HomeMy WebLinkAbout1439 06-27-2000ORDINANCE NO. 1439
All ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF E U LESS, TEXAS, CHAPTER 80
"TELECOMMUNCATIONS, SECTION 80-11 - COMPENSATION
TO CITY." ( ,a) (1) b., PROVIDING A SEVERABILITY CLAUSE,
PROVIDING A SAVING CLAUSE, PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WG-7C PRE,4�. S, the City of Euless, Texas, (the "City "), seeks to facilitate competition ire the
provision of Telecommunications Services on a competitively neutral basis and encourage
the availability of such services to all residences and businesses within the City, and,
WHEREAS, in accordance with applicable federal and state laws, the City seeks to
exercise it's historical rights to control and manage its Public Rights -of -Way to receive
compensation for their use on a competitively neutral and nondiscriminatory basis, and,
WHEREAS, because the City deems that the public streets, alleys, easements, and other
Public Rights -of -Way to be used by the Telecommunications Service Providers in the
operation of their Telecommunications Network(s) within the boundaries of the City are
valuable public properties, the use of which is deemed by the City to be a valuable
property right, therefore, the City finds that the users thereof should pay the City
compensation for the use of the City's Public Rights -of -Way, and
WHEREAS, the City recognizes and finds that continuing changes in the
telecommunications industry, changes in technology, and changes in state and federal law
make Telecommunications Services and Providers unique as opposed to other users of
the City's Public Rights -of -Way;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENDLESS, TEXAS:
1. That Chapter 80 "Telecommunications ", Section 80-111, "Compensation to City."
(a) (1) b. to read as follows in its entirety:
(1) b. For each month of the quarter following the effective date of the
municipal consent, a provider shall pay an access line fee,
which is based upon its number of access lines calculated as
follows:
Ordinance No. 1439, Page 1 of 3
Access Line Fee
Calculation
Amount
Monthly Amount Per
Access Line From
Effective Date
(per month)
TYPE (1) or (2).
Residential
0.76
Non - residential
2.83
TYPE (3):
Private line termination point(s)
2.83
The city reserves the right to make reasonable adjustments to
the access line fee, with 180 days notice, but not to exceed ten
percent in any one year.
Amounts appearing above are used to calculate the total
compensation due the city and are not to be construed as the
setting of a charge for end - users.
(To the extent allowed by law, and not at the direction or
request of the city, pursuant to Texas Utilities Code Section
54.206, a provider has the discretion to collect the access line
fee imposed by the city pursuant to this chapter through a pro
rata charge to the customers in the boundaries of the city,
including from any other persons who are leasing, reselling,
rebundling or otherwise using the provider's access lines to
provide telecommunications service.)
(For purposes of this section only, lines terminating at
customers with "Lifeline,'' "Tel- Assistance," or other service
that is required to be similarly discounted pursuant to state or
federal law or regulation for the purpose of advancing
universal service to the economically disadvantaged shall not
be included in the lines upon which the fee is calculated, but
provider shall provide information on the number of such lines
upon request by the city.)
Ordinance No. 1439, Page 2 of 3
Severability Clause. It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared invalid or unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
Saving Clause. Chapter 80 of the Code of Ordinances, City of Euless, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the State
of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the
Euless City Council on the 27th day of June 2000, by a vote of 7
ayes, 0 nays and 0 abstentions.
ATTEST:
APPROVED:
san Crim, 0C, City Secretary Mary Lib aleh, Mayor
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Pop ,� .
Ordinance No. 1439, Page 3 of 3