HomeMy WebLinkAboutRES 970909-PRESOLUTION NO. 970 90 9- /D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, REQUESTING THE LEGISLATURE TO
CONSIDER THE CITY'S OWNERSHIP INTEREST IN RIGHTS-OF-WAY IN
CONDUCTING AN INTERIM STUDY REGARDING CITY'S RIGHT TO
CHARGE FOR THE USE OF RIGHTS-OF-WAY BY PRIVATE
TELECOMMUNICATION AND CABLE COMPANIES AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, municipalities own, acquire and maintain the rights-of-way which are
paid for by city taxpayers and are held in trust for the citizens of each city, according to the
laws and Constitution of the State of Texas; and
WHEREAS, the city taxpayers should not subsidize the use of public property by
private companies, thereby increasing property taxes or decreasing services; and
WHEREAS, the municipalities have valuable property rights in the rights-of-way held
in fee simple and by easement; and
WHEREAS, control of the rights-of-way is a local issue and responsibility; and
WHEREAS, the compensation for the use of the rights-of-way should not be altered
and the total value of the rights-of-way should be used in the legislature's interim study for
the franchise policy for municipalities with respect to telecommunications and cable
service; and
WHEREAS, municipal rights-of-way have many uses, such as transportation,
including the ability to provide fire and police services, the delivery of water, electricity, gas
and universal telephone services, which protect the health, safety and welfare of all
citizens; and
WHEREAS, the erosion of city rights and responsibilities over the rights-of-way will
lead to other loss of control of additional city owned infrastructure and interference with the
other right-of-way uses; and
WHEREAS, loss of compensation for use of rights-of-way, coupled with the
possibility of lost revenues from electric deregulation could result in a total loss of 20%-
30% or more of a municipally owned electric city's general revenue; and
WHEREAS, the loss of 20%-30% or more of general revenues for municipally
owned electric cities would be devastating to the cities; and
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WHEREAS, the Texas Constitution prohibits the legislature from requiring
municipalities to lend credit or anything of value to any entity, prohibits forgiveness of debt
and prohibits cities from giving gifts; and
WHEREAS, these private companies have elected to use public rights-of-way rather
than purchase private property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this resolution implements Finance Policy 4 of the Century Plan - Policy Plan
Element, which states: "The City shall develop a strategy to provide sufficient financial
resources for both short term and long term needs" and Utilities and Energy Policy 6 of the
Century Plan - Policy Plan Element, which states: "The City will monitor the development
of franchised utilities that provide adequate services for all citizens"; and further finds that
the adoption of this resolution is not inconsistent or in conflict. with any other Century Plan
Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2. The City of Georgetown hereby asks the legislature to preserve the
rights of the citizens and taxpayers of the State of Texas as held in trust by Texas cities
by protecting the way in which cities have been compensated for the use of municipalities
rights-of-way and that the property interests of Texas taxpayers and rental value of the
rights-of-way and the interests of Texas citizens be the guiding consideration in the interim
study and existing agreements between cities and entities using the rights-of-way be
honored.
SECTION 3. To accomplish these goals, the City of Georgetown is working with
statewide organizations such as the Texas Municipal League, Texas Coalition of Cities for
Franchised Utility Issues and Texas Association of Telecommunications Officers and
Advisors which desire to participate in this interim study to present the perspective of cities
and their citizens and to work to achieve these common goals during the next legislative
session.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this day of September, 1997.
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ATTE ;T:
'Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
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THE CITY OF GEORGETOWN:
1�i
By: LEO WOOD
Mayor