1999-138-RES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,

Home Browse Search

RESOLUTION NO, 99-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ESTABLISHING OF THE BASE AMOUNT FOR CALCULATING THE CITY'S TELECOMMUNICA TIONFRANCmSE COMPENSATION PURSUANT TO STA TE LAW; ALLOCATING THE BASE AMOUNT AMONG THREE CATEGORIES OF TELECOMMUNICATIONS USERS; PROVIDING FOR EXECUTION AND FILING OF FORMS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, in the past, fees paid to municipalities for the use of public right-of-way by telecommunications providers were determined by several methods such as percentage of gross revenues, fee-per-foot, flat fee, fee per line, and others; and, WHEREAS, the recent session of the 76th Texas Legislature changed the approach for compensation to municipalities in House Bill 1777, also known as Chapter 283 of the Local Government Code; and, WHEREAS, pursuant to the aforesaid House Bill 1777, all telecommunications franchises between a certificated telecommunications provider and a municipality will be based on a flat fee per access line method; and, WHEREAS, as a consequence of these legislative changes, cities are required by the Public Utility Commission and state law to report their 1998 franchise compensation (including any escalation during calendar year 1999) for the purposes of establishing a fee per access line; and, WHEREAS, municipalities are likewise required under House Bill 1777 to report an allocation formula designating a ratio or percentage of access line fees to be paid by three designated categories of telecommunication users; and, WHEREAS, those three categories of users consist of a residential category ( Category One), commercial users (Category Two), and a third special category including certain trunk line users and special users (Category Three); and, WHEREAS, the process of establishing the flat fee and allocating the fee among telecommunication users will provide consistency of charge, but at the same time will not allocate the fee on the basis of the actual cost of the service by the individual service user, thereby allowing some service users to experience a savings and some to experience an additional cost as a consequence of such across-the-board allocations; and, WHEREAS, regardless of such disparity caused by said allocation, the city is required to make such allocations or allow the State of Texas to make said allocations in lieu of a localized decision; NOW, THEREFORE,