYES: Alde~aen Hiker, Osborne, Hancock, Poer and Malone. NOES: None. CAPdqIED: Placed on first reading. Alderman Poer moved that the ordinance pass first reading, sec- onded by Alderman Kiker_, and carried by the following vote: AYES: Alderman Hancock, Malone, Osborne, Poet and Hiker. N_0ES: None. CARRIED: Ordinance pass first reading. Alderman Osborne moved that the rule be suspended ~nd that the ordinance be placed on second readi~; seconded by Alderman Poet and carried by the following vote: At'ES: Aldermen Hancock, Malone, Osborne, Poet and Hiker. NOEs: None. CARRIED: Ordinance placed on second r~ading. Alderman Kiker seconded by Alderman moved that the ordinance pass second reading; Hancock , and carried by the following vote: AYES: Aldermen Hancock, Malone, Osborne, Poet and Kiker. NOES: None. CARRIED: Ordinance passed on second reading. Alderman Poet moved that the rule be suspended and that the ordinance be placed on its third and final reading by caption, seconded by Aldermau Malone , and carried by the following vote: A~S: Aldermen Hancock, Malone, Osborne, £oer and ~_!ker. None. CkRRIED: Ordinance passed on third reading. ~lderman Hancock moved that the ordinance-pass third and final reading; seconded by Alderman Malone__, and carried by the following vote: AYES: Aldermen Hancock, Malone, Osborne, ?oer and Kiker. Mayor Du~ose then declared the ordinance finally passed. The ordinance follows: ORDINANCE FIXING A~ID LEVelING RENTALS AND Ci~RGES ON GROSS P~CE~TS TO BE PAID BY ~PEESONS, FI~ A~ C0~05~TIONS ENGAGED IN ~ BUSIneSS OF SELLING A~O DISTRIBUT- ING WITHIN TP~ CORPOP~ L~ITS 0F T~ CITY 0F PLAII~fIEW, ~E~&S, 0F ELECTRIC CUR~i~, E~RGY ~ POkieR _~D USING T~ S~TS ,ALLEYS, f~D OT~R THOROUGHFY~S IN SAID CITY LI~TS FOR POLES, LI~S ~D O~]R FIXES: FRO- VIDING FOR TI~ f~D ~A%-~R OF PA~NTS AND ?ROVIDING FOR ~D. KIJG P~PORTS 0F GROSS RECEIPTS. BE IT ORDAINED BY TF~~ CITY C0!~[ISSI0i{ OF T~ CITY OF PLAINm ViEW, ~.~.~'. SECTION 1. F~kCH PERSON, PIPd~{ 0R CORPOPa%TION OWNING, operat- ing or maintaining any electric light plant, transmission lines or electric distribution system, the whole or any part of which plant, line, system or distribution system is located, operat- ed maintained or used within the corporate limits of the City of Plainview, Texas, and used for the distribution and sale in said city limits of electric current, energy and power and charg- ing for same and using in any manner ~ither on, along, under, over, or across or other wise any part of any street, alley, highway easement, park thoroughfare, or other public way or grotu~d within said limits for locati.n~ placing~ erecting, operat- ing; maintaining or using any electric transmission or dis- tribution line, conduit or other fixture or equipment for the transmission~ distribution and sale of electric current, energy or power,'shall, from and after the effective date of this o:~-dinance, pay' to the said City~of Plainview, Texas, quarter- ly each year, a stun of money e~ual to two (2%) percentof the gross receipts ( as said term "gross receipts" is hereinafter defined) of' such person, firm or corporation from the sal~ and distribution within the corporate limits of said City of all electric current, energy and power, w~ich said sum of money and charge is hereby fixed and assessed and shall be collected as a r~:.asonable 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 of Piainview finds and determines such rental and charge is reason- able. SECTION 2. The "gross receipts" upon ~fnich such rentals and charges are based is defined and shall be computed and determined as follows: From the total Eross receipts from the sale of such electric current, energy and power within said city limits for t~he particular quarter of the year involved, there shall be de- ducted the receipts from sales of electric current, energy of power to the Federal Government, Federal Goverrment Departments and agencies, the State of Texas, all departments and agencies of said State, the County of Hale, The City of Ptainview, Independent School ~istricts, sales to any cooperative organizations and other public governmental authorities and sales to industries upon such utiiity's published industrial ra~e and the balance remaining after said deduction shall constitute the gross receipts upon which such rentals and charges shall be paid. SECTZON 3. The quarterly pa~ents provided for herein shall become due, and shall be collected' and paid as follows: The payment for the first quarter of each year (ending March 3i) shall be paid on or be'fOre the first day of May following; for the second quarter of each year(end- ing June 30) on or before the first day of August follow- ing; for the third quarter of each year (ending September 30) on or before the first day of November following; and for the fourth quarter of each year (ending December 31) on or before the first day of February following. No charges shall be paid on any receipts received prior to the date ~his Ordinance becomes effective.. Ail past due rentals and charges shall bear interest from the after due date at the rate of i0% annum. No charges are fixed and no charges shall be paid h~reunder on any recipts from the sale of merchandise or any receipts of any char- acter except those derived~from sale within said city limits of electric current, energy, and power. SECTI01~ 4. Such person, firm or corporation shall at the time of making any quarterly payment furnish to said City a statement, certified by a"duly authorized officer or agent, showin~the quarterly gross receipts as hereto- fore defined andthe amount of deductions as heretofore provided for'. SECTION 5. If any section, paragraph, sentence, clause, phrase~ wor~ provision or other portion of this ~rdinance, for any reason, is or shall be held invalid or unconstit- ional, SUch. invalidity or unconstitutionality shall not affect the remaining portions of this Ordinance; or if it Shall be determined or held that, un'der the Constitution and laws Of Texas, this Ordinance is not applicable to, binding on or enforCibie against any person, finu or cor- poration mentioned herein, such determination or holding shall not affect the applicability to or binding effect of' this Ordinance on the other persons, firms and corpora- tions herein mentioned;and said City declares' that it would have passed and adopted this Ordinance and ~'ach such portion hereof irrespective of the invalidity or unconsti- tutionality of any one or more such portions hereof, and irrespective of the fact that Aris Ordinance may not be applicable-to or binding on any One or more persons, firms, or corporations mentioned herein. SECTION 6. The fact that other Utilities companies have already been covered by Ordinance requiri~ rental in pa~uent for use of the City's streets, and the further fact that the City will 10se a substantial s~n by reason of delay in passage of this Ordinance creates an emergency and pubiic~ necessity that all ordinances shall be read on three separate occasions be suspended, and such rule is hereby suspended, and this Ordinance shall be effective from and after the date of its passage. PASSED A~ 3~PROVED this the 16th day of June,A.D. 19~1. ATTEST: J. L. GALLAWAY John F, DuBose ~,'~YOR ~[i. Motion by Alderman Poer, seconded by Alderman ~atone, that the appropriation of $250.00 to the ~nerican Red Cross ?? for the relief of the fiO~d sufferers here in the City motln was recently be approved and allowed..~he '° carried and it was so ordered. Motion by Alderman Osborne, seconded by Alderman Kiker, tha~'~Ordinan~follo~ii~ orainance.N°' ~03 Tbehe rep~aied by. tae~ a~opt~o~- ' of t~h ~ · mormon carries aha or~mmnance zoz±ows: