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ORD 2001-16TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2001 - 16 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2000-11, PROVIDING FOR MEMBERSHIP ON THE UTILITY FRANCHISE COMMITTEE AND ESTABLISHING RELATED TERMS, DUTIES, AND CONDUCT FOR SAME; AND ADOPTING NEW PROVISIONS PROVIDING FOR MEMBERSHIP ON THE UTILITY FRANCHISE COMMITTEE; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR THE APPOINTMENT OF A CHAIRPERSON; PROVIDING FOR OBLIGATIONS AND DUTIES OF THE COMMITTEE; PROVIDING FOR CONDUCT OF MEETINGS; PROVIDING A CUMULATIVE REPEALER CLAUSE, PROVIDING SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the "Town") is empowered under §51.001 of the Texas Local Government Code to adopt an ordinance or rule that is for the good government of the Town; WHEREAS, market forces, technological changes, utility industry practices, and federal and state legislative and administrative body rulemaking have greatly impacted the ability of the Town of Trophy Club to maintain local control of land use decisions, town property, utility rate regulatory authority, and to preserve the town revenue streams and a meaningful role for the town as a process participant; WHEREAS, the Town of Trophy Club is the owner of the public rights-of-way located within the corporate limits of the Town; WHEREAS, it is the duty and responsibility of the members of the Town Council to see that the future operation and management of Trophy Club's public rights-of-way is conducted in the public's interest and produces the optimal benefits and contributions to the Town and its citizens; WHEREAS, it is necessary for the Town to work cooperatively with utility franchisers that do not participate in the use of public rights-of-way, such as wireless telephone and Internet providers, and therefore do not provide a revenue stream from public rights-of-way use; WHEREAS, the Town Council is hereby undertaking its obligations to its citizens and the responsibility for making a comprehensive and intelligent analysis of all utility franchising issues relating to the renewal of current franchises, approving of any new franchises and continuation of the Town's revenue streams; WHEREAS, the Town Council finds and determines that the foregoing duties and responsibilities of the Town may best be achieved through the creation and continued use of a Utilities Franchise Committee that will review utility franchises and related issues and will make recommendations to the Council; WHEREAS, on May 2, 2000, the Town enacted Ordinance No_ 2000-11, adopting provisions for membership on the Utility Franchise Committee and providing for terms of office, appointment of a Chairman, obligations and duties of the Committee, and conduct of meetings; and WHEREAS, it is the desire of the Town to repeal Ordinance No. 2000-11 in its entirety and establish new provisions for membership on the Utility Franchise Committee, terms of office, appointment of a Chairperson, obligations and duties of the Committee, and conduct of meetings. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. MEMBERSHIP The Utility Franchise Committee shall consist of five voting members to be appointed by the Town Council. Members shall serve at the pleasure of the Town Council. These members shall consist of five resident members, one Staff liaison, one Council liaison, one Public Works representative, and one Planning and Zoning representative. SECTION 2. TERMS OF OFFICE Resident members of the Utility Franchise Committee shall serve two-year terms. Three resident members shall be appointed in each odd numbered year, and two resident members shall be appointed in each even numbered year. The Staff liaison, Council liaison, Public Works representative, and Planning and Zoning representative shall be appointed each year. SECTION 3. APPOINTMENT OF CHAIRPERSON The Utility Franchise Committee shall appoint a member of the Utility Franchise Committee to serve as Chairman. SECTION 4. OBLIGATIONS AND DUTIES OF COMMITTEE The Utility Franchise Committee shall carry out for the Town Council the obligations of comprehensively investigating all issues and topics relating to the current and future management and maintenance of Trophy Club's utility franchise agreements, utility matters affecting rights-of- way and related revenue streams and shall make recommendations thereon to the Town Council of the Town of Trophy Club. The obligations and duties of the Utility Franchise Committee are set out more particularly as follows: a. Undertake a fact-finding analysis to compile and assess the relevant issues and Q:Vr0WNSECW10rdinances10rd2001\0RD 2001-16.doc 2 concerns associated with the management and maintenance of utility franchise agreements; b. Develop a recommendation regarding the most appropriate administration and enforcement of utility franchise agreements; and C, Prepare recommendations regarding the manner in which to implement new and/or renew franchise agreements and new legislation affecting utilities and rights-of-way management which allow the Town to maintain control of land use decisions and town property; maintain local rate regulatory authority and preserve Trophy Club's revenue streams to the extent the federal and state regulations allow. d. At the direction of the Town Council, the Utility Franchise Committee shall provide other advice related to Town franchise agreements and utility issues that will aid the Town Council and Staff in promoting the well-being of the Town. C. The Utility Franchise Committee shall be authorized to request and obtain the advice and professional consulting services of such consultants and professionals retained by the Town of Trophy Club as the Utility Franchise Committee shall deem necessary or useful in carrying out its purposes and obligations, subject to the prior approval of the Town Council in connection with the cost and funding of such consultants and professionals. E The Utility Franchise Committee shall be required to develop an annual budget. SECTION 5. CONDUCT OF MEETINGS The Utility Franchise Committee shall post public notice of each of its meetings, the public is invited to attend, and the Committee may receive such public input as it deems appropriate. The Committee shall maintain records of its proceedings, to be open for inspection by the public, and shall report to the Town Council as necessary. SECTION 6. CUMULATIVE, REPEALER CLAUSE This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided however, that Ordinance No. 2000-11 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 2000-11 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. Q:VrOWNSEC1A11 OrdinanceslorrL001NORD 2001-16.doc 3 SECTION 7. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION S. SAVINGS CLAUSE All rights and remedies of the Town of Trophy CIub, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinances or Resolutions of the Town affecting utility franchises, which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances or Resolution, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 9. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 10. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage as provided by Iaw, and it is so ordained. PASSED AND APPROVED this the 6°i da ATTEST: Q:1TOwNS1 CW1 Ordinances\Ord200I\ORD 200I-16.doc Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas QATOWNSECW1 Ordinances\Ord20a11ORD 2001-16.doc