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HomeMy WebLinkAboutOrdinance No. 39ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REGULATING THE ERECTION AND MAINTENANCE OF UTILITY POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, PIPES, LINE OR OTHER APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ANY AND ALL PUBLIC STREETS, AVEN- UES, ALLEYS, PUBLIC GROUNDS, WAYS OR PLACES IN THE CITY; PROVIDING FOR AN ANNUAL PAYMENT TO THE CITY BY EACH UTILITY COMPANY USING THE STREETS OF THE CITY IN AN AMOUNT EQUAL TO TWO PER CENT (2%) OF THE GROSS RECEIPTS OF SUCH UTILITY COMPANY FOR LOCAL SERVICE WITHIN THE CITY FOR THE RIGHT TO USE SAID STREETS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain utility companies are presently doing business within the City of the Colony and have been operating and using the streets, alleys and other public property of the City for the laying and maintenance of their lines and appurtenances, and WHEREAS, such operations have heretofore been unregulated by the City, and WHEREAS, such public utilities are private businesses engaged in profit-making activities using public property without payment, and WHEREAS, the City Council of the City of the Colony finds that such public utility companies should pay a reasonable fee for the use of such public streets, alleys and ways, now, there- fore, BE IT ORDAINED by the City Council of the City of the Colony: SECTION 1. That the public utility companies operating in the City of the Colony, Texas, are hereby expressly granted consent to use and occupy the present and future public streets, avenues, alleys, public grounds and ways for the purposes of laying, maintaining, constructing, operating, and replacing therein and thereon any and all poles, wires, anchors, cables, manholes, conduits, pipes, lines, and all other necessary or desirable appurtenances for the purposes of supplying public utilities to the citizens of the City of the Colony subject to the regulations contained herein. SECTION 2. REGULATIONS: (a) Poles, structures and other appurtenances shall�be so erected and maintained as not to interfere unreasonably with traffic over streets and alleys. The location of all poles, con- duits and other structures shall be fixed under the supervision of the designated committee of the City, but such supervision shall not interfere unreasonably with the proper operation of said lines by the utility. (b) Utility companies shall promptly clean up and restore to an approximate original condition, at their own cost, all thoroughfares and other services which they may disturb and when any such utility company shall make or cause to be made any ex- cavation in the street or shall place any obstruction in the street, alley or other public place, the public shall be protected by barriers and lights placed, erected, and maintained by the utility company. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. (c) The utility company shall, if possible, remove, raise or lower their wires or lines temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties and the utility company may require such payments in advance. Any permanent move of any utility line, wire or equipment shall be paid for by the benefited party and only subject to the express consent of the utility company and with the appropriate permit and inspection by the Building Official of the City. (d) The utility companies are granted the right and permis- sion to trim and remove trees or othEr obstructions to existing lines under the supervision of the Building Official of the City. (e) All poles placed on public property shall be of sound material and reasonably straight, and shall be placed so set that they will not interfere with the flow of water in any gutter or drain, and so that the same will interfere as little as practical with the ordinary travel on the street or sidewalk. As of the time of this ordinance, all utility lines are placed underground within the City, and the regulations included in this ordinance shall not affect such requirement. (f) Lines should be placed so that they will not interfere with ordinary travel on the street, alley or sidewalk where they are situated. The location and route of all equipment and lines shall be subject to the reasonable and proper regulation, control and direction of the Building Official of the City under appro- priate City Ordinances. SECTION 3. The passage of this ordinance shall not affect the rights and privileges of public utilities under existing franchise agreements granted by ordinance of the City of the Colony. The City of the Colony hereby expressly reserves the right to amend the require- ments of this ordinance so as to provide reasonable regulations for the operations of public utilities within the City, so long as such regulations do not violate any provision of the existing franchise agreements. SECTION 4. Every public utility company doing business within the City of the Colony is hereby assessed, as street rental, a sum equal to two per cent (2`a) of its gross revenues received from sale of its utility products from all residential, industrial, commercial, governmental and municipal business conducted within the corporate limits of the City for the preceding twelve (12) months. The first payment hereunder shall be made on the 1 day of May , 1979. It shall equal an amount of two per cent (2%) of the gross receipts received from the 1 day of January , 1978, to the _ 1 day of December , 1975; and thereafter, payments shall be made annually on May 1 SECTION 5. The amounts set forth above shall be paid and received as streets, alleys and public places rentals and is not in lieu of the usual general or special ad valorem taxes now or hereafter levied upon the real and personal property of the utility company. SECTION 6. In order to determine the gross receipts received by the company within the corporate limits, the company shall, on the same date payments are tendered, file with the City Secretary a sworn report showing the gross receipts received from the sale of its services within the corporate limits for the preceding twelve (12) month period as set out herein. SECTION 7. Should any provision, section, paragraph, sentence, clause, phrase or word of this ordinance be hE%ld or declared to be uncon- -2- stitutional or invalid by a court of competent jurisdiction, such holding or declaration shall not affect the remaining portions of this ordinance. SECTION 8. The provisions of this ordinance shall take effect immediately from and after its passage, provided, however, that the street rental charge assessed hereunder shall be effective and payable on the specific dates provided herein. DULY PASSED b_ the City Council of he City of the Colony, Texas, on the day of 1978. APPROVED AS TO FORM: CITY ATTORNEY APPROVED: -3- CITY SECRETAR