§ 122-34. Charges for using city streets and rights-of-way.

(a)

Any person or other entity, including but not limited to operators of a community antenna television service, a cable communication system, a telecommunications utility as defined in V.T.C.A., Utilities Code § 51.002(11) or public utilities as defined in V.T.C.A., Utilities Code § 51.002(8) using the streets, rights-of-way, easements, alleys, parks or other public property within the city 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 the city an annual inspection, supervision and use charge in an amount equal to five percent of the gross revenues 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.

(b)

Such payments shall be made on or before March 31 of each year and shall be an amount equal to five percent of the gross receipts of such person or entity for the calendar year ending December 31 of the next preceding year.

(c)

All such persons and entities as may use distribution facilities strung upon poles along such streets, rights-of-way, easements, alleys, parks or other public property within the corporate limits are required to cooperate with each other through the media of joint usage agreements, pole attachments agreements, leases of facilities or other agreements to avoid duplication and proliferation of poles.

(d)

Nothing provided in this section shall be construed as a surrender by the city of any of its police powers to regulate and control the use of its streets, alleys and other public places as provided by the city Charter and by state law. This section is not intended and shall not grant or convey any rights, whatsoever, to any person or entity to use the public properties of the city without the express consent of the city council.

(e)

If this section conflicts with the terms and provisions of any franchise in effect or granted by the city, the terms and provisions of the franchise shall be controlling.

(Code 1967, § 26-11; Ord. No. 852, §§ 1—5, 1-13-67; Ord. No. 6094, § 1, 12-12-91; Ord. No. 8116, § 1, 10-23-97)