HomeMy WebLinkAbout1583 03-25-2003ORDINANCE NO. 1583
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF EULESS, TEXAS, CHAPTER 80 "TELECOMMUNICATIONS ",
SECTION 80 -11 "COMPENSATION TO CITY "; 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, and by Ordinance No. 1528 on April 9, 2002;
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);
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 in accordance with maximum rates
set by the Public Utility Commission of Texas.
(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, refunding 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.)
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 25th day of March, 2003, by a vote of 6 ayes, 0 nays
and 0 abstentions.
APPROVED:
APPROVED AS TO FORM:
Mary Liti aleh, Mayor 6 Bob Mc arland, City A for ey
ATTEST:
san Crim, �MC, City Secretary
Ordinance No. 1583, Page 2 of 2