HomeMy WebLinkAbout021452 ORD - 08/11/1992AN ORDINANCE
ESTABLISHING STREET RENTAL FEES FOR PUBLIC
UTILITIES UTILIZING CITY STREETS OR PROPERTY
WITHOUT A FRANCHISE AGREEMENT; PROVIDING FOR
SEVERABILITY AND PUBLICATION.
WHEREAS, no public utility may use City streets, ways, or other property
without reasonable compensation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Chapter 49, Streets and Sidewalks, Article IV, Charges for
use of rights of way, of the Corpus Christi Code of Ordinances is hereby amended by adding
a new Section 49-70, Street rental fees for public utilities, to read as follows:
Sec. 49-70. Street rental fees for public utilities.
That in addition to all taxes and other charges, there is hereby levied a rental
fee for the use of streets, alleys, highways, easements and all other grounds
of the City against all persons, firms or corporations having any pipes, mains,
conductors, or other facilities in any public ways, streets, alleys, utility
easements or other grounds, or water within the city limits of the City of
Corpus Christi as a part of a public utility system. Said charge shall be based
on all revenues from telecommunications, communications services, electricity,
water, gas, cable television, or other utility service and all other services
related thereto within the city limits including directory advertising. Said fee
is payable for each and every calendar year. Such payments shall be made to
the City Manager by January 31 of the succeeding year with verified
statements showing the amount of such gross receipts for the respective year,
and shall accrue interest until paid at the annual rate of 10%, or the highest
rate permitted by law, whichever is less. A reasonable charge for the rental
fee aforesaid is hereby determined to be four (4) percent of the gross receipts
from the above described services of such utility within the City of Corpus
Christi, and is hereby levied in that amount. In the event this rental fee is by
law prohibited, or restricted to a lower rate than is hereby levied, then the
rate is hereby fixed at the highest rate permitted by law to be levied by the
City. Any such public utility shall be liable for the payment of the rental fee
hereby levied unless a different rate of payment or other consideration is
provided by written agreement with the City. Nothing herein shall autl„r�� uGII
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021452
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any public utility to operate within the City without a franchise agreement,
nor prevent the City from enjoining such activity.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
ORD4: 91166 2
7
.'hat the foregoing ordinance was read for the first time and passed to its second reading or
the / day of —t , 19 , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
/4'
Edward A. Martin ,_i'/
Joe McComb
Dr. David McNichols
Clif Moss /UV.
Mary Pat Slavik
(7' -
That the foregoing ordinance was read for the second time and passed to its third reading on
this the '' day of , 19 r/ Z, by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing o dinance was read for the third time and passed finally on this the / I
day of Li/UO { )JYt , 19 C 2 - , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
PASSED AND APPROVED, this the
City Secretary
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
day of , 1982
APPROVED: 17 DAY OF v v (y , Dena:
JAMES R. BRAY, JR., CITY ATTORNEY
•
By .41
044
, A9ietffiit City Attorney
021452
OF CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #42321
PO #
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 012452 which the annexed is
a true copy, was published in the Corpus Christi Caller -Times on
the 17th day of August, 1992.
One Time(s)
$ 34.80
c arm.,
us>, ess Office cretary
Subscribed and sworn to before me this 27th day of
August, 1992.
L.
Notary Public, Nueces County, Texas
7
K;ATHSf'ON 1_ 1'n?;,fdFK
G._sry PUL..ilc
My Cram.
new, a irr, ,,,,.,tsroawr-4
NOTICE OP PASSAGE OF
ORDINANCE NO. 021452 I
AMENDIN'i THE CODE OF
ORDINANCES, CHAPTER 49,1
STREETS AND SIDEWALKS,
ARTICLE IV. CHARGES FOR :
USE OF RIGHTS-OF-WAY, IS
AMENDED BY ADDING A
NEW SECTION 49-70,
STREET RENTAL FEES FOR
PUBLIC UTILITIES UTILIZING
CITY STREETS OR PROPER-
TY WITHOUT A FRANCHISE
AGREEMENT; PROVIDING
FOR SEVERABILITY AND
a Tha.'A by he Ch
d tha City of
a
3r
10
Corpus Christi OO the 11th
day M Augusts 15112.
/s/ ArmMNo Chap..
City Secretary
City of Corpus Christi