§ 9-302.  Overhead Wires. 605
   (1)   Legislative Findings.
      (a)   The City on occasion may grant franchises to persons, which franchises include permission to erect and maintain overhead wires, and which require the payment of an annual franchise fee;
      (b)   If a franchise includes the grant of permission to erect and maintain overhead wires, and requires the payment of an annual franchise fee, part of which covers the fee for the erection and maintenance of overhead wires, then requiring the person granted such franchise to pay the fee required by this Section would constitute an inequitable double fee;
      (c)   It is the intent of this Section to require every person granted permission to erect and maintain overhead wires, whether pursuant to the terms of this Section or pursuant to a franchise granted by the City, to pay the same fee for the erection and maintenance of overhead wires;
      (d)   It is not the intent of this Section to limit the franchise fees required in any franchise granted by the City, which fees may constitute payment for consideration other than the erection and maintenance of overhead wires.
   (2)   Definitions. In this Section, the following definitions apply:
      (a)   Overhead wires. Any Aerial Facilities as defined in Chapter 11-700.
   (3)   Prohibited Conduct. No overhead wires shall be erected or maintained except as authorized by Right-of- Way Use Authorization pursuant to Chapter 11-700, in the case of overhead wires that are Facilities as there defined, and in accordance with this Section and Chapter 11-700.
   (4)   Permits. No person shall erect or maintain any overhead wire unless he has obtained a permit as provided in Chapter 11-700 from the Department of Streets.
      (a)   No permit shall be issued unless:
         (.1)   the applicant submits a plan specifying the type, number and length of the overhead wires to be erected, and the route over which they will be strung;
         (.2)   the plan has been approved by the Department of Streets;
         (.3)   the applicant pays the fee specified in subsection 9-302(5).
   (5)   Fees.
      (a)   No overhead wire shall be maintained unless:
         (.1)   the owner files an annual written return with the Department of Public Property, on the date set by it, certifying the number, type, location and length of the overhead wires maintained; and
         (.2)   the owner pays an annual fee of six dollars ($6.00) per mile or part thereof of overhead wire for electrical lighting and power purposes and three dollars and seventy-five cents ($3.75) per mile or part thereof of overhead wire for telegraphic, telephonic or other purposes.
      (b)   Subject to subsection (5)(c), the provisions of subsection (5)(a) shall not apply to any person who is granted a franchise by the City if such franchise:
         (.1)   includes the grant of permission to erect and maintain overhead wires; and
         (.2)   requires the payment of an annual franchise fee to the City.
      (c)   If a person otherwise liable for the payment of the annual fee required by subsection (5)(a)(.2) is not required to pay such annual fee by virtue of subsection (5)(b), then if, in any year, the franchise fee due for that year is less than the annual fee that would otherwise be required by subsection (5)(a)(.2), such person shall pay to the City, at the time the final payment of the franchise fee for than year is due, an amount equal to the difference between the annual fee as computed under subsection (5)(a)(.2) and the franchise fee due for that year.

 

Notes

605
   Source: 1883 Ordinances, p. 68, as amended; 1948 Ordinances, p. 1010; amended and new subsection added, 1985 Ordinances, p. 1180; amended by deleting subsection (6), 1990 Ordinances, p. 715; amended, Bill No. 050065 (approved April 20, 2005).