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HomeMy WebLinkAboutOrdinances (O-98-1118)-09/15/1998 ORDINANCE 0-98-1118 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 I CURRENT FRANCHISE EXTENSION OF ORDINANCE 0-98-1096 WHEREAS, I WHEREAS, I I WHEREAS, I I WHEREAS, I WHEREAS, 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 the initial term of Ordinance 0-92-877 was for five years from the effective date of that ordinance; and 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 0-98-1096 extended the Ordinance through Septem ber 30, 1998; and 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 telecommunications rights-of-way ordinances, including this extension ordinance, that will apply to all telecom munication companies in a competitively neutral manner; and the City and SWBT desire to extend the term of Ordinance 0-92-877, for an addition al three month period ending Decem ber 31, 1998 in order to complete negotiations with all interested telecomm unications companies, including SWBT, to develop appropriate ordinance or ordinances to govern the use and occupancy of the public Rights-of-Way; and 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: II The City and SWBT have agreed and do hereby agree as follows: Sec 1: In accordance with Section 4 of Ordinance 0-92-877, the term of that Ordinance is extended through December 31, 1998. Sec. 2: I I I I Sec. 3: I I I I Sec. 4: I I I I II Sec. 5: II I I The City and SWBT commit to continue working diligently with each other and with the other telecommunication companies interested in doing business within the City to achieve the goal of developing just as quickly as possible a new City Ordinance that is in full compliance with all applicable state and federal legal standards and is acceptable to the City and telecommunication companies who have expressed an interest in use of the rights-of-way in the City. The City and SWBT agree that if a new ordinance is enacted prior to the expiration of this extension ordinance, the new ordinance shall supersede this extension ordinance just as soon as is practical. 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. 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. is; Tps"f~t~bi~ and, public hearing being conducted on the _ day of 1998. T~e second reading and publiC hearing being conducted on the .IS'" day of ,---~Pp+~~/ , 1998. ATTEST: JJ~ CITY OF COLLEYVI LLE ~~ Je n Harris, CMC City Secretary Richard Newton Mayor ~VED AS TO FORM AND LEGALITY: f1~ . I Ross T. Foster I City Attorney