(A) General provisions.
(1) Short title. This section shall be known and may be cited as the “Utility and Street Rental Ordinance of the Town of Holiday Lakes, Texas”.
(2) Definitions and rules of construction. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Public Utility Regulatory Act (Tex. Utilities Code, Chapter 11), as the same now exists or may hereafter be amended.
COUNCIL. The Town Council of the Town of Holiday Lakes, Texas.
OTHER BUSINESS. Any person other than a utility engaged in any commercial activity for profit.
PERSON. Any natural person as well as partnerships, joint ventures, corporations or any other entity recognized by the laws of the state as capable of owning property, except the state, or any political subdivision thereof.
TOWN. The Town of Holiday Lakes, Texas.
UTILITY. Any person now or hereafter owning or operating for compensation in this state equipment or facilities for:
1. Producing, generating, transmitting, distributing, selling or furnishing electricity;
2. Transmitting or distributing combustible hydrocarbon natural or synthetic natural gas for sale or resale;
3. Transmitting, storing, distributing, selling or furnishing of potable water to the public or for resale to the public for any use; or
4. The conveyance, transmission or reception of communications over a telephone system.
(3) Other remedies reserved. The town hereby expressly reserves any and all administrative or civil remedies available to it under the provisions of the Act or any other provisions of the Constitution and laws of the state.
(4) Savings clause. This section shall not be affected by any resolution, order or ordinance hereafter adopted granting a franchise to any utility or other business or relating to the rates charged by or any standards, classifications, regulations or practices required to be followed by any utility or other business and all such resolutions, orders and ordinances shall be cumulative of and in addition to this ordinance.
(B) Street rental.
(1) Report required. Every utility or other business using with its poles, wires, conduits, pipes or other tangible personal property (including, but not being limited to, vehicles) the streets, easements, alleys and other public ways and places within the corporate limits of the town shall file with the Secretary of the town not later than May 1 of each calendar year, a sworn report showing the gross receipts from the business conducted by such utility or other business within the corporate limits of the town for the period which begins on April 1 of the preceding calendar year and which will end on the last day of March of the then current calendar year.
(2) Examination of books and records. The Town Council may when it sees fit have the books and records of any utility or other business rendering the report required by division (B)(1) above examined by an attorney at law or certified public accountant, or both, retained by the town but nothing in this section shall be construed to prevent the town from ascertaining the facts by any other method.
(3) Annual rental required; credit for franchise payments; rental not tax.
(a) On May 1 each and every calendar year, every utility or other business for the privilege of using with their poles, wires, conduits, pipes and other tangible property (including, but not limited to, vehicles) the streets, easements, alleys and other public ways and places of the town shall, as a condition to such further use, pay to the town annually for such privilege a rental equal to 2% of the gross receipts received by such utility or other business from its business conducted within the corporate limits of the town for the period which begins on April 1 of the preceding calendar year and which will end on March 31 of the then current calendar year.
(b) Every utility or other business making any payments pursuant to the terms of any franchise hereafter granted by the Town Council shall be entitled to have any such franchise payments credited against the annual street rental payments required by division (B)(3)(a) above to be paid for the same period of time.
(c) The rental for the privilege of using the streets, easements, alleys and other public ways and places within the corporate limits of the town established by division (B)(3)(a) above is not charged as a tax but is made for the privilege now enjoyed and to be enjoyed by utilities and other businesses using the streets, easements, alleys and other public ways and places of the town in the conduct of their respective businesses; and such charges are in addition to all ad valorem and other taxes and lawful assessments of every nature whatsoever against such utilities or other businesses.
(4) Issuance of receipt and effect thereof; not franchise; duty of utilities; cancellation of privilege.
(a) Upon receipt of the above rental, the Secretary of the town shall deliver to the utility or other business a receipt for such rental, which said receipt shall authorize such utility or other business to use and occupy the streets, easements, alleys and other public ways of the town in the conduct of their respective businesses for the next 12 consecutive months beginning on April 1 of the calendar year in which such rental is paid.
(b) This section does not grant a franchise to any utility or other business and shall never be construed as such by the courts of this state or otherwise.
(c) Any utility or other business using or occupying the streets, easements, alleys and other public ways and places of the town with its poles, wires, conduits, pipes or other tangible personal property (including, but not limited to, vehicles) shall, after using, installing, maintaining or removing any poles, wires, conduits, pipes or other tangible personal property, as the case may be, have the duty to repair and place such streets, easements, alleys and other public ways and places in as good condition as they were in prior to such use, installation, maintenance or removal.
(d) The town hereby reserves the right to cancel at any time the privileges hereby granted with respect to any utility or other business upon the affirmative vote of a majority of the members of the Town Council taken at any regular or special meeting thereof after notice and an opportunity to be heard has been afforded such utility or other business; provided, however, where the effective date of such cancellation occurs during the 12-month period for which such utility or other business has theretofore paid the rental fee prescribed by division (B)(3)(a) above, the pro rata portion of such rental for the remainder of such period shall be refunded by the Secretary to such utility or other business unless such rental was only credited as a result of a franchise payment pursuant to the provisions of division (B)(3)(b) above.
(Ord. 82-12, passed 3-30-1982)