HomeMy WebLinkAboutCity Council Resolutions (R-97-1321)-09/16/1997
RESOLUTION. R-97 -1321
A RESOLUTION SUPPORTING LEGISLATION TO
PRESERVE THE RIGHTS OF THE CITIZENS AND
TAXPAYERS OF THE STATE OF TEXAS AS HELD IN
TRUST BY TEXAS CITIES BY PROTECTING THE USE OF
MUNICIPALITIES RIGHTS-OF-WAY
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 i
fee simple and by easement; and I
WHEREAS, control of the rights-of-way is a local issue and responsibility; and !
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WHEREAS, the compensation for the use of the rights-of-way should not be altered andl
the total value of the rights-of-way should be used in the legislature's interiml
study for the franchise policy for municipalities with respect tol
telecommunications and cable service; and j
WHEREAS,
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municipal rights-of-way has many uses, such as transportation, including th~
ability to provide fire and police services, the delivery of water, electricity,1
gas and universal telephone services, which protects the health, safety an~
welfare of all citizens; and I
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the erosion of city rights and responsibilities over the rights-of-way willlea~
to other loss of control of additional city owned infrastructure an~
interference with the other right-of-way uses; and i
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the loss of compensation for use of right-of-way would result in a loss o~
$984,566 for the City of Colleyville, which is 12.20 percent of the CityJ~
general fund budget, and would require a property tax increase of 19.1 ~
percent to replace; and I
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WHEREAS,
WHEREAS,
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WHEREAS, the Texas Constitution prohibits the Legislature from requiring municipalities
to lend its credit or anything else 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 right-of-way rather than
purchase property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City of Colleyville 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 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 i
citizens be the guiding consideration in the interim study and existing i
agreements between cities and entities using the right-of-way be honored. I
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Sec. 2.
THAT in order to accomplish these goals, the City of Colleyville is working I
with the statewide organizations such as the Texas Municipal Legal, Texas I
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 I
work to achieve these common goals during the next legislative session. i
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abstentions on this thel
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AND IT IS SO RESOLVED.
pastid by a vote of ~ ayes, 0 nays, and 0
It? day of 6e.pfp _ if I 1997.
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Richard Newton
Mayor
J n Harris, TRMC, CMC
City Secretary