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Res 95-03 Authorizing Participation with Other GTE Cities in an Effort to Draft and Negotiate a Municipal Franchise OrdinanceTOWN OF WESTLAKE RESOLUTION NO. 95-3 A RESOLUTION AUTHORIZING THE TOWN OF WESTLAKE'S PARTICIPATION WITH OTHER GTE CITIES IN AN EFFORT TO DRAFT AND NEGOTIATE A MUNICIPAL FRANCHISE ORDINANCE WHICH IS IN THE BEST INTEREST OF THE RATEPAYERS LOCATED WITHIN THE MUNICIPAL BOUNDARIES OF THE TOWN. WHEREAS, the Town of Westlake (the Town) is concerned that the proposed franchise ordinance as presented to the Town by GTE would not properly compensate the Town for the use of its streets, right-of-ways, alleys and other public property; and WHEREAS, the Town is aware that many cities located within the service territory of GTE Southwest, Inc. or Contel of Texas, Inc. (GTE) have serious concerns about the proposed ordinance; and WHEREAS, a number of cities located within the GTE service territories have joined together as a Steering Committee to work on a franchise ordinance which is fair to the cities; and WHEREAS, the Town does not wish to waive or eliminate any rights related to the failure to be properly compensated for franchise payments under the current GTE franchise ordinance without knowing whether GTE has fully paid these franchise fees; and WHEREAS, the Town believes that the Steering Committee will have resources and expertise available to it that otherwise would be unavailable to the Town; and WHEREAS, the Steering Committee has recommended that the Law Offices of Jim Boyle be retained to assist it in working toward a resolution of outstanding franchise agreement issues. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Town agrees to participate with the Franchise Ordinance Steering Committee of GTEIContel Cities. Section 2. The Town designates the Town's attorney, Paul C. Isham, whose address and telephone number are Paul C. Isham, Esq., 317 College, Grand Prairie, Texas 75050, telephone number (214) 237-8025, to act as its authorized representative in working with the Steering Committee. Section 3. The Town authorizes the expenditure of up to 5 cents for each individual residing within its corporate limits based upon the population figure included in the TML Directory of Texas City Officials for 1994-2995 to the Steering Committee in order to obtain a GTE franchise ordinance which is fair to the Town and to the ratepayers who reside within its municipal boundaries. -Section 4. The Town joins with the other cities in hiring the Law Offices of Jim Boyle to assist the Steering Committee in drafting, negotiating and resolving any outstanding GTE franchise agreement issues. Section 5. No expenditures are authorized to be made by the Steering Committee unless at least twenty (20) cities have first agreed to participate on a similar basis with the Steering Committee. Section b. The Town may withdraw from the Steering Committee at any time upon giving thirty days notice. 2 ADOPTED by the Board of Aldermen of the Town this 11th day of September, 1995. Scott Bradley, Mayor ATTEST: Carol Callier, Deputy Town Secretary