City of Tyler v. Television Cable Service, Inc.

McKAY, Justice.

This is a suit by the City of Tyler seeking a declaratory judgment that an ordinance of the City granting a permit to ap-pellee to use the streets, alleys, public ways and places of the City for the operation of a community antenna television system (CATV) is void. From an adverse judgment, the City brings this appeal.

The City of Tyler is a home rule city. The ordinance in question was passed on third reading on October 2, 1970, and such ordinance granted to appellee a permit to operate and maintain a cable television system in the City and sets out the conditions, regulations…