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�
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