All persons, associations, organizations or corporations using
or maintaining any of their business in any of the streets, easements,
alleys, parks and other public places within the corporate limits
of the city shall, on or before the first (1st) day of April of each
year hereafter, file with the city secretary a written report, sworn
to by the auditor of such persons, associations, organizations or
corporations, showing the gross receipts derived from the operation
of such business within the corporate limits of the city for the twelve
(12) months next preceding each January first (1st) of each year.
Gross receipts reports may, at the option of the city, be required
quarterly on or before the first (1st) day of April, July, October
and January for the preceding quarter.
(1986 Code, ch. 4, sec. 2(A); 1993
Code, sec. 4.201)
The city council may, when it may see fit, have the books and
records of the persons, associations, organizations or corporations
rendering the statement examined by a representative of the city to
ascertain whether such statement is accurate, but nothing in this
section shall be construed to prevent the city from ascertaining the
facts by any other method.
(1986 Code, ch. 4, sec. 2(B); 1993
Code, sec. 4.202)
Upon the first (1st) day of April of each and every year hereafter,
every person, association, organization or corporation occupying or
using the streets, easements, alleys, parks or other public places
in the city limits and its additions thereto, with poles, structures,
towers, conduits, wires, cables, cross-arms, fixtures, appurtenances,
gas lines, sewer lines, water lines, telegraph lines or telephone
lines on, across, above or below ground on said streets, easements,
alleys, parks or other public places, in the operation of their business,
shall pay a rental to the city equal to two percent (2%) of the gross
receipts by such persons, associations, organizations or corporations
from the operation of its business in the city for the twelve (12)
months preceding January first (1st) of each year. Such sum shall
be paid to the city secretary, who shall thereupon deliver to the
persons, associations, organizations or corporations paying the same
a receipt for the amount so paid as rental. Gross receipt payments
may, at the option of the city, be required quarterly on or before
the first (1st) day of April, July, October and January for the preceding
quarter. This section shall not be construed to limit the amount of
franchise fees paid by utility companies operating under franchise
agreements with the city.
(1986 Code, ch. 4, sec. 2(C); 1993
Code, sec. 4.203)
The payment of the rental, as above provided, and the issuance
of the receipt thereof, shall authorize such person, association,
organization or corporation to use and occupy the streets, highways,
easements, alleys, parks and other public places of the city in carrying
on its business under the regulations of the city for twelve (12)
months from January first (1st) of such year.
(1986 Code, ch. 4, sec. 2(D); 1993
Code, sec. 4.204)
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, associations, organizations or
corporations of using the streets, alleys, easements and other public
ways in the city in the conduct of their respective business, and
such charges are additional to all ad valorem and franchise taxes
and to taxes of every nature whatsoever against the persons, associations,
organizations or corporations mentioned herein.
(1986 Code, ch. 4, sec. 2(E); 1993
Code, sec. 4.205)
Nothing herein is intended to release any person, association,
organization or corporation of any condition, restriction or requirement
imposed by any law or ordinance of the city.
(1986 Code, ch. 4, sec. 2(F); 1993
Code, sec. 4.206)
This article does not grant a franchise to any utility or persons,
associations, organizations or corporations to use the streets, easements,
alleys and 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 any earned rentals paid to
the city, if any.
(1986 Code, ch. 4, sec. 2(G); 1993
Code, sec. 4.207)
The city hereby reserves the right to put into effect at any
time other restrictions and regulations as to the re-erection and
maintenance of poles, wires, pipes and other apparatus in the streets,
easements, alleys and other public ways of the city 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.
(1986 Code, ch. 4, sec. 2(H); 1993
Code, sec. 4.208)
City officials, and such other persons designated by the city
council, shall have power and it shall be their duty to examine and
inspect, from time to time, all telegraph, telephone, and electric
light wires or other poles, gas pipelines, sewer lines, water lines
and all other pipes and fixtures in the public places within the city
for the purpose of seeing that all of the same are in safe and suitable
condition, and when any such item is found to be unsafe or unsuitable,
the persons using, possessing or maintaining same shall be notified
and required to place same in a safe and suitable condition.
(1986 Code, ch. 4, sec. 2(I); 1993
Code, sec. 4.209)
