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HomeMy WebLinkAboutRES 1999-055 RESOLUTION NO. 99-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS IMPLEMENIING THE REQUIREMENTS OF CHAPTER 283 OF THE TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING THE ACCEPTANCE AND FILING OF THE BASE AMOUNT AND ALLOCATION OF THE BASE AMOUNT WITH THE PUBLIC UTILITY COMMISSION OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION 1. FINDINGS AND PURPOSE A. House Bill 1777, codified as Chapter 283 of the Texas Local Government Code, took effect on September 1, 1999. That statute governs the relationship between municipalities and certificated telecommunication providers. B. Texas Local Government Code, Chapter 283 establishes the method to calculate the municipal fee "base amount" of compensation to be paid to municipalities by certificated telecommunication providers. C. In determining a compensation level for the use of the public rights-of-way by certificated telecommunication providers that is fair and equitable, the Council has considered: 1. the historic level of compensation received; 2. the actual and projected percentage of growth in revenue from the compensation model in the existing telecommunication ordinance; and, 3. annual growth in number of lines. D. The Council finds that the base amount level established in SECTION 2. of this ordinance fairly compensates the City by certificated telecommunication providers for their use of the public rights-of-way, and will be applied in a competitively neutral and non-discriminatory manner. SECTION 2. In accordance with Chapter 283 of the Local Government Code, the City Council has calculated $545,000 as the estimated base amount of compensation for certificated telecommunication providers' use of the public rights-of-way, which shall - be filed with the Public Utility Commission ("PUC"). SECTION 3. When the allocation information becomes available on or after November 15, 1999, the City Manager is authorized to determine the allocation of the �� municipal fee base amount among the three access line categories, as established by the PUC, and shall file the allocation no later than December 1, 1999. To the extent it is reasonably calculable, the allocation to Category 1 residential customers shall be substantially similar to the current allocation of municipal fees to that category of customers. SECTION 4. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of November, 1999. APPROVED: � � Ted R. Ware Mayor Pro Tem ATTEST: � i a Huff , City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. � City Attorney g� RES. NO. 99-55 2