HomeMy WebLinkAboutOrd 1997-11 Amend SBC telephone.pdfORDINANCE NO. 97 -II
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AN ORDINANCE WHEREBY THE CITY OF ANNA, TEXAS, AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 92-004 TO PROVIDE FOR A LONGER TERM AND
TO ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF
THE CHANGES MADE BY THE PUBLIC UTILITY REGULATORY ACT
OF 1995, 74TH LEG., R.S. CH, 231, TEX. SESS. LAW SERV.
2017 (VERNON) (TO BE CODIFIED AS TEX. REV. CIV. STAT.
ANN. ART. 1446C-0).
WHEREAS, the City of Anna, hereinafter referred to as the
"CITY", adopted and approved Ordinance No. 92-004 on September 8,
1992, which was accepted by Southwestern Bell Telephone Company,
hereinafter referred to as the "TELEPHONE COMPANY", on September
25, 1992; and
WHEREAS, TELEPHONE COMPANY and the CITY desire to extend the
term of Ordinance No. 92-004 as provided in this Ordinance; and
WHEREAS, it is to the mutual advantage of both the CITY and
the TELEPHONE COMPANY that the term of Ordinance No. 92-004 be
extended; and
• WHEREAS, it is recognized by the parties that provisions set
forth in Ordinance No. 92-004 may create legal issues with
respect to the CITY's compliance with Section 3.2555 of the
Public Utility Regulatory Act of 1995 effective September 1,
1995, hereinafter referred to as the "Revised PURA"; the parties
agree and intend that this amendment to Ordinance No. 92-004
constitutes an interim arrangement to accommodate the needs of
the parties, pending clarification of the interpretation and
application of the Revised PURA.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF ANNA, TEXAS, THAT:
$Qgr,jon 1. Section 4 of Ordinance No. 92-004 entitled TERM
is hereby amended to read as follows:
This ordinance shall be in force and in effect from
October 1, 1997, through September 30, 1998, unless
earlier terminated pursuant to Section 16, provided
that at the expiration of this initial period, such
term shall be automatically extended for successive
periods of one (1) year, unless written notice of
intent to terminate this agreement is given by either
party not less than ninety (90) days prior to the
termination of the then current period. When such
notice is given this agreement shall terminate at the
expiration of the then current period.
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iG :on 9.. Section 16 of Ordinance No. 92-004 entitled
FUTURE CONTINGENCY is hereby amended to add the designation "(a)"
before the existing paragraph of that Section and to add
paragraphs (b), (c) and (d) as set forth below:
(b) Both parties agree that the extension of this Ordinance is an
interim arrangement and is not intended to be used, and will not
be cited or referred to by either party, as evidence of what is
in compliance with the requirements of Section 3.2555 of the
Revised PURA. TELEPHONE COMPANY and CITY both hereby reserve all
arguments and/or positions as to the appropriate interpretation
and application required by the Revised PURR.
(c) The CITY agrees to provide written notice to the TELEPHONE
COMPANY of an original application or an agreement thereto, for a
consent, franchise or permit with the CITY for use of the RIGHTS-
OF-WAY in the CITY for the provision of any telecommunications
service within ten (10) days from receipt of such application.
(d) Further, notwithstanding anything contained in this Ordinance
to the contrary, both CITY and TELEPHONE COMPANY agree that
either CITY or TELEPHONE COMPANY may terminate this Ordinance
upon a minimum of thirty (30) days notice to the other party on
or after the date that (1) any entity applies for an original of,
or an amendment to, a consent, franchise or permit with the CITY
. for use of the RIGHTS-OF-WAY in the CITY for the provision of any
telecommunications service; or (2) any entity with an existing
consent, franchise, or permit for use of the RIGHTS-OF-WAY in the
CITY files an application with the Public Utility Commission of
Texas for a certificate of operating authority or a service
provider certificate of operating authority which includes any
geographic area which is wholly or partially within the corporate
limits of the CITY.
Rection 3. The TELEPHONE COMPANY shall have thirty (30) days
from and after the passage and approval of this Ordinance to file
its written acceptance hereof with the City Secretary, and upon
such acceptance being filed, this Ordinance shall take effect and
be in force as of October 1, 1997.
Passed and approved hereof this 26th day of AUGUST A.D., 1997.
Mayor,
— City of Anna,
C
ATTEST:
C ty Secretary
i • — ! ' ��h 4 Ate` �-�" City Secretary
of the City of Anna, Texas, do hereby certify that the foregoing
is a true and correct copy of Ordinance Number � %- /I ,
finally passed and approved by the Board of Aldermen,of Anna,
Texas, at a regular meeting held on the rA L Y �� day of
— 1997.
OtySecretary Uzi
Ci
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