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RESOLUTION NO. L
(Series of 1996)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASJPEN, COLORADO,
EXPRESSING ITS oPPOSmONTO LEGISLATION THAT WOULD LIMIT THE POWERS
OF MUNICIPALITIES TO PLACE CONDITIONS ON THE USE OF PUBLIC RIGHTS-OF-
WAY OR PROHIBITING MUNICIPALITIES FROM CHARGING RIGHT-OF-WAY FEES
BASED ON A PERCENTAGE OF TELECOMMUNICATION SERVICE PROVIDERS'
REVENUES.
WHEREAS, the Colorado General Assembly is considering legislation which would limit
the powers of municipalities to place conditions on the use of public rights-of-ways and prohibit
municipalities from charging telecommunication service providers fees based on a percentage
of the providers' revenues; and
WHEREAS, the City of Aspen has franchise agreements with U.S. West and Tel
Cablevision of Central Colorado which require these telecommunication service providers to pay
:_ a fee for the use of the public rights-of-way based on a percentage of their revenues; and
WHEREAS, the revenues generated by these aforementioned franchise agreements
provide needed revenues to the City of Aspen, to among other things, maintain the public rights-
of-ways and substantially finance the cost of public access cablevision services to the residents
of the City of Aspen; and
WHEREAS, the aforementioned franchise agreements require the telecommunication
service providers to provide other in-kind services that would not otherwise be available to the
Aspen community; and
WHEREAS, the City Council of the City of Aspen is not opposed to competition in the
telecommunication industry and has always maintained a competitively neutral stance in
negotiating franchise agreements with telecommunication service providers; and
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WHEREAS, the City Council desires to communicate its opinion to its state elected
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representative regarding these matters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
The City Council of the City of Aspen opposes any legislation by the Colorado General
Assembly which limits the powers of municipalities to place conditions on the use of public
rights-of-ways or which prohibit municipalities from charging right-of-way fees based on a
percentage of telecommunication service providers' revenues.
Section 2
The City Council of the City of Aspen respectfully urges its eleeted officials to vote
against Senate Bill No. 96-10 or any other similar legislation.
Section 3
The City Clerk is hereby directed to forward this resolution to the City's elected
representatives in the Colorado General Assembly and to otherwise disseminate copies of this
resolution to the public at large as appropriate.
D~cd, ~~ 23 , 1996.
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John S. Bennett, Mayor
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I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held (}UL-U7 a2, 1996.
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ch, City Clerk