HomeMy WebLinkAboutRes 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.
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ADOPTED by the Board of Aldermen of the Town this 11th day of September, 1995.
Scott Bradley, Mayor
ATTEST:
Carol Callier, Deputy Town Secretary