Ordinance No. 152ORDINANCE NO. 152
AN ORDINANCE FIXING RENTALS TO BE PAID BY THE HOUSTON NATURAL
GAS CORPORATION, ITS SUCCESSORS OR ASSIGNS, FOR THE PRIVILEGE
OF USING AND OCCUPYING WITH ITS GAS PIPE LINES, PIPES, FIX-
TURES AND OTHER STRUCTURES AND EQUIPMENT, THE STREETS, EASE-
MENTS, ALLEYS, PARKS AND OTHER PUBLIC WAIS AND PLACES IN THE
CITY OF BAYTOWN; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY
OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, Houston Natural Gas Corporation distributes, sells and delivers
natural gas to consumers within the city limits of the City of Baytown, Harris
County, Texas, and in so doing uses the streets, easements, alleys, parks and other
public ways of the City of Baytown for its pipe lines, pipes, fixtures, structures
and other equipment as is necessary and proper for the carrying on and operation
of company's said business, and
WHEREAS, the City of Baytown is authorized by law to collect from said
company Two Per Cent (2 %) gross revenue rental, NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: THAT the Houston Natural Gas Corporation „ its successors or
assigns shall, on or before the first day of March of each and every calendar year
beginning March 1, 1953, file with the City Clerk a sworn report showing the gross
receipts from the sale of gas to consumers for residential and commercial purposes
within the corporate limits of the city for the next preceeding calendar year, or
fraction of a year, ending December 31st.
Section 2: THAT on or prior to the first day of March of each and every year
beginning the first day of March, 1953, said company, its successors or assigns,
• shall pay to the City annually a rental equal to Two Per Cent (2 %) of the annual
gross receipts received by said company from the sale of gas to consumers for resi-
dential and commercial purposes within the corporate limits of the City of Baytown,
Texas, for the preceeding year ending the 31st day of December, which sums shall
be paid to the City of Baytown.
Section 3: THAT upon receipt of the above rental by the City, the City Clerk
shall deliver to said company a receipt for such rental and said receipt shall
authorize said company to use and occupy the streets, highways, easements, alleys,
parks and other public ways of the City in carrying on its business for the twelve
(12) •months from January 1st of the year succeeding that for which said rental is
is calculated.
Section 4: THAT the rental for the privileges enumerated above is not charged
as a tax but is made for the privilege now enjoyed and to be enjoyed by said company
in using the streets and other public ways of the City in the conduct of its business.
Section 5: The rental charge provided for herein shall be in lieu of any
• and all occupation taxes, easement and franchise taxes, and in lieu of license
and inspection fees, street taxes and all other taxes, charges, levies, fees and
rentals of every kind and character in which the City is empowered with the levying
and collection, excepting only the usual general'or special ad valorem taxes which
the City is authorized to levy and impose upon real and personal property, including
any franchise.
Section 6: This ordinance shall be for a term of Five (5) years, but the same
may be nenewed for successive Five (5) year periods by the City Council of the
City of Baytown passing an ordinance to that effect on or before the dnd of any
such five year period.
Section 7: That if said company operates its business without the payment of
• the rentals provided for herein, it shall be subject to a penalty of One Hundred
($100.00) Dollars for each and every calendar month or portion thereof that said
company operates its business without the payment of said rentals within the time
herein provided.
Section 8: That if the local manager or any other employee of said company
fails!--to make the report required by Section One (1) of this ordinance, such person
upon conviction in any court of competent jurisdiction shall be fined in any stun
not to exceed Two Hundred ($200.00) Dollars, provided, however, that every calendar
month during the term of the failure or refusal to file said report, as herein-
above provided for, shall be deemed a separate offense.
• Section 9: Repealing Clause. All ordinances or parts of ordinances incon-
sistent with the terms of this ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency, and in all
other respects this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 10: Savings Clause. if any provision, exception, section, subsection,
paragraph, sentence, clause or phrase of this ordinance or the application of same
to any person or set of circumstances shall for any reason be held unconstitutional,
void, or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of cir-
curgstances and to this end, all provisions of this ordinance are declared to be
• severable.
Section 11: Effective Date: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City Clerk is hereby
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directed to give notice hereof causing the caption of this ordinance to be
published in the official newspaper of the City of Baytown at least twice within
ten (10) days after the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Council of the City of Baytown on this 24th day of July, 1952.
ATTEST:
Edna Oliver,- City C erk
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DAILY SUN
BAYTOWN, TEXAS
DEAR SIRS:
SUBJECT: Publication of Ordinance No 152
Passed July 24, 19 52
Please publish caption of above ordinance two times within 10
days from Ai;y 24, - - 19 52 -
This caption reads as follows:
"Ordinance No 152
An Ordinance Ti ING RENTALS TO BE PAID BY THE HOUSTON NATURAL GAS
CORPORAT16Y. ITS SUCCESSORS OR ASSIgNS, FOR THE-PRIVIIME CE U ING
AND OCCUPYING WITH ITS GAS PIPE LINES, PIPES, FIXTURES AtIp OTHER
STRUCTURES AND Eqummyr,, ME STREETS,-EASEMTS, AL EYS P AND
OTHER PUBLIC WAYS AND PLACES IN THE CITY OF BAYTOM: REPEALING
.0011MCES INCONSISTENT MM911TH' CONTAINING A SAVINGS CIAD Z; PRE-
SCRIBING A HAMM PENALTY OF TWO HUNDRED ($200400) DOLLARS:. AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREdF,. -
Please send publisher's affidavit to this office promptly after
publication, along with statement of your charges.
Yours truly,
CITY BRAYTOWN
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