HomeMy WebLinkAboutOrdinances (O-98-1096)-05/05/1998
ORDINANCE 0-98-1096
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, TO REPEAL ORDINANCE 0-98-1089, AND TO I
PROVIDE AN AMENDMENT TO THE CURRENT FRANCHISE AGREEMENT
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
I 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
WHEREAS, certain telecommunications companies may be interested in providing
telecommunications services within the City in competition with the services
provided by SWBT; and
WHEREAS, both the City and SWBT recognize the need for a new City ordinance to be
developed just as quickly as possible 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 telecommunication
companies in a competitively neutral manner; and
WHEREAS, the City and SWBT desire to extend the term of Ordinance 0-92-877, for
a period not to exceed nine months in order to allow the City time 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 to repeal Ordinance
0-98-1089, which amended 0-92-877 and provided for a longer extension
period; and
I 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
COLLEYVILLE, TEXAS:
The City and SWBT have agreed and do hereby agree as follows:
Sec 1:
Sec. 2:
Sec. 3:
Sec. 4:
Sec. 5:
In accordance with Section 4 of Ordinance 0-92-877, the term of that
Ordinance is extended through Septem ber 30, 1998 and Ordinance 0-98-
1089 is repealed.
The City and SWBT commit to work diligently with each other and with the
other telecommunication companies interested in doing business within the
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 term ination.
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.
The first reading and public hearing being conducted on the ~ I sf day of
Anr, I . 1998.
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The second reading and public hearing being conducted on the .5 tjr day of
~ 1998.
JJ~
J ' n Harris, CMC
City Secretary
CITY OF COLLEYVILLE
'l2u (lMs-..
Richard Newton
Mayor
AF;D AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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Robert Burton, CPA
Area Manager-
Municipal AlTairs
Southwestern Bell Telephone
Three Bell Plaza, Room 1110.A2
Dallas, Texas 75202
Phone 214 464-4051
Fax 214 464-5838
@ Southwestern Bell
June 15, 1998
The Honorable Richard Newton
Mayor
City of COLLEYVILLE
5400 Bransford RD.
Colleyville, Texas 76034
Dear Mayor Newton:
Attached are two originals of Southwestern Bell Telephone Company's signed
acceptance of the amending Ordinance 0-98-1096. This ordinance was passed by the
City ofColleyville on May 5, 1998 and became effective on January 1, 1998.
After the filing date has been noted by the City Secretary, one original countersigned
acceptance document should be returned to me for filing with Southwestern Bell
Telephone's official records. A self-addressed envelope is also attached for your
convenience.
Please feel free to contact me if there are any questions.
Sincerely,
PI#il/t) dtl/$L
Attachments .
CC: Gary Terry
ACCEPTANCE
WHEREAS, the City ofColleyville, Texas did on the 5th day of May, 1998 enact
Ordinance Number 0-98-1096 entitled:
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, TO
REPEAL ORDINANCE 0-98-1089, AND TO PROVIDE AN AMENDMENT
TO THE CURRENT FRANCHISE AGREEMENT
and WHEREAS, said Ordinance was on the 5th day of May, 1998, duly approved
by the Mayor and City Council of said City and the Seal of said City was thereto affixed
and attested by the City Secretary:
NOW, THEREFORE, in compliance with the terms of said Ordinance as
enacted, approved and attested, the Southwestern Bell Telephone Company hereby
accepts said Ordinance and files this its written acceptance with the City Secretary of the
City of Colleyville, Texas in her Office.
Dated this /d 11- day of J()f}v ,1911.
SOUTHWESTERN BELL TELEPHONE
COMPANY
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President - Texas
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Acceptance filed in the office of the)ity Secretary of the City of
Colleyville, Texas this 22~~ day of \.. v.. ne- , 199' .
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