HomeMy WebLinkAboutOrdinance 11427ORDINANCE N0. Z
AN ORDINANCE AMENDING ORDINANCE NO. 11163 TO CORRECT
CERTAIN CLERICAL ERRORS THEREIN (ORDINANCE NO. 11163
BEING AN ORDINANCE WHICH GRANTS TO SOUTHWESTERN BELL
TELEPHONE COMPANY THE CITY OF FORT WORTH'S CONSENT FOR
THE COMPANY TO OPERATE A TELECOMMUNICATIONS BUSINESS IN
THE CITY AND TO ERECT AND MAINTAIN CERTAIN ITEMS OF THE
COMPANY'S PHYSICAL PLANT IN THE CITY); PROVIDING FOR
WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE
COMPANY; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, ordinance no. 11163, passed and approved on September
1, 1992, contains certain clerical errors, and it is necessary to
correct such clerical errors to make such ordinance conform with
the original intent. of the City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
Ordinance No . 1116 3 , passed and approved on September 1, 19 9 2 ,
is hereby amended as follows:
1. The caption of the ordinance is changed to read:
"AN ORDINANCE WHEREBY THE CITY OF FORT WORTH, TEXAS, AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE
PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE
TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES,
WIRES, ANCHORS, FIBER, CABLES,~'MANHOLES, CONDUITS AND OTHER
PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER,
THROUGH, ABOVE, AND UNDER PUBLIC STREETS, AVENUES, HIGHWAYS,
ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY;
PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS
ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF
PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN
CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE
COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY
CLAUSE; SPECIFYING GOVERNING LAWS AND LIMITATIONS; PROVIDING
FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING
FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF
THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR AN
EFFECTIVE DATE."
2. Section 4, subsection (e) is changed to read:
"(e) The following requirements shall apply to
installation of the Telephone Company's local service
fiber optics cables in City rights-of-way:
(1) Cables shall be buried approximately three (3j
feet below the surface of the right-of-way.
(2) Signs shall be located at appropriate
intervals warning the public of the presence of
such cables."
3. Section 6 is changed by adding the following sentence at
the beginning of the Section:
" The Telephane Company shall maintain its
telecommunication system and facilities in a reasonable
operating condition at all normal times during the term
of this ordinance."
4. The seventh sentence in Section 11, subsection (b) is
changed to read:
" In the event of any over or undercollection from
customers at the expiration of this ordinance, the
Telephone Company may make a pro rata one-time credit or
charge to the customer billing for affected customers who
are billed for a service included within Gross Receipts
as defined Section 11 (a)."
5. The first sentence of the second paragraph in Section 11,
subsection (c) is changed to read:
" The. City agrees to rely upon audits by the Texas
Comptroller of Public Accounts of state sales taxes as
reported by the Telephone Company which are performed in
compliance with Sections 151.023 and 151.027 of the Texas
Tax Code Annotated (vernon's 1982}."
6. The fourth sentence of the second paragraph in Section
11, subsection (e) is changed to read:
" The resulting figure shall be rounded to four decimal
places and yields the percentage by which the Annual
Charge shall be adjusted; in the case of annexation, the
Annual Charge shall be increased by this percent, and in
the case of disannexation, the Annual Charge shall be
decreased by this percent."
-2-
SECTION 2
(a) Pursuant to Section 2, Chapter XXV of the Charter of the
City of Fort Worth, the Telephone Company, as a condition of this
ordinance, will acknowledge by the signature of its duly authorized
agent that it accepts and agrees to the terms, conditions and
provisions of this ordinance the same as if it were a contract
9
between the City and the Telephone Company. This ordinance shall
not become effective until accepted and agreed to by the Telephone
Company as herein provided.
(b) The City shall deliver a properly certified copy of this
ordinance to the Telephone Company within three (3) working days of
its final passage.
(c) In the event that the Telephone Company fails to accept
and agree to this ordinance within sixty (60) days after its
passage by the City Council, the provisions of this ordinance shall
be and become terminated, null and void.
SECTION 3.
Except as hereby amended, the provisions of Ordinance No.
11163 shall remain unchanged.
SECTION 4.
The City Secretary of the City of Fort Worth is hereby
directed to publish this ordinance in its entirety once a week for
four (4) consecutive weeks within a period of thirty (30) days
after its passage in the official newspaper of the City, as
required by Section 2 of Chapter XXV of the Charter of the City of
Fort Worth, Texas.
-3-
SECTION 5.
