HomeMy WebLinkAboutOrdinances (O-98-1128)-12/15/1998
ORDINANCE 0-98-1128
AN ORDINANCE WHEREBY THE CITY OF COLLEYVILLE AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE 0-92-877, AS
AMENDED BY ORDINANCE 0-93-896, AND TO PROVIDE AN AMENDMENT TO THE
CURRENT FRANCHISE EXTENSION OF ORDINANCE 0-98-1118
WHEREAS, on September 1, 1992, the City passed Ordinance 0-92-877, as amended
by Ordinance 0-93-896, passed on April 6, 1993 governing Southwestern
Bell Telephone's (SWBT) use and occupancy of the public Rights-of-Way
of the City and establishing compensation for that use and occupancy; and
WHEREAS, the initial term of Ordinance 0-92-877 was for five years from the effective
date of that Ordinance; and
WHEREAS, Section 4 of Ordinance 0-92-877 permits the parties to extend the term of
the Ordinance at the expiration of the initial period by mutual written
agreement and Ordinance 0-98-1118 extended the Ordinance through
December 31, 1998; and
WHEREAS, both the City and SWBT have been working during the term of the
extension on a new City ordinance to establish a reasonable and non-
discriminatory compensation arrangement for the use of public rights-of-way
that will displace all existing telecomm unications rights-of-way ordinances,
including this extension ordinance, that will apply to all telecommunications
companies in a competitively neutral manner and the new
telecommunications ordinance requires completion of a mutual consent
agreement; and
WHEREAS, the City and SWBT desire to extend the term of Ordinance 0-92-877, for
an additional three month period ending March 31, 1999 in order to allow
SWBT to complete all information required under the master
telecommunications ordinance; and
WHEREAS, in accordance with the City Charter and all other applicable laws, a majority
of the City Council of the City of Colleyville, Texas has approved this
Agreement and authorize the undersigned representative to execute this
agreement.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVI LLE, TEXAS:
The City and SWBT have agreed and do hereby agree as follows:
Sec. 1.
THAT in accordance with Section 4 of Ordinance 0-92-877, the term of that
Ordinance is extended through March 31, 1999.
Ordinance 0-98-1128
Page 2 of 2
Sec. 2,
THAT either party shall have the right to terminate this agreement upon
giving written notice to the other of the intent to terminate no less than thirty
days before the effective date of termination.
Sec. 3,
THAT the City shall deliver a properly certified copy of this Ordinance to
SWBT within three (3) working days of its final passage. SWBT shall,
within thirty (30) days of the approval of this Ordinance, file in the Office of
the City Secretary, a written instrument of acceptance signed and
acknowledged by a duly certified officer. Upon filing of the acceptance, this
Ordinance shall become effective. In the event such acceptance is not filed
within thirty (30) days after passage of this Ordinance, this Ordinance shall
terminate and become null and void.
AND IT IS SO ORDERED.
1):)e first reading and public hearing being conducted on the L day of
Jlt e t~ U" . 1998,
1;/:le second reading and public hearing being conducted on the ~ day of
11/ e.un1 t( . 1998.
ATTEST:
Q:z; L~~
City Secretary
CITY OF COLLEYVILLE
latiM
Richard Newton
Mayor