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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 7 021452 1 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