All persons using or maintaining any cable, telephone, electric
light or other poles, water or gas pipelines, pipes and other fixtures
in any of the streets, highways, easements, alleys, parks or other
places within the city shall on the first day August of each year
file with the city secretary a sworn report showing the gross receipts
from the business conducted by such persons within the city for the
preceding year ending July thirty-first (31).
(Ordinance 556-08 adopted 7/28/08)
The city council may, when it may see fit, have the books and
records of the person rendering the statement required herein examined
by a representative of the city to ascertain whether such statement
is accurate, but nothing in this article shall be construed to prevent
the city from ascertaining the facts by any other method.
(Ordinance 556-08 adopted 7/28/08)
Upon the first day of August of each year, every person occupying
or using the streets, highways, easements, alleys, parks or other
public places in the city with poles, pipes and other fixtures shall
as a condition to such further occupancy pay to the city for the privileges
a rental of two (2) percent of the gross receipts received by such
person from its business conducted in the city for the preceding year,
which sums shall be paid to the city at the city secretary’s
office.
(Ordinance 556-08 adopted 7/28/08)
Upon the receipt of the above rental by the city, the city secretary
shall deliver to the person paying the same a receipt for such rental,
which receipt shall authorize such person to use and occupy the streets,
highways, easements, alleys, parks and other public places or ways
of the city in carrying on its business for twelve (12) months from
August first of such year.
(Ordinance 556-08 adopted 7/28/08)
The rental for the privilege of using the streets, alleys, highways,
easements and public places of the city provided for in this article
is not charged as a tax, but is made for the privilege now enjoyed
and to be enjoyed by such persons using the aforementioned structures
and rights-of-way of the city in the conduct of their respective businesses;
and such charges are additional to all ad valorem taxes and franchise
charges and to all taxes of every nature whatsoever against the persons
mentioned herein.
(Ordinance 556-08 adopted 7/28/08)
Nothing herein is intended to relieve any person of any condition,
restriction or requirement, imposed by any law or ordinance of the
city.
(Ordinance 556-08 adopted 7/28/08)
This article does not grant a franchise to any utility or person
to use the streets, easements, alleys and other public ways within
the city and shall never be so construed by the courts or otherwise,
and the city reserves the right to cancel the privileges granted hereunder
and refund the unearned rentals paid to the city.
(Ordinance 556-08 adopted 7/28/08)
The city hereby reserves the right to put into effect at any
time other restrictions and regulations as to the erection and maintenance
of poles, wires, pipes, mains and other appurtenances in the streets,
easements, alleys and other public ways of the city and from time
to time to require such poles, wires, pipes, mains and other property,
equipment and fixtures as it may deem proper to be removed and to
require wires to be run in conduits on such terms as the city may
deem proper.
(Ordinance 556-08 adopted 7/28/08)
Every person who shall operate any business without the payment
of the rentals provided for herein shall be subject to a penalty of
five dollars ($5.00) for each day that such person shall conduct such
business using and occupying the streets, easements, alleys and other
public ways of the city without the payment of said rentals, which
sum may be recovered by the city in a court of competent jurisdiction
by a suit filed therein. In addition to said hereinabove set forth
penalty, such person shall become liable for and become subject to,
as an additional penalty for the operation of any such business in
violation of the terms of this article, the payment to the city of
all reasonable expenses, including attorney’s fees, as may be
incurred by said city in the prosecution of or litigation against
any such person for the violation of any provision of this article,
which said additional penalty shall be recoverable by said city in
any court of competent jurisdiction by a suit filed therein either
separately or in connection with such prosecution or litigation aforesaid.
(Ordinance 556-08 adopted 7/28/08)
Every person and the local manager or agent of every such person failing or refusing to make the report required herein or failing or refusing to allow the examination provide for herein shall upon conviction be fined as provided in section 3.07.112 following and every day’s failure or refusal shall be deemed a separate offense.
(Ordinance 556-08 adopted 7/28/08)
The city fire marshal, building inspector, electrical inspector,
police officers and such other persons as may be designated from time
to time by the city council shall have power and it shall be their
duty to examine and inspect from time to time all cable, telephone,
electric light or other poles, water or gas pipelines, pipes and other
fixtures in the public places within the city for the purpose of seeing
that all of same are in a safe and suitable condition, and whenever
any such item is found to be unsafe or unsuitable for the purpose
for which it is used, the person using, possessing or maintaining
same shall be notified and required to place same in a safe and suitable
condition.
(Ordinance 556-08 adopted 7/28/08)
(a)
The
city manager is designated as the administrative official of the city,
to administer the provisions of this article.
(b)
If
the city manager shall find, or if any person files with him, a complaint
in writing alleging that any of the provisions of this article are
being violated, he shall immediately investigate or cause to be investigated
and, when necessary, give written notice to the person responsible
to cease such violations, forthwith.
(c)
Notice
may be delivered in person or by certified mail to the violator or
any person in charge of property where the violations are occurring.
(d)
Penalty for violation.
Any person who violates or fails
to comply with the requirements of this article shall be guilty of
a misdemeanor and shall be liable to a fine of not more than two hundred
dollars ($200.00). Each day such violations shall be permitted to
exist shall constitute a separate offense.
(e)
Nothing
herein contained shall prevent the city from taking such other lawful
action as may be necessary to prevent or remedy any violation.
(Ordinance 556-08 adopted 7/28/08)
