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HomeMy WebLinkAbout2015-3647 - Ordinance - 03/26/2015 ORDINANCE NO. 2015-3647 AN ORDINANCE AMENDING CHAPTER 11, "UTILITIES", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A NEW SECTION 13, "LEASE OF CITY FIBER OPTIC CABLE FACILITIES"; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of College Station is authorized under TEXAS UTLITIES CODE,Chapter 54, to lease any excess capacity of its Fiber Optic Cable Facilities, so long as the rental of said Facilities is done on a nondiscriminatory, nonpreferential basis; and WHEREAS,the City Council of the City of College Station has determined that rental of the City's excess capacity of its Fiber Optic Cable Facilities fulfills a public purpose by providing a financial benefit to the public from the City's long-term investment in the Fiber Optic Cable Facilities;now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, "UTILITIES", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance,which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. /NILAA PASSED, ADOPTED and APPROVED this !U' day of C,h 2015. APPROVED: YO G+ MA ATTEST: (7M/414A)-- City Secreta ORDINANCE NO. 2015-3647 Page 2 APPROVED: If . / A /i/l/r%/i ity ttorney ORDINANCE NO. 2015-3647 Page 3 EXHIBIT "A" That Chapter 11, "UTILITIES", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding SECTION 13: "LEASE OF FIBER OPTIC CABLE FACILITIES" as set out hereafter to read as follows: SECTION 13: LEASE OF CITY FIBER OPTIC CABLE FACILITIES A. AUTHORITY (1) Authority to develop and negotiate lease of city-owned fiber optic cable or city- owned conduit (referred to hereafter as"Fiber Optic Cable Facilities") (a) The City of College Station may lease to private entities to the extent permitted by state law Chose Fiber Optic Cable Facilities that have been installed for purpose of use as a conduit for fiber optic cable only where such Fiber Optic Cable Facilities: (1) are determined by the City Manager to be surplus to the immediate and foreseeable needs of the City, and (2) are not included in the City's electric Transmission Cost of Service (TCOS). (b) The City Manager or his designee is authorized to negotiate the lease of Fiber Optic Cable Facilities. (c) The City Manager will adopt procedures for administering the City's lease of Fiber Optic Cable Facilities. (d) The City Manager will determine the availability of Fiber Optic Cable Facilities for lease. (2) The City Council and individual Council Members, either individually or as employees of a private entity, are prohibited from leasing Fiber Optic Cable Facilities. (3) The City Manager will issue a report on the status of lease agreements for Fiber Optic Cable Facilities to the City Council on at least an annual basis. (4) Other Provisions. ORDINANCE NO. 2015-3647 Page 4 (a) Lease of Fiber Optic Cable Facilities under this section does not relieve the lessee from complying with the provisions of all other Ordinances, including Chapter 3, Section 3-2, "Right of Way Maintenance" of the Code of Ordinances, City of College Station, Texas.