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HomeMy WebLinkAboutR2006-0115:\0ur Documents\Resolutions\06TUC adjusted Rate Resolution.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE PUBLIC UTILITY COMMISSION OF TEXAS TO SET THE ACCESS LINE RATE AT THE NEW CPI- ADJUSTED MAXIMUM RATE TO BE PAID TO THE CITY BY CERTIFICATED TELECOMMUNICATIONS PROVIDERS PURSUANT TO CHAPTER 283 OF THE TEXAS LOCAL GOVERNMENT CODE ("HB 1777"); AUTHORIZING THE CITY MANAGER TO ACCEPT FUTURE PUBLIC UTILITY COMMISSION ACCESS LINE RATE ADJUSTMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, HB 1777, Chapter 283 of the Texas Local Government Code ("Code"), established a uniform method for calculating telecommunications franchise compensation paid to municipalities by using access lines and allocating a rate per category of access line; and WHEREAS, the Public Utility Commission of Texas (PUC) has requested the City of Denton to elect if it desires to set the access line rate at the current allocation formula of $1.42 for residential access lines, $3.26 for non-residential access lines and $4.95 for point-to-point access lines or to set the access line rate at the new CPI-adjusted Maximum Rate of $1.45 for residential access lines, $3.32 for non-residential access lines and $5.04 for point-to-point access lines; and WHEREAS, the City Council finds that the access line rate should be set at the new CPI- adjusted Maximum Rate in order for the City of Denton to be fully compensated for the use of the right-of-ways by Certificated Telecommunications Providers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager or his designee is authorized to inform the Public Utility Commission by sending a copy of this Resolution to the PUC notifying the PUC pursuant to state law that the access line rate should be set at the new CPI-adjusted Maximum Rate of $1.45 for residential access lines, $3.32 for non-residential access lines and $5.04 for point-to-point access lines in order for the City of Denton to be fully compensated for the use of the right-of-ways by Certificated Telecommunications Providers. SECTION 3. The City Manager or his designee is delegated the authority and authorized to accept future PUC adjustments of access line rates under chapter 283 of the Texas Local Government Code without the necessity of further City Council action and to exercise all rights and duties of the City of Denton concerning such access line rate adjustments. SECTION 4. This Resolution shall become effective immediately upon is passage and approval by the City Council.