1997-112-RES WHEREAS, MUICIPALITIES OWN, ACQUIRE AND MAINTAIN THE RIGHTS-OF-WAY WHICH ARE PAID FOR BY COP

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I , .., . . RESOLUTION NO. 97-112 WHEREAS, municipalities own, acquire, and maintain the rights-of-way which are paid for by city taxpayers and are held in tmst for the citizens of each city according to the laws and the Constitution of the State of Texas; and, WHEREAS, the city 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, control of the rights-of-way is a local issue and responsibility; 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 franchise 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; and, WHEREAS, the erosion of city rights and responsibilities over the rights-of-way will lead to other loss of control of additional city-owned infrastmcture and interference with the other rights-of-way uses; and, WHEREAS, loss of compensation for use of rights-of-way would result in a loss of $2,292,980.00 for the City of Paris, which is 13.61 % of the City's general fund budget and would require a property tax increase to the current rate of 51.05 % to replace; and, 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; and, WHEREAS, these private companies have elected to use public rights-of-way rather than purchase property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that: Section 1. The City of Paris asks the 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 that the existing agreements between cities and entities using the rights-of-way be honored. Section 2. To accomplish these goals, the City of Paris is working with statewide organizations such as the Texas Municipal League, Texas Coalition of Cities for