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,
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I WHEREAS,
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I WHEREAS,
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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:
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I Sec. 4:
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II Sec. 5:
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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
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Je n Harris, CMC
City Secretary
Richard Newton
Mayor
~VED AS TO FORM AND LEGALITY:
f1~ .
I Ross T. Foster
I City Attorney