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Regular Council Meeting August 28, 2017 Page 5 million dollars in the two budgets, and the retirees had been left out for ten years. Council Member Trenado asked Mr. Godwin if he knew of any businesses that guaranteed their employees a COLA after retiring. Mr. Godwin said he could not answer that question about the private sector. Council Member Portugal said she really wanted to help the retirees and referenced her husband retirement early and that he did not get anything paid toward his insurance. Council Member Portugal said she also retired and works part-time. She said she knew it was tough, because her insurance was going to double. Council Member Drake said she had already made up her mind before tonight, but she had changed it. She referenced family members and friends who had retired from the City. A Motion to not include the COLA in the budget was made by Mayor Clifford and seconded by Council Member Trenado. Motion carried, 5 ayes — I nay, with Council Member Drake casting the dissenting vote. 15. Discuss and act on ORDINANCE NO. 2017-033: AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 29, STREETS, SIDEWALKS, AND OTHER PUBLIC PROPERTY," OF THE CODE OF ORDINANCES, CITY OF PARIS, TEXAS, TO ADD ARTICLE VI TO CHAPTER 29 REGARDING WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. City Attorney Stephanie Harris explained that SB 1004 goes into effect September 1, 2017 as new Texas Local Government Code Chapter 284. She further explained that prior to the effective date, cities could charge franchise fees to wireless providers who wanted to install equipment in the rights-of-way or prohibit wireless providers from doing so altogether. Ms. Harris said Chapter 284 mandates that wireless infrastructure and service providers have access to the public rights-of-way to locate their facilities without negotiating franchise agreements or paying franchise fees. In order for the City to regulate the proliferation of small cell wireless facilities, Ms. Harris said Council must pass an ordinance prior to the effective date. Council Member Knox confirmed with Ms. Harris that the ordinance provided for enforcement. A Motion to approve this item was made by Mayor Clifford and seconded by Council Member Knox. Motion carried, 6 ayes — 0 nays. 16. Consider and possibly approve appointment by city attorney of a contract prosecutor pursuant to City of Paris, Texas Charter Sec. 28. Ms. Harris said the current contract prosecutor Zach Ressler had resigned effective the end of this month and local attorney Chris Fitzgerald had agreed to undertake the limited prosecutorial duties. Ms. Harris explained this was on a part-time basis.