City of Atlanta, TX ARTICLE 11.600 STREET, POLE AND PIPE RENTAL

§ 11.601 Street, Pole and Pipe Rental.

(a) All persons, associations, organizations, and corporations using or maintaining any telegraph, electric light or other poles, gas pipe lines, in any of the streets, highways, easements, alleys, parks or other places within the corporate limits of the city of Atlanta, Texas, shall on the 1st days of February, May, August and November of each and every year beginning on August 1st, 1941, file with the city secretary a sworn report showing the gross receipts from the business conducted by such persons, associations, organizations and corporations within the corporate limits of the said city for the preceding quarter year.

(b) The city council may when it may see fit have the books and records of the person, association, organization, or corporation rendering the statement required in (a) of this section 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.

(c) Upon the 1st days of February, May, August, and November of each and every year, every person, association, organization, or corporation occupying or using the streets, highways, easements, alleys, parks, or other public places in the City of Atlanta, Texas, with poles, pipes, and for other fixtures shall as a condition to such further occupancy pay to the city quarterly for such privileges a rental equal of four(4%) per cent for gas pipe lines and two (2%) per cent for all other utilities (except telephones), of the gross receipts received by such person, association, organization, or corporation from its business conducted in the corporate limits of the city of Atlanta, Texas, for the preceding quarter which sums shall be paid to the City of Atlanta, Texas, such amounts to be computed for the quarter years ending March 31st; June 30th; September 30th and December 31st, respectively of each year, the extra month being allowed to make such reports and payments.

(d) Upon receipt of the above rentals by the city, the city secretary shall deliver to the person, association, organization, or corporation paying the same a receipt for such rental, which said receipt shall authorize such person, association, organization, or corporation to use and occupy the streets, highways, easements, alleys, parks and other public ways of the city in carrying on its business for three (3) months from the ending of the last calendar year quarter.

(e) The rental for the privilege of using the streets, alleys, highways, easements, and public places of the City of Atlanta 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, associations, organizations, and corporations, of using the streets, easements, alleys, and other public ways of the city in the conduct of their respective businesses; and such charges are additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the persons, associations, organizations or corporations mentioned herein.

(f) Nothing herein is intended to relieve any person, association, organization, or corporation of any condition, restriction, or requirement, imposed by any law or ordinance of the said City of Atlanta, Texas.

(g) This article does not grant a franchise to any utility or person, association, organization or corporations to use streets, easements, alleys, or other public ways 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.

(h) The City of Atlanta 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, and other appurtenances in the streets, easements, alleys and other public ways of the said city and from time to time to require such poles, pipes, wires, 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.

(i) Every person, association, organization, and corporation who shall operate any business without the payment of the rentals provided for herein shall be subject to a penalty in accordance with the general penalty provision found in Section 1.106 of this code for each and every day that person, association, organization, or corporation shall conduct such business using and occupying the streets, easements, alleys, or other public ways of the City of Atlanta without the payment of the said rentals which said sum may be recovered by the City of Atlanta in a court of competent jurisdiction by a suit filed therein.

(j) Every person, association, organization, and corporation and the local manager or agent of every such person, organization or corporation failing or refusing to make the report required by subsection (a) of this article, or failing or refusing to allow the examination provided for in subsection (b) herein, shall upon conviction in the city court of the City of Atlanta, Texas, be fined in accordance with the general penalty provision found in Section 1.106 of this code.

(k) The city marshal, electrical inspector, city police officers, and such other persons designated by the city, shall have power and it shall be their duty to examine and inspect form tine to time all telegraph, electric light or other poles, gas pipe line, 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 suitable condition.

(Ordinance 200, adopted 12/1/41, Section 1; Ordinance 200, adopted 12/1/41, Section 2; Ordinance 200, adopted 12/1/41, Section 3; Ordinance 200, adopted 12/1/41, Section 4; Ordinance 200, adopted 12/1/41, Section 5; Ordinance 200, adopted 12/1/41, Section 6; Ordinance 200, adopted 12/1/41, Section 7; Ordinance 200, adopted 12/1/41, Section 8; Ordinance 200, adopted 12/1/41, Section 9; Ordinance 200, adopted 12/1/41, Section 10; Ordinance 200, adopted 12/1/41, Section 11)