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25 ORDINANCE 1987-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, SETTING A FEE FOR THE USE OF ANY STREET, ALLEY, HIGHWAY OR GROUNDS 0 F THE CITY OF SAN MARCOS BY ANY TELEPHONE COMPANY OPERATING IN SAID CITY THAT DOES NOT HAVE A FRANCHISE AGREEMENT WITH THE CITY; PROVIDING FOR THE TERMS AND CONDITIONS OF THE PAYMENT OF SUCH FEE; PROHIBITING THE USE OF ANY STREET, ALLEY, HIGHWAY OR GROUNDS OF THE CITY UNLESS SAID FEE IS PAID: PRESCRIBING CRIMINAL PENALTIES FOR VIOLATIONS AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of San Marcos and the San Marcos Telephone Company have attempted for nearly twelve (12) months to negotiate a franchise agreement: and, WHEREAS, the franchise agreement between the City of and the San Marcos Telephone Company has expired; and, San Marcos WHEREAS, Article 1175, Sections 12, 16,17 and 18, V.A.T.S., gives to the City "exclusive dominion, control and jurisdiction in, over and under the public streets, avenues, alleys, highways and boulevards and public grounds of such city...,11 provides that the city may "control, regulate and remove all obstructions or other encroachments or encumberances on any public street, alley or ground..." and prohibits" the use of any street, alley, highway or grounds of the city by any...te1ephone... company...without (said company) first obtaining the consent of the governing authorities (of the city) expressed by ordinance and upon paying such compensation as may be prescribed and upon such condition as may be provided by any such ordinance"; now, therefore, BE TEXAS: IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, SECTION 1. That any telephone company operating within the City limits of the City of San Marcos without a franchise agreement shall pay to the City of San Marcos a fee of four percent (4%) of its total gross revenues derived from its operations within the City as compensation for said company's use of any street, alley, highway or grounds owned or controlled by the City. SECTION 2. That the four percent (4%) use fee required in Section 1 above shall be paid quarterly on or before the 15th of the month immediately following each calendar quarter covering revenues received during the preceding calendar quarter. To assure adequate compliance with this Ordinance, the City shall have the right to inspect, review and audit the relevant records of any company subject to this Ordinance at any reasonable time. SECTION 3. That should any telephone company operating within the City of San Marcos without a franchise agreement with the City fail to pay the rental fee provided for in Section 1 above, it shall immediately cease to use all streets, alleys, highways or grounds of the City until such time as the fee is paid or a franchise agreement is reached with the City. SECTION 4. That a violation of any of the terms of this ordinance is hereby declared to be a misdemeanor and subject to a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each day the violation continues. Each encroachment by an instrument, installation, vehicle, utility pole or any other property owned or controlled by the company shall be a separate and distinct violation. SECTION 5. That the penalty provided in Section 4 above shall not limit or diminish any other remedy that may be available to the City for enforcing this Ordinance. SECTION 6. That the City reserves and maintains its right to control, approve and regulate the locations of poles, wires and other objects and materials located in or on those streets, alleys, highways or grounds for which the City is responsible or which City owns in order to preserve and protect the health, safety, welfare and reasonable convenience of the public and ensure the reasonable operation of City government.