Ordinance No. 6,094Published In: THE BAYTOWN SUN
Wednesday, December 18, 1991 911212 -6
Thursday, December 19, 1991
ORDINANCE N0. 6094
AN ORDINANCE AMENDING CHAPTER 26, "STREETS AND
SIDEWALKS ", ARTICLE I "IN GENERAL", SECTION 26 -11 "USE
OF STREETS, RIGHTS -OF -WAY, ALLEYS, ETC., AS AVENUES FOR
POLE -LINES WIRES, CABLES, PIPES, ETC." BY PROVIDING FOR
AN ANNUAL RENTAL FEE OF FOUR PERCENT (4 %) OF GROSS
RECEIPTS TO BE CHARGED TO ANY PERSON OPERATING A
COMMUNITY ANTENNA TELEVISION SERVICE, CABLE
COMMUNICATION SYSTEM, TELECOMMUNICATIONS UTILITY, PUBLIC
UTILITY, OR OTHER SERVICE OR PRODUCT DELIVERY REQUIRING
THE USE OF POLE - LINES, WIRES, CABLES, PIPES OR OTHER
PHYSICAL DISTRIBUTION FACILITIES REQUIRING THE USE OF
THE STREETS, RIGHTS -OF -WAY, EASEMENTS, ALLEYS, PARKS, OR
OTHER PUBLIC PROPERTY WITHIN THE CITY OF BAYTOWN, UNLESS
SUCH SERVICE, SYSTEM, PRODUCT, OR UTILITY IS OPERATING
UNDER A PROPERLY EXECUTED AND APPROVED FRANCHISE
AGREEMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
WHEREAS, the use of the streets and other public ways of the
City of Baytown for the purpose of operating any community
antenna television service, cable communications system,
telecommunications utility or public utility or is a valuable
resource; and
WHEREAS, the city personnel are required for safety reasons
to inspect and supervise the installation and use of pole lines,
wires, cables, pipes or other physical distribution facilities
necessary for the delivery of such services, systems, products,
or utilities; and
WHEREAS, the City Council of the City of Baytown, Texas,
finds that it would be in the public interest to charge such
operators a fee for the use of such public ways and streets; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN7
TEXAS:
Section 1: That Chapter 26 "Streets and Sidewalks ", Article
I "In General ", Section 26 -11 "Use of streets, rights -of -way,
alleys, etc., as avenues for pole -lines wires, cables, pipes,
etc. ", is hereby amended to read as follows:
Section 26 -11 Use of streets, rights -of -way, alleys,
etc., as avenues for pole -lines wires,
cables, pipes, etc.
(a) Hereafter any person, firm, partnership,
association or corporation or other entity
(hereinafter referred to, all inclusively, as
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"Person or entity ") including but not limited
to operators of a community antenna television
service, cable communication system,
telecommunications utility as defined in Vernon
Annotated Texas Statutes article 1446(c),
section 3 (c) (2A) , or public utilities as
defined in Vernon Annotated Texas Statutes
article 1446(c), using the streets, rights -of-
way, easements, alleys, parks or other public
property within the city as avenues for pole
lines wires, cables, pipes or other physical
distribution facilities of similar nature for
the rendition of the service of or delivery of
the product sold by such person or entity shall
pay to the city an annual inspection and
supervision charge in an amount equal to four
percent (4 %) of the gross receipts of such
person or entity received by him or it from the
rendition of such service or sale of such
product within the corporate limits of the
city.
(b) Such payments shall be made on or before March
31 of each year, beginning March 31, 1992, and
shall be an amount equal to four percent (4%)
of the said gross receipts of such person or
entity for the calendar year ending December 31
of the next preceding year.
(c) All such persons and entities as any use
distribution facilities strung upon poles along
such streets, rights -of -way, easements, alleys,
parks or other public property within the
corporate limits of Baytown are herby required
to cooperate with each other through the media
of joint usage agreements, pole attachments
agreements, leases of facilities or other
agreement to avoid duplication and
proliferation of poles.
(d) Nothing provided in this section shall be
construed as a surrender by the city of any of
its police power to regulate and control the
use of its streets, alleys and other public
places as provided by its charter and the laws
of the State of Texas. This section is not
intended and shall not grant or convey any
rights, whatsoever, to any person or entity to
use the public properties of Baytown without
the express consent of the City Council.
(e) Should any provision of this section conflict
with the terms and provisions of any franchise
now in effect or hereafter granted by the city,
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the terms and provisions of such franchise
shall be controlling.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 3: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 12th day of
December, 1991.
(YMETT O. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
NACIO RAMIREZ, S ., City Attorney
C: 1:79:17
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