§ 31-1. Fees for use of streets by electric utilities.
(a)
All persons operating as an electric utility and using and maintaining any electric light and power poles, structures, wires, conduits, towers, cables, crossarms, appurtenances or fixtures in streets, alleys, parks and other public areas within the corporate limits of the city, shall file with the city secretary on or before the first day of May and on or before the first day of November of each year a report sworn to by the auditor, or other authorized representative of such person, showing the gross receipts derived by such electric utility from sales within the corporate limits of the city, of electric energy to consumers located and using such energy within the corporate limits of the city, during the immediately preceding six (6) months ending either March thirty-first or September thirtieth, as the case may be, excluding therefrom gross receipts from the city.
(b)
At the time of and in connection with making the reports required in paragraph (a) of this section, each person required to make such report shall pay to the city for using the streets, alleys, parks and other public areas within such city during the immediately preceding six (6) months ending either March thirty-first or September thirtieth, as the case may be, rental equal to two (2) percent of the gross receipts received during the six (6) months ending on the immediately preceding March thirty-first or September thirtieth, as the case may be, by such person from sales within the corporate limits of the city of electric energy to consumers located within and using such energy within the corporate limits of the city, excluding therefrom gross receipts from the city. Each such payment shall be made to the city at the office of the city secretary and the city secretary shall deliver to the person or concern making such payment a receipt for such amount paid as rental.
(c)
Any special taxes, rentals, contributions or charges accruing or covering any period of time after the effective date of the ordinance from which this section is derived, paid under the terms of any preexisting ordinance, contract or franchise, by any person required hereby to report and make payments based on gross receipts, shall be credited on the amount due or owing by such person hereunder and the city secretary is authorized hereby to allow such credit.
(d)
Any person and the local manager or agent of any such person willfully failing and refusing, after thirty (30) days' written notice from the city secretary, to make the report required herein or to pay the amount of the rentals fixed herein, shall be subject, upon conviction, to punishment as provided in section 1-6 of this Code.
(Ord. of 12-16-52, §§ 1—4)