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ORD 1999-29TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 1999-29 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, CREATING A UTILITY FRANCHISE COMMITTEE; REPEALING AND REPLACING RESOLUTION NO. 1999-07, AUTHORIZING THE CREATION OF A UTILITY FRANCHISE TASK FORCE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR OBLIGATIONS AND DUTIES OF THE COMMITTEE; PROVIDING FOR CONDUCT OF MEETINGS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A CHAIRMAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL REPEAL RESOLUTION 1999-07; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas ("Trophy Chub") 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; and WHEREAS, the Town of Trophy Club is the owner of the public rights-of-way located within the corporate limits of the Town 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 wireless telephone 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 snaking a comprehensive and intelligent analysis of all utility TOWN OF TROPHY CLUB ORDINANCE - Page 1 of 5 utility.doc 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 ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; SECTION 1. CREATION OF UTILITY FRANCHISE COMMITTEE The Town Council of the Town of Trophy Club, Texas does hereby order the abolition of the Utility Franchise Task Force and create in its place the Utility Franchise Connnittee. SECTION 2. MEMBERSHIP The Utility Franchise Committee shall consist of nine members to be appointed by the Town Council. Said members shall serve at the pleasure of the Town Council. These members shall consist of five resident members, one staff liaison, one council liaison, ane Public Works Committee representative, and one Planning and Zoning Commission representative. SECTION 3. 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 4. CHAIRMAN The Utility Franchise Connnittee shall appoint a member of the Utility Franchise Committee to serve as Chairman. SECTION 5. 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 and make recornmendations 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: TOWN OF TROPHY CLUB ORDINANCE - Page 2 of 5 utility, doc 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 reconnnendations regarding the manner in which to implement new and/or renew franchise agreements 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 that will aid the Town Council and Staff in promoting the well-being of the Town. C. The Utility Franchise Connmittee 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. f. The Utility Franchise Committee shall be required to develop an annual budget for said Committee. SECTION 6. 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 Connnittee shall maintain records of its proceedings, to be open for inspection by the public, and shall report to the Town Council as necessary. SECTION 7. SAVINGS CLAUSE 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 Ordinances or Resolutions of the Town affecting utility franchises, which have secured at the time of the effective date of this Ordinance; and, as TOWN OF TROPHY CLUB ORDINANCE - Page 3 of 5 utility.doc 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 S. CUMULATIVE REPEALER CLAUSE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of said Ordinances except those instances where are direct conflict with the provisions of this Ordinance; provided, however, that Resolution 1999-07 of the Town shall be and is hereby repealed, but provided that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Resolution 1999-07 on the date of adoption of this Ordinance shall continue to be governed by the provisions of the said Resolution and for that purpose the said Resolution shall remain in filll force and effect. SECTION 9. 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 10. 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, Publication Clause 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. TOWN OF TROPHY CLUB ORDINANCE - Page 4 of 5 utllity.doc SECTION 11. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage as provided by law. AND IT IS SO ORDAINED PASSED AND APPROVED this the 7th day of December, 1999, APPROVED: %,AJV Mayor Town of Trophy Club, Texas ATTEST: To it Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas TOWN OF TROPHY CLUB ORDINANCE - Page 5 of 5 utility.doc