Loading...
HomeMy WebLinkAboutOrdinances (O-88-686)-08/16/1988 10 11 12 13 14 15 1 ~ 7 -/1-0 41;'~' 2 ORDINANCE NO. 0-88-686 3 4 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. 5 6 7 8 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 9 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: 17 18 19 20 21 22 23 24 25 26 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 1 O-f!-~f~ 1 2 3 4 5 6 7 8 II 9 10 11 'I 12 13 Sec. 2 : 14 15 Sec. 3 : 16 17 18 19 20 Sec. 4: 21 22 23 24 25 26 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. 2 I 0-9f-~J'& 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 3