HomeMy WebLinkAboutOrdinance No. 99-1155 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
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; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
Section 1. Findings and Purpose.
A. I-lB 1777, 76th Legislature, 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 telecommunications providers.
B. Chapter 283 establishes the method to calculate the municipal fee "base mount" of
compensation to be paid to municipalities by certificated telecommunication providers.
C. In determining a compensation level for the use of the public fights 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 f'mds that the base amount level to be determined by the City Director
of Finance as described in Section 2 of this Ordinance will fairly compensate the City by certificated
telecommunication providers for their use of the public fights-of-way, and will be applied in a
competitively neutral and non-discriminatory manner.
Section 2. Base Amount. In accordance with Chapter 283 of the Local Government
Code, the City's Director of Finance is authorized to calculate the base amount of compensation for
certificated telecommunication providers' use of the public fights of way, which amount shall be
filed with the Public Utility Commission ("PUC").
Section 3. Allocation of Base Amount. When the allocation information becomes
available on or after November 15, 1999, the City's Director of Finance 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 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.
Section 4. Effective Date. This Ordinance shall take effect from and after its date of
adoption.
/~,~.~PASSED AND APPROVED by the City Council of the City of The Colony, Texas this day of November, 1999.
William Manning, Mayor ~---~
ATTEST:
Patti Hicks, City Secretary