HomeMy WebLinkAboutResolution No. 97-18 ORIGINAL
RESOLUTION NO. 97-18
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS URGING THE LEGISLATURE TO
PROTECT THE WAY IN WHICH CITIES HAVE BEEN
COMPENSATED FOR THE USE OF MUNICIPALITIES
RIGHTS-OF-WAY; AND DECLARING 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 rights-of-way is a local issue and responsibility; and
WHEREAS, the compensation for the use of rights-of-way should not be altered and the
total value of the fights-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 has 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 protects 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 los of control of additional city owned infrastructure and interference with the other
right-of-way uses;
WHEREAS, loss of compensation for use of right-of-way would result in a loss of
$963,344.00 for the City of the Colony (which is 13 percent of the City's general fund budget)
and would require a property tax increase of 17.6 percent to replace; and
WHEREAS, the Texas Constitution prohibits the Legislature from requiring municipalities
to lend its 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 right-of-way rather than
purchase property; and
NOW, THEREFORE, BE IT HEREBY RESOLVED THAT:
Section 1. The City Council of the City of The Colony, Texas asks that 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 way in which cities have been compensated for the use of municipalities
rights-of-way and that the property interest of Texas taxpayers and rental value of the rights-of-
way and the interests of Texas citizens by the guiding consideration in the interim study and
existing agreements between cities and entities using the rights-of-way be honored.
Section 2. to accomplish these goals, the City of The Colony is working with the
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 in effect mediately up it passage.
PASSED AND APPROVED this 15th day of September, 1997.
APp~VED:
Mary Blair ~tts, M~or
Pa~i A. Hic~, TRMC, City Secrem~