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ARTICLE IX. - ANNUAL REPORTS MADE TO THE CITY BY UTILITIES, PUBLIC SERVICE PROVIDERS AND ENTITIES HAVING A FRANCHISE OR LICENSE TO USE THE CITY STREETS AND RIGHTS-OF-WAY

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Footnotes:

--- (10) --- Editor's note— See editor's note, art. III.

Sec. 2-241. - Annual report required.#

Each franchise holder, public utility, public service provider or proprietary enterprise operating in the city and required to have a franchise, license or permit from the city to use the public streets, property and right-of-way, shall submit a sworn annual report to the city secretary. The report shall include the receipts from the operation of the public utility, public service or proprietary enterprise within the city for the then most recent fiscal year of the company for which an audit or final report has been issued; the report shall include the revenues and receipts from all sources, the amount of expenditures, including amounts for improvements, and the rates, charges or fares for services rendered to the public in the city.

(Ord. No. 2003-21, § 1, 11-25-03)

Sec. 2-242. - Audit.#

The annual report shall have been audited or reviewed by an independent certified public accountant whose report shall accompany the statement, and who shall certify that the statement and report is in accordance with applicable generally accepted accounting practices.

(Ord. No. 2003-21, § 2, 11-25-03)

Sec. 2-243. - Filing time.#

Each such franchise holder, public utility, public service or proprietary enterprise operating in the city may separately establish with the city the due date for their respective annual report. The due date may be scheduled to coincide with the regular fiscal year and audit of the entity; provided that each such legal entity shall file an annual report on or before December 30, 2004, and shall thereafter annually file with the city secretary a current annual report for its prior fiscal year.

(Ord. No. 2003-21, § 3, 11-25-03)

Sec. 2-244. - Notice and review.#

(a)

A notice shall be given to the city council when each such annual report is filed with the city.

(b)

The city secretary shall forward a copy of this article to each franchise holder, public utility, public service provider or proprietary enterprise operating in the city and required to have a franchise, license or permit from the city to use the public streets, property and right-of-way.

(Ord. No. 2003-21, § 4, 11-25-03)

Sec. 2-245. - Exceptions.#

The following shall be exceptions to the terms and provisions of this article: (1)

Telephone and telecommunications companies that are exempted by state law from the requirement of having a franchise or license issued by the city, are not subject to this article; and

(2)

Federal law provides that the city does not have the authority to establish the rates, fees and charges for cable television service, and annual reports filed by a cable television company shall not be subject to the requirements of subsection 2-244(b) above.

(Ord. No. 2003-21, § 5, 11-25-03)

Sec. 2-246. - Penalty.#

Any franchise holder, public utility, public service or proprietary enterprise operating in the city who fails or refuses to file a report in compliance with the requirements of this article, or that violates any of the provisions of this article, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00.

(Ord. No. 2003-21, § 6, 11-25-03)

Secs. 2-247—2-270. - Reserved.#