The City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the
caption and effective date of same in the minutes of the City
Council of the City of Fort Worth and by filing this ordinance in
the ordinance records of said City.
SECTION 6.
This ordinance shall be in full force and effect after its
passage, publication and written acceptance by the Telephone
Company, as specified above, and it is so ordained.
PASSED AND ADOPTED this, the ~~ day of , A.D.
1993.
Ka Gran r
Mayor
City of Fort Worth, Texas
ATTEST:
~~~~
City Secretary
APPROVED AS TO FORM AND LEGALITY:
`~
City Attorney
Date : ~ 0 - ~ - ~ 3
ADOPTED : /~ -' llf -- 9~
EFFECTIVE:
-4-
THE STATE OF TEXAS §
COUNTY OF TARRANT §
I, Alice Church, City Secretary of the City of Fort Worth,
Texas, do hereby certify that the above and foregoing is a true and
correct copy of Ordinance No. , passed and approved by the
City Council of the City of Fort Worth, Texas, at a regular session
held on the day of , A.D. 1993.
WITNESS my hand and the official seal of the City of Fort
Worth, Texas, this, the day of
A.D. 1993.
City Secretary
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10% 19/93
City of Fort Worth, Texas
and Council Communication
REFERENCE NUMBED LOG NAME
* G-10381
12SWBELL I 1 of 2
svsJECT ADOPTION OF ORDINANCE CORRECTING CLERICAL ERRORS IN ORDINANCE NO
1 1 163 WHICH CONCERNS THE OPERATION OF SOUTHWESTERN BELL TELEPHONE
COMPANY'S TELECOMMUNICATIONS SYSTEM ON CITY STREETS AND RIGHTS OF
WAY
RECOMMENDATION
It is recommended that the City Council adopt the attached ordnance which amends Ordinance
No 1 1 163 to correct several clerical errors
DISCUSSION
On September 1, 1992, the City Council adopted Ordinance No 1 1 163 which grants the City's
consent for Southwestern Bell Telephone Company to operate.a telecommunications system on
city streets and rights-of-way
Since the adoption of Ordinance No 1 1 163, Bell officials and City staff have discovered several
clerical errors in the ordinance These errors are as follows
p 1 -The words "For the Telephone Company's" were omitted rn the fifteenth line
of the caption
2 p 5 -The words "rights of way" were omitted in the second line of Section 4,
subsection (e) ,
3 p 8 -The following sentence was omitted at the beginning of Section 6 "The
Telephone Company shall maintain its telecommunication system and facilities in a
reasonable operating condition at all normal times during the term of this ordinance "
4 p ~ 13 -The words "or undercollection" and "or charge" were omitted in the fifteenth
and sixteenth lines of Section 1 1 , subsection (b)
5 p 1~4 -The word. "telecommunications" should not have been included in the second
line of the second paragraph in Section 1 1, subsection (c)
6 p 16 -The following words were omitted between the eleventh and twelfth Imes of
the second paragraph in Section 1 1, subsection (e) "adjusted, in the case of
annexation, the Annual Charge shall be"
While these errors are not substantive, they should be corrected to make Ordinance No 11 163
conform with the original intent of the City Council and Southwestern Bell Telephone Company
Attached for information purposes is a copy of Ordinance No 1 1 163 which has been marked
to show the proposed corrections
-I~~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE
10/19/93 REFERENCE NUMBER
**G-10381 LOG NAME
12SWBELL PAGE
2 of 2
svs.rECT ADOPTION OF ORDINANCE CORRECTING CLERICAL ERRORS IN ORDINANCE NO
1 1 163 WHICH CONCERNS THE OPERATION OF SOUTHWESTERN BELL TELEPHONE
COMPANY'`S TELECOMMUNICATIONS SYSTEM ON CITY STREETS AND RIGHTS OF
WAY
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FISCAL INFORMATION/CERTIFICATION.
This Council action does not require the expendi
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ture of Clty funds
ubnutted or rty Matuiger s FUND AC UN'f 'GX''fI:K A\1OUN'1' 1'1'1' 'E KE1'AK
Office by:
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PPROVED
A
Charles Boswell RSO~ CITY COUNCIL
Origutatmg Department Itead:
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Wade Adt:ins 7623 ( rom) C
A;or Addthonal Infunuatum QLti,tJ
Contact: Cite SoOt04i~ 0I tl-ts
Textm
O1 FOrt Worth
Cit
Wade Adkins 7623 ,
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ti Printed on recycled paper