HomeMy WebLinkAbout1528 04-09-2002ORDINANCE NO. 1528
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF EULESS, TEXAS, CHAPTER 80 "TELECOMMUNICATIONS ",
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.
WHEREAS, the City of Euless, Texas, (the "City "), in order to facilitate competition in 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 to
exercise its historical rights to control and manage its Public Rights -of -Way to receive
compensation for their use on a competitively neutral and nondiscriminatory basis created
Chapter 80 "Telecommunications" of the Code of Ordinances on June 22, 1999; and,
WHEREAS, Chapter 80 "Telecommunications ", Section 80 -11 "Compensation to City' (a)
(1) b. was amended by Ordinance No. 1439 on June 27, 2000, and by Ordinance No. 1486
on June 26, 2001,
WHEREAS, pursuant to Chapter 283 of the Local Government Code (House Bill 1777),
the Public Utility Commission (PUC) is required to adjust the maximum access line rates
for cities by an amount equal to one half the annual change in the Consumer Price Index
(CPI) for the year 2001; and
WHEREAS, based on information obtained from the Federal Bureau of Labor Statistics,
the PUC has determined that one half the annual change in CPI for 2001 is 1.15 %;
therefore, the maximum access line rates for all Texas cities have been increased by
1.15 %.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS,TEXAS:
1. That Chapter 80 "Telecommunications ", Section 80 -11, "Compensation to City."
(a) (1) b. read as follows in its entirety:
(a) (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:
Access Line Fee
Calculation
Amount
Monthly Amount Per
Access Line From
Effective Date
(per month)
TYPE (1) or (2):
Residential
0.81
Non - residential
3.01
TYPE (3):
Private line termination point(s)
3.01
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. 1528, 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 9th day of April, 2002, by a vote of _7_ ayes, _Q_ nays
and o abstentions.
APPROVED:
Mary Lib Saleh, Mayor
ATTEST:
� o
APPROVED AS TO FORM:
'exe W -
Bob McFarland, City A orney
Ordinance No. 1528, Page 3 of 3