Every person engaged in the business of supplying telephone
service for residential or commercial purposes in the City shall pay
a license tax for the right and privilege of carrying on and conducting
such business therein.
[CC 1976 §14-126; Ord. No. 264 §2, 10-28-1948; Ord. No. 1223 §2, 11-22-1971]
All persons, firms, companies, or corporations engaged in the
business of furnishing exchange telephone service in the City are
hereby required to file with the City Clerk a sworn statement showing
the gross receipts derived from the transactions of such businesses
within the City. "Gross receipts" as used herein
means the aggregate amount of all sales and charges of the commodities
described herein during any period less discounts, credits, refunds,
sales taxes and uncollectible accounts, actually charged off during
the period.
[CC 1976 §14-127; Ord. No. 264 §2, 10-28-1948; Ord. No. 1223 §2, 11-22-1971; Ord. No. 2030 §1, 11-14-1983; Ord. No. 2048 §1, 1-9-1984]
For the business transacted and gross receipts derived for the
calendar months October, November and December, 1983, such statements
shall be due and filed on the last day of January, 1984, showing the
gross receipts derived from such business during October, November
and December, 1983, and shall be for a license to operate for the
calendar months January, February and March, 1984. Thereafter and
beginning in the month of February, 1984, such statements required
by this Article shall be due and filed on the last day of each month
showing the gross receipts derived from such business during the month
preceding the month in which the statement is due, and shall be for
a license to operate for the second (2nd) month following the month
in which payment is made.
[CC 1976 §14-128; Ord. No. 264 §2, 10-28-1948; Ord. No. 1223 §2, 11-22-1971; Ord. No. 2287 §1, 8-11-1986; Ord. No. 95-71 §1, 9-12-1995]
At the time the above statements are filed and required to be
filed, payment shall be made to the City Collector at the rate of
nine and one-half percent (9.5%) on such receipts for the twelve (12)
month period beginning January 1, 1996 and ending December 31, 1996.
Thereafter the rate of tax shall be six percent (6%) paid on such
gross receipts. The telephone company shall have the privilege of
crediting such sums as may be due hereunder with any unpaid balance
due said company for telephone service rendered or facilities furnished
to said City.
[CC 1976 §14-129; Ord. No. 264 §§2, 4, 10-28-1948; Ord. No. 1223 §2, 11-22-1971]
The Clerk of the City and such other persons as may be designated
by the City Council from time to time is and are hereby authorized
to investigate the correctness and accuracy of any statement filed
under the provisions of this Article, and for that purpose shall have
access at all reasonable times to the books, documents, papers and
records of any person, firm or corporation filing such statement.
[CC 1976 §14-130; Ord. No. 264 §3, 10-28-1948]
The tax herein required to be paid shall be a tax on and for
the use and occupation of the streets, alleys and other public highways
of the City for the pipelines and conduits necessary for the conduct
of the business of the persons, firms or corporations mentioned herein;
and nothing herein contained shall be so construed as to exempt any
person, firm or corporation from the payment of the tax which said
City levies upon any real or personal property belonging to any such
person, firm or corporation.
[CC 1976 §14-131; Ord. No. 264 §6, 10-28-1948]
Any person, firm or corporation engaged in the business of supplying
telephone or telegraph service in the City upon the request of any
person shall remove, raise or lower its wires or cables temporarily
to permit the moving of houses or other structures. The expense of
such temporary removal, raising or lowering of wires and cables shall
be paid by the party or parties requesting the same, and the person,
firm or corporation engaged in the business of supplying telephone
or telegraph service may require such payment in advance. Notice to
raise or lower wires or cables shall be given not less than forty-eight
(48) hours before said change is desired.
[CC 1976 §14-132; Ord. No. 264 §7, 10-28-1948]
Permission is hereby granted to any person, firm or corporation
engaged in the business of supplying telephone or telegraph service
in the City to trim trees upon and overhanging streets, alleys, sidewalks
and public places of said City so as to prevent the branches of such
trees from coming into contact with the wires and cables of the person,
firm or corporation supplying telephone or telegraph service. Any
such tree trimming is to be done under the supervision and direction
of any City Official to whom said duties have been or may be delegated.
[CC 1976 §14-133; Ord. No. 264 §8, 10-28-1948]
Nothing herein contained shall be construed as giving the Southwestern
Bell Telephone Company any exclusive privilege.
[CC 1976 §14-134; Ord. No. 264 §9, 10-28-1948]
Any person, firm or corporation engaged in the business to which
this Article applies who shall violate any provisions hereof, shall
be deemed guilty of a misdemeanor, and upon conviction thereof, shall
be subject to a fine of not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00) for each such offense
and each day such violation continues shall be deemed a separate offense.
Should any person fail to make the verified return and pay the
tax at the proper time such person shall be penalized for failure
to pay said tax in the amount of ten percent (10%) of the tax then
due, which penalty shall be payable to the City.
Any person engaged in the business of supplying telephone service
in the City shall hold the City harmless from all liability imposed
upon it on account of injury or damage to person or property caused
by said person in the course of or in connection with any construction,
reconstruction, excavation, placing, maintenance, operation or use
of pipes, mains, conduits or other equipment in, along, across, over
or under any of the streets, roads, alleys, sidewalks, squares, bridges
or other public places in the City.
