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14 • Regular AgendaCity of Pearland (Brazoria County)

C. The Commission discussed potential changes to Article 9. Franchises

Presented in: Charter Review Commission Meeting - May 21 2025 on 2025-05-21
Meeting Agenda PDF

Official Roll-Call Vote

Expands Gov't • 2.8/10 Impact Weight
PASSED (8 - 0)
“Motion on C. The Commission discussed potential changes to Article 9. Franchises”
QW
Quentin Wiltz
Mayor (At-Large)
YES
JK
Joseph Koza
Councilmember, Position 1 (Position 1)
YES
TE
Tommy Echols
Councilmember, Position 2 (Position 2)
YES
MC
Mona Chavarria
Councilmember, Position 3 (Position 3)
YES
CB
Clint Byrom
Councilmember, Position 4 (Position 4)
YES
LC
Layni Cade
Councilmember, Position 5 (Position 5)
YES
RF
Rick Fernandez
Councilmember, Position 6 (Position 6)
YES
RP
Rushi Patel
Councilmember, Position 7 (Position 7)
YES

Staff Report & Agenda Item Details

and Public Utilities. a. Section 9.01 – Powers of the city. b. Section 9.02 – Power to grant franchise. c. Section 9.03 – Grant not to be exclusive. d. Section 9.04 – Ordinances granting franchise. e. Section 9.05 – Transfer of franchise. f. Section 9.06 – Franchise value not to be allowed. g. Section 9.07 – Right of regulation. h. Section 9.08 – Regulation of rates. i. Section 9.09 – Municipally owned utilities. j. Section 9.10 – Sales of municipal services. No changes were recommended to Section 9.01 through 9.10, except Section 9.04. The Commission recommends that Section 9.04 be amended by: Inserting “in compliance with state law.” In reference to publication requirements, such as those involving newspaper notices Commissioner Johnson and Commissioner Spiegelhauer discussed Section 9.10 regarding the sale of water outside City limits. City Attorney’s will research existing policy and applicable state law regarding the current procedures for water rates. A recommendation concerning the resale of water and appropriate safeguards or parameters (“bumpers” or “guardrails”) to govern such sales to customers outside the City limits may be included in the Charter Review Report.

Bastiat Liberty & Property Rights Analysis

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 2.8/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).