§ 10. PUBLIC UTILITIES

A.

FRANCHISE REQUIRED

No utility company operating within the city limits without a specific franchise granted by the Santa Fe City Council shall extend its pipes, lines, wires, and facilities for the purpose of serving customers not theretofore served by it.

B.

SWORN REPORT OF GROSS RECEIPTS REQUIRED

All persons, associations, organizations, and corporations, excepting suppliers of public utility service pursuant to a franchise granted by the City of Santa Fe, Texas, using or maintaining any telegraph, telephone, electric light or other poles, gas pipe lines, water pipe lines, pipes and other fixtures in any of the streets, highways, easements, alleys, parks, or other places within the corporate limits of the City of Santa Fe, Texas, shall on the first day of March of each and every year, 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 and such other information as is provided by Article 1121, 1925 Revised Civil Statutes of Texas, for the preceding year ending December thirty-first.

C.

BOOKS AND RECORDS MAY BE EXAMINED

The city council may, when it sees fit, have the books and records of such person, association, organization, or corporation rendering the statement required in subsection B of this section, 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.

D.

STREET RENTALS

On or before the first day of April 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 Santa Fe, Texas, with poles, pipes, and for other fixtures shall, as a condition to such further occupancy, pay to the city annually for such privileges a rental equal to two percent (2%) of the gross receipts received by such person, association, organization, or corporation from its business conducted in the corporate limits of the City of Santa Fe, Texas, for the preceding year, which sums shall be paid to the City of Santa Fe, Texas. This subsection shall not be construed to limit the amount of franchise fees paid by utility companies operating under franchise agreements with the city.

E.

CITY SECRETARY TO DELIVER RECEIPT

Upon receipt of the above rental by the city, the city secretary shall deliver to the person, association, organization, or corporation paying the same a receipt of 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 twelve (12) months from January first of such year.

F.

PURPOSE OF RENTAL

The rental for the privilege of using the streets, alleys, highways, easements, parks, or other public places of the City of Santa Fe provided for in this section 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, franchise taxes, and all other taxes of every nature whatsoever against the persons, associations, organizations, or corporations mentioned herein.

G.

SECTION NOT TO RELIEVE UTILITIES OF OTHER REQUIREMENTS IMPOSED BY LAW

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 said City of Santa Fe, Texas.

H.

SECTION DOES NOT GRANT FRANCHISE

This section does not grant a franchise to any utility, or person, association, organization, or corporation 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 the unearned rentals for the year in which such cancellation becomes effective paid to the city.

I.

OTHER RESTRICTIONS AND REGULATIONS

The City of Santa Fe 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.

J.

ADDITIONAL PENALTIES

Every person, association, organization, and corporation who shall operate any business without filing the report as provided in subsection B hereof, and the payment of the rentals provided for herein shall be subject to a penalty of one hundred dollars ($100.00) for each and every day that such person, association, organization, or corporation shall conduct such business using and occupying the streets, easements, alleys, parks, or other public ways of the City of Santa Fe without the payment of said rentals, which said sum may be recovered by the City of Santa Fe in a court of competent jurisdiction by a suit filed herein.

K.

GENERAL PENALTIES

Every person, association, organization, or corporation, and the local manager or agent of every such person, organization, or corporation failing or refusing to allow the examination provided for in subsection C hereof shall, upon conviction in the municipal court of the City of Santa Fe, Texas, be fined in accordance with chapter 1, section 5 of this Code of Ordinances.

L.

CITY INSPECTIONS

The fire marshal, public works director, city police officers, and such other persons designated by the city, shall have power and it shall be their duty to examine and inspect from time to time all telegraph, telephone, electric light, or other poles, gas pipe lines, water pipe lines, 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.

(Provision for inclusion of section 10 above provided for in ordinance adopting this Code of Ordinances.)

Editor's note

See also Article 11 of Home Rule Charter.