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HomeMy WebLinkAbout1994-166U WPDOMORMTREET.REN ORDINANCE NO. Q K715P AN ORDINANCE ESTABLISHING A STREET RENTAL FEE, TO BE TRANSFERRED FROM THE ELECTRIC FUND REVENUES TO THE GENERAL FUND OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sec. 12.03(a) of the City's Charter provides that the City Council shall fund all necessary expenses of operation and maintenance of the utility systems; and WHEREAS, Sections 13.02 and 13.03 of the City's Charter pro- vide that the City Council shall have the power and right to col- lect from every public utility operating in the City, a reasonable sum as compensation for the right and privilege enjoyed, as the Council may determine by ordinance or contract with such utility; and WHEREAS, the City's Electric Utility is an enterprise function and public utility of the City of Denton; and WHEREAS, the Electric Utility utilizes and occupies the streets and rights -of -way of the City to provide utility service to the citizens of Denton; and WHEREAS, it is customary that electric utilities compensate the cities which they serve for the right to utilize and occupy the City's streets and rights -of -way as a street rental, or franchise fee; and WHEREAS, the Public Utility Board has recommended that the Electric Utility System pay a fee equal to one percent of the electric utilities gross revenues as payment for use of the City streets and rights of way; and WHEREAS, the City Council finds that it is a necessary and proper expense of the operation and maintenance of the Electric System to compensate the City's General Fund for the use of the City's streets and rights of way in the amount of one percent of the System's gross revenues; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council adopts the findings set forth in the preamble hereof. SECTION II. That the City Manager is hereby authorized to transfer a sum equal to one percent of the gross revenues of the City's Electric Utility Fund to the City's General Fund as com- pensation for the use and occupancy of the City's streets and rights -of -way. SECTION III. That this ordinance shall take effect on October 1, 1994. PASSED AND APPROVED this the Z5L' day of J1994. CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY l BY: 191'1112��Y Page 2