HomeMy WebLinkAboutOrdinance 13103. _ ._
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ORDINANCE NO ~~
AN ORDINANCE AMENDING ORDINANCE NO. 11163, AN
AGREEMENT RELATING TO SOUTHWESTERN BELL
TELEPHONE COMPANY'S USE OF THE PUBLIC RIGHTS-OF-
WAY IN CONJUNCTION WITH THE OPERATION OF ITS
TELECOMMUNICATIONS BUSINESS AND GOVERNING THE
TERMS AND CONDITIONS OF THAT USE, TO EXTEND THE
TERM OF SUCH ORDINANCE; CLARIFYING THE PARTIES'
INTENT UNDER THE LAW; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth (the "City") adopted and approved Ordinance
No 11163 on September 1, 1992, which was accepted by Southwestern Bell Telephone
Company ("Telephone Company") on September 18, 1992,
WHEREAS, the City and Telephone Company desire to extend the term of
Ordinance No 11163 as provided herein, and
WHEREAS, it is to the mutual benefit of both the City and Telephone Company
that the term of Ordinance No 11163 be extended as an interim arrangement pending
judicial and legislative clarification of Section 3.2555 of the Texas Public Utility
Regulatory Act of 1995 ("PURA") and to accommodate the needs of the parties,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
1.
Section 3 of Ordinance No 11163, entitled "TERM", is hereby amended to read
as follows
This Ordinance shall be in force and in effect from October 1, 1992
until 11 59 P.M. CDT September 30, 1998, unless terminated earlier
pursuant to Section 17, as amended. The term hereof shall automatically
be extended for successive periods of one (:l) year each, unless either party
provides written notice to the other party of intent to terminate this
Ordinance not less than ninety (90) days prior to the expiration of the then
current period, m which case this Ordinance shall terminate at the
expiration of the then current period.
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2.
Section 17 of Ordinance No 11163, entitled "FUTURE CONTINGENCY", is
hereby amended to add the designation "(a)" before the existing paragraph of that Section
and to add paragraph (b) as follows
(b) The City and Telephone Company agree that an extension
of this Ordinance as provided by Section 3 constitutes an interim
arrangement and is not intended to be used as evidence of
compliance or non-compliance with the requirements of Section
3.2555 of PURA due to pending judicial and legislative
clarification of PURA. The City and Telephone Company both
reserve all arguments and/or positions as to the appropriate
interpretation and application required by PURA.
3.
The Telephone Company shall have thirty (30) days following adoption by the
City's City Council to file its written acceptance hereof with the City Secretary's Office
4.
Except as hereby amended, the provisions of Ordinance 11163 shall remain
unchanged and in full force and effect.
5.
If any provision of this Ordinance shall be held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceablility
of the remaining provisions shall not m any way be affected or impaired.
6.
In accordance with Section 2 of Chapter XXV of the City's Charter, the City
Secretary of the City is hereby directed to arrange for publication of this Ordinance m the
official newspaper of the City once a week for four (4) consecutive weeks within a period
of thirty (30).days following adoption. All costs of the publication of this Ordinance shall
be at the expense of the Telephone Company This Ordinance shall not become effective
until proper publication as required by the City Charter
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7.
This Ordinance shall be m full force and effect from and after its adoption,
publication and written acceptance by the Telephone Company, as provided herein, and it
is so ordained.
APPROVED AS TO FORM AND LEGALITY
By•
Assistant City Atto
ADOPTED• ~ Z9` %~
EFFECTIVE. ~ ~~
ACCEPTANCE:
Southwestern Bell Telephone Company hereby accepts all terms and conditions of
this Ordinance.
By•
Name
Title
Date
3
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUNffiER LOG NAME PAGE
07/29/97 G-11958 02SWBELL 1 of 1
SUBJECT ADOPTION OF ORDINANCE AMENDING ORDINANCE NO 11 163 CONCERNING THE
OPERATION OF SOUTHWESTERN BELL TELEPHONE COMPANY'S
TELECOMMUNICATIONS SYSTEM ON CITY STREETS AND RIGHTS-OF-WAY TO
EXTEND THE TERM
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which amends Ordinance
No 11 163 governing the terms and conditions of Southwestern Bell Telephone Company's use
of the public rights-of-way to extend the term of that ordinance
DISCUSSION
City Ordinance No 1 1 163 prescribes the conditions governing the use of public rights-of-way
by Southwestern Bell Telephone Company (Bell) in connection with the operation of its
telecommunications business within the City of Fort Worth This ordinance, passed on
September 1, 1992 (M&C G-9819), had a term of five years and will expire on September 30,
1997
Approval of the attached ordinance and its acceptance by Bell will extend the term of Ordinance
No 1 1 163 by one (1) year The ordinance also contains a clause that will automatically extend
the term of Ordinance No 1'I 163 one year at the end of each year unless either the City or Bell
provides written notice to the other party of intent to terminate the agreement at least ninety
(90) days before its expiration
FISCAL INFORMATION/CERTIFICATION
Telephone franchise revenues to the City under this ordinance will total approximately
56,556,083 in calendar year 1997
BT a
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511 ~,/~~~ CIJuNI
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Originating Department Head: „
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Charles Boswell 8511 (from)
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Ci
For Additional Information ty Secn
Esry of the
City of Fort Worth
3'exas
Contact: ,
Danny Reed 6145
Ad~pt~d Ortlmanee No. /O
Printed on Re~yded Paper