HomeMy WebLinkAboutOrdinances (O-88-686)-08/16/1988
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ORDINANCE NO.
0-88-686
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AN ORDINANCE WHEREBY THE CITY OF COLLEYVILLE, TEXAS, AND THE
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND THE
FRANCHISE GRANTED BY ORDINANCE NO. 1 PASSED BY THE BOARD OF
ALDERMEN OF COLLEYVILLE, TEXAS ON MARCH 16, 1956, TO REVISE
SECTION 7 OF SAID ORDINANCE PROVIDING FOR ANNUAL CASH
CONSIDERATION TO BE PAID BY SOUTHWESTERN BELL TELEPHONE
COMPANY.
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WHEREAS, the City of Colleyville, Texas, hereinafter referred
to as the "City," and Southwestern Bell Telephone
Company, hereinafter referred to as the "Telephone
company", have agreed to revise the annual gross
receipts on which the Telephone Company pays a gross
receipts fee to the City under Ordinance No. 1 passed
by the City on March 16, 1956; and;
WHEREAS, the Telephone Company has requested the City to
revise the provisions for the payment to the City as
prescribed in said section of said ordinance; and
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WHEREAS, it is to the advantage of both the City and the
Telephone Company that such payment and term should
be revised so as to provide equity in assessments to
users of telecommunications within the city limits of
the City.
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS, THAT:
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Sec. 1:
The provision for payment to the City in section 7 -
Annual Cash Consideration To Be Paid by the Telephone
Company shall be revised to read as follows:
"To indemnify the city for any and all possible
damages to its streets, alleys and public grounds
which may result from the placing and maintenance
therein or thereon of the Telephone Company's poles,
conduits, or other telephone equipment or apparatus,
and to compensate the City for its superintendence of
this agreement, and as the cash consideration for the
same, the Telephone Company agrees to pay to the City
annually during the continuance of the agreement a
sum of money equal to four percent (4%) of the annual
gross receipts for the preceding year received by the
Company from the rendition of basic and premium local
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Sec. 3 :
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exchange telephone service and nonrecurring charges
and optional auxiliary services associated with local
exchange telephone service within the corporate
limits of the city. "Basic local exchange telephone
service" means the provision by a Telephone Company
of an access line and dial tone to a fixed location
for sending and receiving telecommunications in the
Telephone Company's local exchange network.
"Premium local exchange telephone service" is an
access line and dial tone for enhanced local service,
including Multi-Line rotary, Trunks, Customer Owned
Pay Telephone, Public Announcement and 976 services.
The total sum of money paid hereunder shall not in
any event exceed the amount allowed by the Public
utility Commission of Texas as a reasonable and
necessary expense of operation for rate making
purposes. The first payment hereunder shall be made
April 15, 1989, and shall equal in amount four
percent (4%) of the gross receipts received from
September 1, 1988 to December 31, 1988; and
thereafter payment shall be made annually on April 15
as herein provided."
This agreement shall become effective September 1,
1988, and remain in force until the expiration date
of gross receipts Ordinance No.1, passed by the City
on March 16, 1956 and herein revised.
other than the language specifically set forth in
sections 1 and 2 of this Ordinance all of the terms
of the original agreement between Southwestern Bell
Telephone Company and the City of Co11eyvi11e, Texas
entered into on the 16 day of March, 1956, attached
hereto as Exhibit A and incorporated herein for all
purposes remain in full force and effect as
originally agreed to by the parties.
The Telephone Company shall have sixty (60) days from
and after the passage and approval of this ordinance
to file its written acceptance thereof with the City
Secretary, and upon such acceptance being filed, this
ordinance shall take effect and be in force from and
after the date September 1, 1988 and shall effectuate
and make binding the agreement provided by the terms
hereof.
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AND IT IS SO ORDERED.
The fi~t reading a~.~~1ic hearing being conducted on the
19+.( day of ~ ' 1988.
The~cond readin~~ >>~~lic hearing being conducted on the
0< I day of ~ ' 1988.
The tbird reading and py;1ic he~ing being conducted on the
/&-fl( day of ~~' 1988.
CITY OF COLLEYVILLE
J. Rftllfflf#
J.J ada Johnson
City Secretary
Mayor
r;o A:X'
R- ss -:lst ---= -
City Attorney
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