RES 1999-07RESOLUTION 1999-07
REPEALED
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ORDINANCE NO. 1999-29
RESOLUTION NO. 1999-07
A RESOLUTION AUTHORIZING THE CREATION
OF A UTILTY FRANCHISE TASK FORCE TO SET
STANDARDS AND PROCEDURES FOR UTILITY
FRANCHISING WITHIN THE TOWN OF TROPHY
CLUB; NAMING MEMBERS TO THIS TASK
FORCE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, market forces, technological changes, utility industry practices, and
federal and state legislative and administrative body rulemaking have greatly impacted
the ability 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; and
WHEREAS, it is imperative that the Town stay informed in these matters to
protect the interest of the Town and the public; and
WHEREAS, the Town of Trophy Club, ("Trophy Club") is the owner of the
public rights-of-way located within the city limits of Trophy Club; and
WHEREAS, it is the duty and responsibility of the members of the Trophy Club
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 Trophy Club and its citizens; and
WHEREAS, it is necessary for Trophy Club to work cooperatively with utility
franchisers that do not participate in the use of public rights-of-way, such as the wireless
and internet providers, and therefore do not provide a revenue stream from public rights-
of-way use; and
WHEREAS, the Trophy Club 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 Trophy Club's revenue
streams;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF ' •'CLUB,
Section 1. That the Town of Trophy Club shall create a special task force to 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, and that it makes recommendations thereon to the Town
Council of the Town of Trophy Club, all as set out more particularly as follows:
Section 2. Name: The Task Force provided for herein shall be known as The
Trophy Club Utility Franchise Task Force, and may hereafter referred to as "the Task
Force."
Section 3. Members. The Task Force shall consist of n/a voting members
to be named by the Town Council of the Town of Trophy Club as follows:
a. One member of the Town Council
b. One member of the Town Staff
C. n/a individuals each of whom is a resident of Trophy Club who has
a particular interest or experience in the issues of utility franchises.
d. n/a members of the public works committee who will handle the
overall maintenance and management of the agreements
e. Legal Counsel
Section 4. Chairman: The Council Liaison shall serve as Chairman of the Task
Force; in the absence of the Council Liaison, a member of the Task Force will be
appointed by the Council Liaison to serve as Chairman pro -tem.
Section S. Purpose: The Task Force shall:
a. Undertake a fact-finding analysis to compile and assess the relevant issues
and 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 which allows the City to maintain
control of land use decisions and city property; maintain local rate
regulatory authority and preserve Trophy Club's revenue streams to the
extent the federal and state regulations allow.
Section 6. Consultant/Professional Support: The Task Force 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 Task Force 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.
Section 7. Final Report and Related Documents: The Task Force shall
summarize and set forth the results of its fact-finding analysis and shall present such
information, together with its conclusions and recommendations, to the Town Council for
review and comment and thereafter, shall produce a final report. The Task Force's
Final Report shall be accompanied by all other documents which the Task Force
recommends in order to implement and carry out the conclusions and recommendations
contained in such Final Report.
7. Calendar: The Trophy Club Utility Franchise Agreement Task Force
will strive, to the best of its ability, to conclude its investigation and analysis and produce
and deliver its Final Report, together with all related documents concerning
implementation, on or before (no date menti nned;) .• Copies of the Task Force's Final
Report shall be delivered to the members of the Town Council for their consideration and
appropriate action.
8. Conduct of Meetings: The Task Force shall post public notice of each of
its meetings, the public is invited to attend and the Task Force may receive such public
input as it deems appropriate. The Town Council reserves to itself the right to conduct
any public hearings, if deemed necessary, to be held in connection with the Final Report
on the future of Trophy Club's franchise utility agreements.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 6 Yh day of April 1999.
Mayor, Town of Trophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
i
1
T wn Attorney
Town of Trophy Club, Texas