Ordinance No. 8,116Published in The Baytown Sun:
Wednesday, October 29, 1997, and
Thursday, October 30, 1997.
ORDINANCE NO. 8116
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AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, 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.," SUBSECTIONS
(A) AND (B) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, 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.,"
Subsections (a) and (b) of Code of Ordinances of the City of Baytown, Texas, is hereby amended
to read as follows:
CHAPTER 26 STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 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 "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 1446c -0, or public utilities as
defined in Vernon Annotated Texas Statutes Article 1446c -0, 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, supervision, and use charge in an amount equal to five percent (5 %)
of the gross revenues 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 thirty -first of each year, beginning March
31, 1992, and shall be an amount equal to five percent (5 %) of the said gross receipts of such
person or entity for the calendar year ending December thirty-first of the next preceding year.
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
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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 provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the 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.
S
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City
of Baytown, this the 23" day of October, 1997.
1.
PETE C. ALFAIfO, Mayor
ATTEST:
e�
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
a. �'?- a"- e 0 � � �
ACIO RAMIREZ, SR., ity Attorney
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