§ 90.054 PROTECTION, GUARDS AND WARNINGS FOR EXCAVATIONS OR HOLES IN PUBLIC PLACE.

   It shall be unlawful for any person to take out a pole or put in a pole or take out or put in a grating or light area in any sidewalk, street, alley or public place within the corporate limits of the city without protecting, guarding or warning the public against any hole in the sidewalk, street, alley or public place. After the pole, grating or area cover is put in or taken out, all the excavations or holes shall be guarded with red lights at night or, if reasonably necessary, with a guard or barrier by day or night to protect the traveling public along the sidewalks, streets, alleys or public places from personal injuries.

(1998 Code, § 106-80) Penalty, see § 10.99

§ 90.055 DUTIES UPON COMPLETION OF WORK IN STREET.

   After the excavation or opening shall have been made, the person so making it shall backfill the excavation with such materials and in such manner as the City Engineer may require, and leave the street or highway in at least the same condition as it was before the opening therein was made.

(1998 Code, § 106-81) Penalty, see § 10.99

§ 90.056 ACCEPTANCE OF COMPLETED WORK IN STREET; USE OF BOND OR DEPOSIT TO PAY FOR COST OF REPAIRS.

   (A)   The conditions of the bond required by § 90.047 of this chapter shall not be considered to have been complied with until the Engineer shall have accepted the street or highway as being in good condition.

   (B)   If the person making the opening shall fail to leave the highway in a good state of repair, satisfactory to the Engineer, then the Engineer shall call upon the bondsmen to pay for the cost of repairing the highway; provided, however, that, if it is a cash deposit instead of a bond the engineer may proceed to have the street or other highway put in good condition, paying for the work out of the deposit made with him or her; and, if there be any remainder of the deposit after paying for the work, the remainder shall be refunded to the person making the deposit.

(1998 Code, § 106-82)

STREET RENTAL CHARGES

§ 90.070 APPLICABILITY.

   The provisions of this subchapter shall apply to any and all persons engaged in the business of distributing, selling or delivering natural gas within the corporate limits of the city.

(1998 Code, § 106-113)

Charter reference:

   Street rental from public utilities, see Art. XVII, § 12

Cross-reference:

   Oil and Gas Wells, see Ch. 120

   Pipelines, see Ch. 121

§ 90.071 ANNUAL REPORT OF GROSS RECEIPTS.

   All persons using or maintaining any poles, wires, gas pipelines, pipes, conduits and other fixtures in any of the streets, highways, easements, alleys, parks or other public ways and places within the corporate limits of the city, for the purpose of distributing, selling or delivering natural gas within the city, shall, on or before February 1 of each and every year, file with the Director of Transportation and Planning, or his or her designee, a sworn report showing the gross receipts from the sale of gas to consumers for residential purposes within the city, and also showing the gross receipts from the sale of gas to commercial consumers, as the consumers are so classified by such persons, within the corporate limits of the city for the next preceding year ending December 31.

(1998 Code, § 106-114)

§ 90.072 AMOUNT AND PAYMENT OF RENTAL.

   On or prior to February 1 of each and every year, every person occupying or using the streets, highways, easements, alleys, parks or other public places in the city with poles, pipes, conduits, wires or other fixtures or structures shall, as a condition to the further occupancy, pay to the city annually for the privilege a rental equal to 2% of the annual gross receipts received by the person from the sale of gas to consumers for residential purposes within the city, and also 2% of the annual gross receipts received from the sale of gas to commercial consumers, as the consumers are so classified by such person, within the corporate limits of the city, representing gas sold to such consumers residing within the city limits, for the preceding year ending December 31, which sum shall be paid to the city.

(1998 Code, § 106-115)

Statutory reference:

   Authority of city to make reasonable charge, not exceeding two percent gross receipts, for use of streets, alleys and the like by public utilities, see Tex. Tax Code § 182.025(b)

§ 90.073 RECEIPT; PRIVILEGES GRANTED.

   Upon receipt of the rental required by § 90.072 of this chapter by the city, the Director of Transportation and Planning, or his or her designee, shall deliver to the person paying the rental a receipt for the rental. As long as the person shall pay the yearly rental, he or she shall have the right to use and occupy the streets, highways, easements, alleys, parks and other public ways and places within the corporate limits of the city, in accordance with his or her franchise, with such poles, gas pipelines, pipes, conduits, fixtures, structures, wires or other equipment as shall be necessary or proper for the carrying on of the business of selling, distributing and delivering gas within the corporate limits of the city.

(1998 Code, § 106-116)