Ordinance No. 8,764991123 -2
ORDINANCE NO. 8764
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, 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; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, H.B. 1777, codified as Chapter 283 of the Texas Local Government Code,
governs the relationship between municipalities and certificated telecommunication providers;
and
WHEREAS, Chapter 283 of the Texas Local Government Code establishes the method to
calculate the municipal fee "base amount" of compensation to be paid to municipalities by
certificated telecommunication providers; and
WHEREAS, in determining a compensation level for the use of the public rights -of -way
by certificated telecommunication providers that is fair and equitable, the Council has
considered:
➢ the historic level of compensation received;
➢ the actual and projected percentage of growth in revenue from the compensation
model in the existing telecommunication ordinance; and,
➢ annual growth in number of lines.
WHEREAS, the Council finds that the base amount level established herein fairly
compensates the City for certificated telecommunication providers' use of the public rights -of-
way, and will be applied in a competitively neutral and non - discriminatory manner; and
WHEREAS, H.B. 1777 requires all municipalities to report their base amounts and
allocation decision to the Public Utility Commission of Texas ( "PUC ") on or before December 1,
1999; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS:
Section l: That in accordance with Chapter 283 of the Texas Local Government
Code, the City Council has calculated that THREE HUNDRED SEVENTY -EIGHT
THOUSAND FIVE HUNDRED THIRTY -FIVE AND NO /100 DOLLARS ($378,535.00) is the
appropriate base amount of compensation for certificated telecommunication providers' use of
the public rights -of -way, which shall be filed with the PUC.
Section 2: That according to the allocation information received from the certificated
telecommunication providers, the City Manager is authorized to determine the allocation of the
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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 3: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 23`d day of November, 1999.
ATTEST: ?-
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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PETE C. ALFARO, Mayor
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