ORD 2000-11LIIO-117-� IRA "IR
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2000- 11
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING AND REPLACING ORDINANCE NO. 1999-29; PROVIDING
FOR MEMBERSHIP ON THE UTILITY FRANCHISE COMMITTEE;
PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR A
CHAIRMAN; PROVIDING FOR OBLIGATIONS AND DUTIES OF THE
COMMITTEE; PROVIDING FOR CONDUCT OF MEETINGS;
PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF
THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING THAT THIS
ORDINANCE SHALL REPEAL ORDINANCE 1999-29; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas ("Trophy Club") is empowered under
§S 1.001 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 malting a comprehensive and intelligent analysis of all utility
franchising issues relating to the renewal of current franchises, approving of any new franchises
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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.
MEMBERSHIP
The Utility Franchise Committee shall consist of ten members to be appointed by the
Town Council. Said members shall serve at the pleasure of the Town Council. These members
shall consist of six resident members, one staff liaison, one council liaison, one Public Works
representative, and one Planning and Zoning representative.
CF.CTInN 7
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 three 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.
CHAIRMAN
The Utility Franchise Committee shall appoint a member of the Utility Franchise
Cormnittee 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 and maize 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
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
TOWN OF TROPHY CLUB ORDINANCE - Page 2 of 5
C. Prepare recommendations 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.
e. 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.
f. The Utility Franchise Committee shall be required to develop an annual budget
for said Committees.
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.
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
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 7.
CUMULATIVE, REPEALER CLAUSE
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
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of the provisions of said Ordinances except those instances where are direct conflict with the
provisions of this Ordinance; provided, however, that Ordinance 1999-29 of the Town shall be
and is hereby repealed.
SECTION S.
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 fiill force and effect.
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, 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.
law.
SECTION 10.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage as provided by
AND IT IS SO ORDAINED
PASSED AND APPROVED this the 2nd day of May , 2000.
APPROVED:
ayor
ATTE
Town of Trophy Club, Texas
T'
i
o•,vr3:.cretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
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own rn y
Town of Trophy Club, Texas
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