HomeMy WebLinkAboutResolution No. 95-33 .� �
RESOLIITION N0. R95-33
A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, iJRGING
THE TEXAS MUNICIPAL LEAGUE TO FORMULATE A POLICY AND
PLAN OF ACTION TO PROTECT AND PRESERVE THE FRANCHISE
RIGHTS OF MUNICIPALITIES IN THE STATE LEGISLATIVE
PROCESS; ENCOURAGING THE TEXAS MiTNICIPAL LEAGUE TO
OPPOSE LEGISLATION TAAT WOULD DIMINISH MUNICIPAL RIGHTS
TO REQUIRE FRANCHISES FOR THE USE OF MITNICIPAL RIGHTS
OF WAY BY PRIVATE ENTERPRISES; AND SETTING FORTH OTHER
PROVISIONS RELATED THERETO.
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WHEREAS, cities have exclusive original jurisdiction over
their public streets and rights of way; and
WHEREAS, cities have lawful authority to require franchises
from private entities desiring to use and/or occupy the public
streets and rights of way; and
WHEREAS, City of Friendswood has diligently protected the
public interest in the value of the public rights of way by
requiring franchises from the private entities desiring to use
and/or occupy such rights of way; and
WHEREAS, recent laws have been enacted pertaining to the
telecommunications, utility, and petroleum industries that open
the door to use of the existing facilities of cities' franchisees
that have previously obtained the necessary authorization to use
the cities` public rights of way; and
WHEREAS, City of Friendswood desires to promote competition
while at the same time preserving the public's interest in the
value of its streets and rights of way; NOW, THEREFORE,
,�.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That the City Council of the City of
Friendswood hereby adopts and affirms the findings and recitals
set forth in the preamble of this Resolution.
Section 2. That the City Council hereby urges the Texas
Municipal League to formulate a policy and plan of action to
preserve and protect the rights of municipalities to require
franchises for the use of its public streets and rights of way by
private entities. The City further encourages the Texas
Municipal League to develop a position in legislative matters
that conforms to such policy and plan of action.
Section 3. That the City Council additionally requests
that the Texas Municipal League vigorously oppose legislation
that would diminish a city's right to require franchises for the
use of its public streets and rights of way by private entities.
PASSED, APPROVED, AND ADOPTED this 16th day of October 1995.
CITY OF FRIENDSWOOD, TEXAS
By: B y J
Evelyn . Newman
Mayor
ATTEST:
r
.
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Deloris McRenzie, .R.M.C.
City Secretary
KSN02JResolution 95-33 Page 2