HomeMy WebLinkAboutOrd 1632 - implementing chapter 283 requirements
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ORDINANCE NO. 1632
AN ORDINANCE IMPLEMENTING THE REQUIREMENTS OF CHAPTER 283 OF THE
TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING THE ACCEPTANCE AND
FILING OF THE BASE AMOUNT AND ALLOCATION OF THE BASE AMOUNT
WITH THE PUBLIC UTILITY COMMISSION OF TEXAS; CONTAINING FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1.
The City Council finds and determines the following:
I. HB 1777, codified as Chapter 283 of the Texas Local Government
Code, took effect on September 1, 1999. The statute governs the
relationship between municipalities and certified telecommunication
providers.
II. 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.
III. In determining a compensation level for the use of the public rights
of way by certifcated 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.
IV. The Council finds that the base amount level established in Part 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.
Section 2. In accordance with Chapter 283 of the Local Government code, the City
Council has calculated that $ 167.012 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").
Section 3. When the allocation information becomes available on or after November 15,
1999, the City Manager is authorized to determine the allocation of the municipal fee base
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 reasonabley 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.
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Section 4. The Council finds that the need for this ordinance constitutes an emergency,
a grave public necessity, and an unusual and unforeseen condition that requires immediate
action by the Council. Because of this emergency, this ordinance takes effect on the date of
its passage and signature for the immediate preservation of the peace, health, and safety.
PASSED AND APPROVED this ;/) ~y of
ATTEST:
REJ~~
James L. Dougherty, Jr., City Attorney
(SEAL)
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