ORD 2002-14TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 - 14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING AN ADJUSTMENT TO THE MAXIMUM ACCESS LINE
RATES OF CERTIFICATED TELECOMMUNICATIONS CARRIERS BY
INCREASING THE RATE TO AN AMOUNT EQUAL TO ONE-HALF (1/2)
THE ANNUAL CHANGE IN THE CONSUMER PRICE INDEX FOR THE
YEAR 2001 PURSUANT TO CHAPTER 283 OF THE LOCAL
GOVERNMENT CODE; PROVIDING FOR CONSIDERATION OF FUTURE
ADJUSTMENTS; PROVIDING FOR AUTHORIZATION OF TOWN
DESIGNEE TO IMPLEMENT SUCH RATE ADJUSTMENT; PROVIDING A
CUMULATIVE CLAUSE, PROVIDING FOR SAVINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PUBLICATION; 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, the Town is compensated for the use of the public right-of-way by
Certificated Telecommunications Carriers ("CTPs") using access line rates paid by residential,
business, and point-to-point customers to CTPs, who subsequently compensate the Town;
WHEREAS, Pursuant to Chapter 283 of the Local Government Code, the Public Utilities
Commission (the "PUC") is required to adjust the maximum access line rates for the Town by an
amount equal to one-half ('/z) the annual change in the Consumer Price Index (the "CPI") for the
year 2001.
WHEREAS, a determination has been made by the PUC, based on information obtained
from the Federal Bureau of Labor Statistics, that one-half ('/z) the annual change in CP.I for 2001
is 1.15%d. Therefore, the maximum access line rates for all Texas towns and cities have been
increased by 1.15%, with such increase being implemented no later than July 1, 2002;
WHEREAS, the access line rates will be revised March of each year hereafter depending
on whether the CPI has changed for the previous year, and consideration will be given by the
Town accordingly;
WHEREAS, the Town Council of the Town of Trophy Club, Texas, hereby determines
that it is in the best interest of the Town and is for the good government of the people to adjust
the maximum access line rates for the Town as provided for by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREAMBLE
The above and foregoing preamble is incorporated into the body of this Ordinance as if
copied herein in its entirety.
SECTION 2.
APPROVAL OFACCESS LINE
RATE ADJUSTMENT
The 1.15% increase to the maximum access line rates of Certificated
Telecommunications Carriers ("CTPs") for the Town of Trophy Club, Texas, as assessed by the
Public Utilities Commission (the "PUC") pursuant to and as required by Chapter 283 of the
Local Government Code, is hereby approved. The authorization form for the Town, attached
hereto and incorporated herein as Exhibit "A", allocates the new maximum adjusted rates for
residential, business and point-to-point customers, which amount is equal to one-half (1/z) the
annual change in the Consumer Price Index (the ,CPI,) for the year 2001. Such maximum
adjusted rates shall be implemented no later than July 1, 2002, with Town's compensation at the
new rate beginning with the third (3rd) calendar quarter of year 2002.
SECTION 3.
FUTURE ADJUSTMENTS
The PUC shall revise the access line rates each year during the month of March,
depending on whether the CPI has changed for the previous year, and shall notify the Town
accordingly of any adjustments to be considered.
SECTION 4.
AUTHORITY TO EXECUTE DOCUMENTS
IMPLEMENTING ADJUSTED MAXIMUM ACCESS LINE RATES
The Mayor of the Town of Trophy Club, or his designee, is hereby authorized to execute
any authorization form or other document as required by the PUC to implement the adjusted
maximum access line rates for the Town as set forth in this Ordinance.
SECTION 5.
CUMULATIVE CLAUSE
That this Ordinance shall be cumulative of all provisions of other Ordinances and shall not
repeal any of the provisions of said Ordinances except those instances where they are in direct
conflict with the provisions of this Ordinance, in which event the conflicting provisions of such
Ordinances are hereby repealed.
SECTION 6.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance adjustments to access line rates 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 same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7.
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or work 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 portions of
the Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION S.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 9.
ENGROSSMENT AND ENROLLNIENT
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 in the minutes of the Town
Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
EFFECTIVE DATE
That this Ordinance shall become effective from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 15th day of April, 2002.
ATTEST:
Town Secret'qry
Town of Trophy Crub, Texas
[SEAL]
EFFECTIVE DATE: April ?4, '?00?
APPROVED AS TO FORM:
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Town Attorney
Town of Trophy Club, Texas