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HomeMy WebLinkAboutCP 78 p C�[ Ott Hmu MMOUEM J di A1101 is's imp, =2 POLICY PROPOSAL DATE FILE NUMBER SUBJECT Proposed Amendment to Article PAGE 1 OF_ 1181, Vernon's Texas Civil Statutes, 12/3/80 CP-78 -Relating to Franchise ections PROPOSAL PROPOSED BY: Councilmen C"ANAGER'S R VIEW Bert Williams, Bob Bolen Cable Study Committee Background In 1913, the Texas Legislature enacted a statute (Article 1181, V.T.C.S.) which pro- vides that if, at any time, before an ordinance granting a franchise takes effect, a petition signed by five hundred qualified voters is presented, a governing authority must submit the question of granting such franchise to a vote of all qualified electors. Recently, this outmoded law has been used by an unsuccessful bidder in Arlington to force a special election on the question of awarding a cable franchise. This action followed an extensive and costly competitive bidding process. The City of Dallas presently is confronted with a similar situation whereby only five hundred signatures on a petition may delay indefinitely the construction of a cable system. Most charters of Some Rule cities in Texas have provisions for petitioning initiative and referendum processes. The Fort Worth City Charter (Chapters XX and XXI) provides that at least twenty per cent of the registered voters must sign a petition to force initiative and referendum issues. Recommendation The City Council Cable Study Committee recommends that the City Council adopt as a legislative policy a position of seeking an amendment to Article 1181, at the earliest possible date, to require that petitions on franchise referendums contain signatures of twenty (20) per cent of the qualified voters of the city. Legality Not applicable. Fiscal Note Not applicable. City Manager's Comments APPROVED BY Not applicable. CITY COUNCIL DEC 3J 19W LEGALITY FISCAL NOTE (� Ct earatsry of tha CITY MANAGER'S COMMENTS ® c e! port worth, TvW A BILL TO BE ENTITLED AN ACT relating to the number of signatures needed to submit the granting of a franchise to a vote pursuant to the provisions of Article 1181, Vernon's Texas Civil Statutes; and declaring an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter , Acts of the Legislature, 1913 (Article 1181, Vernon's Texas Civil Statutes) , is amended to read as follows: "No charter or any amendment thereof framed or adopted under this charter, shall ever grant to any person, firm or corporation any right or franchise to use or occupy the public streets, avenues, alleys or grounds of any such city, but the governing au- thority of any such city shall have the exclusive power and authority to make any such grant of any such franchise or right to use and occupy the public streets, avenues, alleys, and grounds of the city. If, at any time, before any ordinance granting a franchise takes effect, a petition shall be submit- ted to the governing authority signed by twenty (20) percent (five-hundred) of the bona fide qualified voters of the city, then the governing body shall submit the question of granting such franchise to a vote of the qualified electors of the city at the next succeeding (general) election date as set forth in the Texas Election Code, Chapter Two, Article 2.O1b, as amended." SECTION 2. The importance of this legislation and the crowded conditions of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule re- quiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.