HomeMy WebLinkAbout021910 RES - 04/05/1994RESOLUTION
EXPRESSING THE STRONG OPPOSITION OF THE CITY OF CORPUS
CHRISTI TO H.R. 3636 AND ANY OTHER LEGISLATION WHICH
WOULD RESTRICT THE RIGHT OF LOCAL GOVERNMENTS TO REQUIRE
FRANCHISES OR TO CHARGE FRANCHISE FEES FOR THE USE OF
THEIR PUBLIC STREETS, EASEMENTS, AND PROPERTY BY
TELEPHONE COMPANIES ENGAGING IN THE CABLE TELEVISION
BUSINESS
WHEREAS, H.R. 3636, proposed in the United States Congress,
would allow telephone companies to enter the cable television
market without a local franchise; and
WHEREAS, franchises are necessary for cities to serve their
historic role of controlling their streets and public property for
the benefit of the public, and are necessary for cities to have a
meaningful role in administering unique local aspects of the
"information superhighway"; and
WHEREAS, franchises will not slow development of the
"information superhighway"; and
WHEREAS, H.R. 3636 would limit any fee charged for the use of
city streets, easements, and property by a telephone company
providing cable service to an amount less than the obligation for
cable companies providing the same service; and
WHEREAS, cities have great investments in their public streets
and ways and are obligated to charge a reasonable rental fee for
use thereof; and
WHEREAS, the City of Corpus Christi in a franchise recently
negotiated with its local telephone company expressly reserved its
right to require a separate franchise should the company ever
desire to engage in the cable television business; and
WHEREAS, while there should be no federal restriction on local
franchise fees, if one is adopted, it should not unfairly favor
telephone companies by permitting a fee less than that charged
cable companies; and
WHEREAS, street use fees in the Corpus Christi general fund
budget presently provide twelve percent of the general fund
revenues which support police, fire, and other services vital to
the public health and welfare; and
WHEREAS, any federal law restricting local government from
charging a reasonable street rental under state law for the use of
public property is a mandated local subsidy for private use of
public property; and
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WHEREAS, no additional federal mandates should usurp local
authority; and
WHEREAS, if a federal policy is thought by Congress to be
necessary in this area, it should only be enacted along with
legislation permanently appropriating money to local governments to
replace all revenues denied to them by the federal policy; and
WHEREAS, many financial problems of local government today are
directly caused by federally mandated costs, and no additional
federal policies should be enacted which limit the ability of local
government to support local needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City of Corpus Christi is strongly and
unequivocally opposed to portions of H.R. 3636 and any other
legislation which in any way restrict municipal authority to
require franchises for use of public streets, easements, and ways
for the business of cable television or for any other business or
which restrict municipal authority to charge franchise fees in
accordance with state law.
SECTION 2. The City Secretary is directed to send a copy of
this resolution to the President of the United States, Senator Phil
Gramm, Senator Kay Bailey Hutchison, Congressman Solomon Ortiz, and
to other legislators, public officials, and interested persons; and
City Council and staff members are authorized to communicate with
all appropriate persons in behalf of the policy expressed in this
resolution.
ATTEST:
APPROVED: ? DAY OF
Ap ;1
JAMES R. BRAY, JR., CITY ATTORNEY
By
Cit
Ighaqttorney
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MAYOR
TH CI "SOF CORPUS CHRISTI
, 19en_
Corpus Christi, Texas
day of
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19 9"y
The above resolution was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
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