HomeMy WebLinkAboutResolution No. 97-35 RESOLUTION NO. R9 7-�5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, EXPRESSING THE IMPORTANCE OF
MAINTAII�TING MUNICIPAL CONTROL OF RIGHTS-OF-WAY AND
UTILITY EASEMENTS; MAKING CERTAIN FINDINGS; AND
PROVIDING OTHER MATTERS RELATING TO THE SUBJECT.
* * * * *
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's 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, 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
francliise 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 protects the health, safety and welfare of all citizens;
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;
FW D/RIGHT-0E-W AY.RES/O8/27/97
WHEREAS, loss of compensation for use of right-of-way would result in a loss of
$761,000 for the City of Friendswood, which is 8.4 percent of the City's general
fund budget, and would require a property tax increase of 12,9 percent to replace;
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;
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 FRIENDSWOOD, STATE
OF TEXAS:
Section 1. The City of Friendswood, Texas, asks that 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 right-of-way be honored.
Section 2. To accomplish these goals, the City of Friendswood, Texas, is working
with state-wide 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.
FW D/RIGHT-OF-W AY.RES/08l27/97 2
PASSED, APPROVED, AND RESOLVED this 6th day of
October , 1997.
�,��._....
Harold L. Whitaker
Mayor
ATTEST
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Deloris McKenzie, TRMC
City Secretary
FW D/RIGHT-OF-W AY.RES/08/27/97 3