HomeMy WebLinkAboutOrdinances (O-99-1189)-11/16/1999
ORDINANCE NO. 0-99-1189
AN ORDINANCE IMPLEMENTING THE REQUIREMENTS OF CHAPTER 283 OF THE
TEXAS LOCAL GOVERNMENT CODE, AND AUTHORIZING THE ACCEPTANCE AND
FILING OF THE BASE AMOUNT AND ALLOCATION OF THE BASE AMOUNT WITH
THE PUBLIC UTILITY COMMISSION OF TEXAS, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Colleyville has determined that it is necessary to implement the
requirements of Chapter 283 of the Texas Local Government Code, and
authorize the acceptance and filing of the base amount with the Public Utility
Commission of Texas.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS,
Sec. 1.
THAT the Findings and Purpose are as follows:
(A) House Bill 1777, codified as Chapter 283 of the Texas
Local Government Code, took effect on September 1,
1999. That statute governs the relationship between
municipalities and certificated telecommunication
providers.
(B) Texas Local Government Code, Chapter 283,
establishes the method to calculate the municipal fee
"base amount" of compensation to be paid to
municipalities by certificated telecommunication
providers.
(C) In determining a compensation level for the use of the
public rights-of-way by certificated telecommunication
providers that is fair and equitable, the Council has
considered:
(1) the historic level of compensation received;
(2) the actual and projected percentage of growth in
revenue from the compensation model in the
existing telecommunication ordinance; and
(3) annual growth in number of lines,
(D) The Council finds that the base amount level
established in Section 2 of this ordinance fairly
compensates the City by certificated telecommunication
providers for their use of the public rights-of-way, and
will be applied in a competitively neutral and non-
discriminatory manner.
Sec. 2.
THAT in accordance with Chapter 283 of the Local Government
Code, the City Council has calculated $155,240.63 as the
base amount of compensation for certificated
telecommunication providers' use of the public rights-of-way,
which shall be filed with the Public Utility Commission ("PUC)".
Sec. 3.
THAT when the allocation information becomes available on
or after November 15, 1999, the City Manager is authorized to
determine the allocation of the municipal base fee amount
among the three access line categories, as established by the
PUC, and shall file the allocation no later than December 1,
1999. To the extent it is reasonably calculable, the allocation
as to Category 1 residential customers shall be substantially
similar to the current allocation of municipal fees to that
category of customers.
Sec. 4.
THAT the Council finds that the need for this ordinance
constitutes an emergency, a grave public necessity, and an
unusual and unforeseen condition that could not, by
reasonable diligence, have been resolved at any other time, or
in any other way. Because of this emergency, this ordinance
takes effect on November 16, 1999, for the immediate
preservation of the peace, health and safety.
AND IT IS SO ORDERED,
The first reading and public hearing being conducted on the 3 d
1999.
day of November
The second reading and public hearing being conducted on the
1999.
I~~
day of November
ATTEST:
City of Colleyville, Texas
1J~
D[~~
Je n Harris, TRMC, CMC
City Secretary
Mayor
_A~~E AS TO FORM AND lEGALITY:
J:~. oster
City Attorney