ORD 1997-01ORDINANCE NO. 97-01
AN ORDINANCE WHEREBY THE TOWN OF TROPHY CLUB, TEXAS,
AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 91-15 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 Town of Trophy Club, hereinafter referred to as
the "CITY", adopted and approved Ordinance No. 91-15 on December
1, 1991, which was accepted by Southwestern Bell Telephone
Company, hereinafter referred to as the "TELEPHONE COMPANY", on
March 31, 1992; and
WHEREAS, TELEPHONE COMPANY and the CITY desire to extend the
term of Ordinance No. 91-15 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. 91-15 be
extended; and
WHEREAS, it is recognized by the parties that provisions set
forth in Ordinance No. 91-15 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 PUP -A"; the parties agree
and intend that this amendment to Ordinance No. 91-15 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 TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. Section 4 of Ordinance No. 91-15 entitled TERM
is hereby amended to read as follows:
This ordinance shall be in force and in effect from
April 1, 1997, through March 31, 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.
Secf;on 2. Section 16 of Ordinance No. 91-15 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 PURA.
(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.
Section I. 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 April 1, 1997.
Passed and approved hereof this 18th day of February , A.D., 1997.
c
of Trophy Club, Texas
ATTEST:
City Secretary
I, Karen Sadri City Secretary
of the Town of Trophy Club, Texas, do hereby certify that the
foregoing is a true and correct copy of Ordinance Number
97-01 finally passed and approved by the Board of
Aldermen of Trophy Club, Texas, at a regular meeting held on the
18th day of February , 1997.
Jr
City Secretary