Ordinance No. 852ORDINANCE NO. 852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS.
PROVIDING THAT ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION,
CORPORATICN OR OTHER ENTITY USING THE STREETS. RIGHTS -OF -WAY,
E:ASUiENTS, ALLEYS, PARKS OR OTHER PUBLIC PROPERTY WITHIN SUCH
CITY AS AVENUES FOR POLE-LINES, WIRES. CABLES, PIPES OR OTHER
PHYSICAL DISTRIBUTION FACILITIES OF SIbiILAR NATURE FOR THE
RENDITION OF ITS SERVICES OR SALE OF ITS PRODUCTS SHALL PAY
AN ANNUAL IOSPECTION AND SUPERVISION CHARGE Ef UAL TO TWO
PERCENT (2%) OF ITS GROSS RECEIPTS FRO&i THE SALE OF SUCH
SERVICE OR PRODUCTS; PROVIDING THAT SUCH CHARGE WILL BE PAID
ON MARCH 31 OF EACH YEAR BEGINNING MARCH 31, 1968 COVERING
RECEIPTS DURING THE CALENDAR YEAR ENDING ON THE NEXT PRECEDING
DECE&+BER 31; REQUIRING COOPERATION BETWEEN SUCH PERSONS AND
ENTITIES TO AVOID DUPLICATION AND PROLIFERATION OF POLES; PRO -
VIDING THAT NOTHING IN THE ORDINANCE SHALL BE CONSTRUED AS A
SURRENDER BY THE CITY OF ITS P0WERS TO REGULATE THE USE OF ITS
STREETS, ALLEYS AND OTHER PUBLIC PLACES; PROVIDING THAT THE
TEP46 OF ANY FRAiVCHISE NOW OUTSTANDING OR HEREAFTER GRANTED
BY THE CITY SHALL BE CONTROLLING IN THE EVENT OF CONFLICT
BETWEEN THIS ORDINANCE AND SUCH FRANCHISE; REPEALING ORDINANCES
INCONSISTENT HEREWITH AND EXPRESSLY REPEALING ORDINANCE NUMBER
896. PASSED THE 81H DAY OF DECELBER 1%6; CONTAINING A SAVINGS
CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTO1iW, TEXAS;
Section l: That hereafter any person, firm, partnership,
association or corporation or other entity (hereinafter referred to, all
inclusively, as "person or entity ") using the streets, rights -of -way,
easements, alleys, marks or other public property within the City of
Baytown as avenues for pole -lines wires, cables, pipes or other physical
distribution facilities of similar nature for the rendition of the service
of or delivery of the product sold by such person or entity shall pay to
such City an annual inspection and supervision charge in an amount equal
to two per cent (2%) of the gross receipts of such person or entity
received by him or it from the rendition of such service or sale of
such product within the corporate limits of such City.
Section 2: Such payments shall be made on or before &larch 31
of each year, beginning March :j1, 1966, and shall be an amount equal to
two per cent (2%) of the said gross receipts of such person or entity
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for the calendar year ending December 31 of the next preceding year.
Section 3: All such persons and entities as may use distri-
bution facilities strung upon poles along such streets, rights -of -way,
easements, alleys, parks or other public property within the corporate
limits of Baytown are hereby required to cooperate with each other
through the media of joint usage agreements, pole attachments agree-
ments, leases of facilities or other agreement to avoid duplication
and proliferation of poles.
Section 4: Nothing provided in this ordinance shall be
construed as a surrender by the City of any of its police power to
regulate and control the use of its streets. alleys and other public
places as provided by its charter and the Iaws of the State of Texas.
Be it ordained further that this ordinance is not intended and shall
not grant or convey any rights. whatsoever, to any person or entity to
use the public properties of Baytown without the express consent of the
City Council.
Section S: Should any provision of this ordinance conflict
with the terms and provisions of any franchise now in effect or here-
after granted by the City, the terms and provisions of such franchise
shall be controlling.
Section 6: Repealing Clause: All ordinances or parts of
ordinances inconsistent 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; provided further that this
ordinance hereby expressly repeals Ordinance No. 846, passed the 8th
day of December, 1966.
Section 7: 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 circum-
stances shall for any reason be held unconstitutional, void, or invalid,
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such invalidity shall not effect the validity of the remaining provisions
of this ordinance or their application to other persons or sets of cir-
cumstances and to this end, all provisions of this ordinance are declared
to be severable.
Section 8: Effective Date: That this ordinance shall take
effect from and after the date of its passage by the City Council of the
City of Baytown.
INTRODUCES, READ and PASSED by a majority of the City Council
of the City of Baytown, Texas, on this the 13th day of January, 1967.
ATTEST:
eou—r.� (:a�
Edna Oliver, City Clerk
APPROVED AS TO FCRL:
orge Chan ler, City Attorney
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Seaborn Cravey, Mayor