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HomeMy WebLinkAboutORDINANCE NO. 49ORDINANCE NO. 49 AN ORDINANCE LEVYING AN ANNUAL INSPECTION FEE AND SERVICE CHARGE UPON ANY PERSON, FIRM OR CORPORATION OPERATING A TELEPHONE EXCHANGE WITHIN THE TOWN OF OWASSO, IN THE STATE OF OKLAHOMA, TO COVER THE COST INCURRED BY SAID TOWN AND TO COMPENSATE SAID TOWN FROM SERVICES RENDERED IN THE POLICE SUPERVISION AND CONTROL OVER TELEPHONE CONSTRUCTION IN THE STREETS, ALLEYS, HIGHWAYS AND PUBLIC GROUNDS OCCUPIED AND TO BE OCCUPIED IN SAID TOWN; PROVIDING THAT THE CHARGES LEVIED HEREBY SHALL BE IN LIEU OF CERTAIN OTHER CHARGES AND CONCESSIONS; REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. WHEREAS, by grants made by and under general laws operative in Oklahoma, the owners of telephone lines in oklahoma are granted the rigth to use public grounds, streets, alleys and highways in Oklahoma subject to the control of the proper municipal authorities under their poice powers as to what grounds, streets, alleys or highways said lines shall rund over and across and place the poles to support the wires are located; and, WHEREAS, in the proper performance of the police power of the Town of Owasso, Oklahoma, in exercising such control of the use of the strets, alleys and highways in said Town of Owasso, and in the inspection of the construction of said telephone lines and equipment and the location thereof, both over and under ground, said Town of Owasso incurs expense and renders services in connection therewith which should be borne and compensated for by the owners of said telephone lines; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OFOWASSO, OKLAHOMA: Section 1. That from and after the effective date of this ordinance there i hereby levied an annual inspection fee and service charge upon each and every person, firm and corporation operating a telephone exchange in the Town of Owasso, Oklahoma, in an amount equal to two per cent (2%) of the gross revenues for each current year for exchange telephone transmission service rendered wholly within the limits of the Town of Owasso, to compensate said Town of Wasso for the expense incurred and services rendered incident to the exercise of its police power, supervision, p olice regulation and police control of the construction of lines and equipment of said Telephone Company in the Town of Owasso. The said inspection fee and charge shall be due and payable to the said Town of Owasso on or before the first day of April, of each year, commencing with the ist day of April, 1956, for the calendar year ending December 31, preceding or fractional part thereof, and shall be paid into and appropriated and expended from the General Revenue Fund of said Town of Owasso; pro-w vided, however, that any amount due for a fractional part of the first year covered hereby shall be payable on the first day of April, of the year following the year in which this ordinance is enacted. Section 2. During continued substantial compliance with the terms of this ordinance by the owner of any telephone exchange, the charge levied hereby shall be and continue to be in lieu of all concessions. nharmas. excisn. frannhisp. linpnw- privilege and permit fees or taxes or assessments except ad-- valorem taxes; provided, however, that it is not intended hereby to extinguish or abrogate any existing arrangement whereby the said Town of Owasso is permitted to use underground conduit, duct space or pole contacts of said Company for the fire alar-_rr, and/or police call systems of said Town. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4. That an emergency exists for the preservation of the public peace, health and safety, by reason whereof this ordinance shall take effect from and after its passage, approval and publication, PASSED and the emergency clause ruled upon separately and approved this 22 day of March, 1955. APPROVED this 22 day of March, 1955. W J Bryson President, Board of Trustees. Attest: Josephine Downey Town Clerk - Auditor