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1999-081L RESOLUTION NO. 99-81 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ACCEPTANCE AND FILING OF THE BASE AMOUNT OF REVENUES FROM THE CITY'S TELECOMMUNICATIONS PROVIDERS AND ALLOCATION OF THE BASE AMOUNT WITH THE PUBLIC UTILITY COMMISSION OF TEXAS; PROVIDING AN EFFECTIVE DATE. Section 1. Findings and Purpose. A. HB 1777, 76`s Legislature, codified as Chapter 283 of the Texas Local Government Code, took effect on September 1, 1999. That statute governs the relationship between municipalities and certificated telecommunications providers. B. Chapter 283 establishes the method to calculate the municipal fee "base amount" of compensation to be paid to municipalities by certificated telecommunication providers. C. In determining a compensation level for the use of the public rights of way by certificated telecommunication providers that is fair and equitable, the Council has considered: 1) the historic level of compensation received; 2) the actual and projected percentage of growth in revenue from the compensation model in the existing telecommunication ordinance; and, 3) annual growth in number of lines. D. The Council finds that the base amount level established in Section 2 of this Resolution fairly compensates the City by certificated telecommunication providers for their use of the public rights-of-way, and will be applied in a competitively neutral and non-discriminatory manner. Section 2. Base Amount. In accordance with Chapter 283 of the Local Government Code, the City Council has calculated $ 230,902 as the base amount of compensation for certificated telecommunication providers' use of the public rights of way, which amount shall be filed with the Public Utility Commission ("PUC"). Section 3. Allocation of Base Amount. Use the Public Utility Commission state average allocation per access line. Section 4. Effective Date. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE / . DAY OF ,1999. Rick Siacy, Mayor ATTEST: aItu I I I! r//,/,, F S O UT O,. iA. 9 Sandra L. LeGrand, City Secretary = m mnm o`` NO D -CM % 870155