§ 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)

§ 90.074 RENTAL NOT A TAX.

   The rental for the privilege of using the streets, alleys, highways, easements and public places in the city provided for in this subchapter is not charged as a tax, but is made for the privilege now enjoyed and to be enjoyed by persons for using the streets, alleys or other public ways of the city in the conduct of their respective business.

(1998 Code, § 106-117)

§ 90.075 RENTAL TO BE IN LIEU OF CERTAIN TAXES AND FEES.

   The rental charge provided for in this subchapter shall be in lieu of any and all occupation taxes, easement and franchise taxes, whether levied as an ad valorem, special or other character of tax, and in lieu of license and inspection fees, street taxes and all other taxes, charges, levies, fees and rentals of every kind and character which the city is empowered to levy and collect, excepting only the usual general or special ad valorem taxes which the city is authorized to levy and impose upon real and personal property.

(1998 Code, § 106-118)

§ 90.076 RESERVATION OF RIGHTS BY CITY.

   The city hereby reserves the right to put into effect at any time other reasonable restrictions and regulations as to the erection and maintenance of poles, wires, pipes, conduits and other appurtenances in the streets, easements, alleys and public ways of the city; from time to time to require such poles, pipes, wires, conduits and other property, equipment and fixtures as are necessary to be removed; and to make such other reasonable regulations as may be deemed necessary.

(1998 Code, § 106-119)

§ 90.077 INSPECTION OF FIXTURES; CORRECTION OF UNSAFE CONDITIONS.

   The City Fire Marshal or designee, Building Official, city police officers and such other persons as shall be designated by the City Commission shall have the right to examine and inspect, from time to time, on reasonable notice and other reasonable rules and regulations, all poles, gas pipelines, pipes, conduits, wires and other fixtures and structures in the streets, alleys and public places within the corporate limits of the city for the purpose of seeing that all of such fixtures and structures are in a safe and suitable condition. Whenever any item is found to be unsafe or unsuitable for the purpose for which it is used, the person using, possessing or maintaining such item shall cause the item to be put in a safe and suitable condition within a reasonable time.

(1998 Code, § 106-120)

TREES, SHRUBS, OTHER PLANTS AT INTERSECTIONS

§ 90.090 DEFINITION.

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   STREET GUTTER FLOW LINE. The street gutter flow line of the curb adjacent to and bordering upon each restricted area as designated in this subchapter. If there is no such curb, the height restrictions set forth in this subchapter shall be based upon the actual level of the paved or used portion of the public street adjacent to and bordering upon each such restricted area.

(1998 Code, § 106-143)