ORD 1999-14 - Southwestern Bell - Amend Termination Date 05-25-1999ORDINANCE NO. 99-14
AN ORDINANCE WHEREBY THE CITY OF HUNTSVILLE, TEXAS,
AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO
AMEND THE TERMINATION DATE OF ORDINANCE NO. 92 -09, AS
AMENDED BY ORDINANCE NO. 97 -23, AN ORDINANCE GRANTING
SOUTHWESTERN BELL TELEPHONE COMPANY THE
NONEXCLUSIVE RIGHT AND PRIVILEGE TO USE THE PUBLIC
RIGHTS- OF-WAY IN THE CITY FOR THE OPERATION OF A
TELECOMMUNICATIONS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville, Texas (CITY), adopted and approved Ordinance No.
92 -09 on June 9, 1992, which was accepted by Southwestern Bell Telephone Company
( "SWBT ") on July 6,1992; and
WHEREAS, Ordinance No. 92 -09 granted the nonexclusive right and privilege to SWBT
to use the public rights -of -way for a period of five (5) years commencing July 1, 1992; and
WHEREAS, the CITY and SWBT amended Ordinance No. 92 -09 by the adoption of
Ordinance No. 97 -23 and extended the period for use of the public rights -of -way for an
additional two -year period until June 30, 1999; and
WHEREAS, it is to the mutual advantage to both CITY and SWBT that the term of
Ordinance No. 92 -09 as amended by Ordinance No. 97 -23 be extended again;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: The termination date as stated in Section 4 of Ordinance No. 9209, as
amended by Ordinance No. 97 -23, is amended by the Agreement attached hereto as Exhibit "1"
and incorporated herein for all purposes, and the Mayor is hereby authorized to execute the
Agreement on behalf of the CITY.
SECTION 2: That this Ordinance shall become effective from and after the date of its
passage.
PASSED AND APPROVED ON THIS 25th DAY OF MAY, 1999.
0& TEST: " ItA_t
Danna Welter, City Secretary
CITY OF HUNTSVILL , TEXAS
By:
William B. Green, Mayor
AGREEMENT
This Agreement is entered into by and between the City of Huntsville, Texas ("City") and
Southwestern Bell Telephone Company ("SWBT"), effective the I st day of July, 1999.
WITNESS:
WHEREAS, on June 9, 1992, the City passed Ordinance No. 92-09 governing SWBT's
use and occupancy of the public Rights-of-Way within the City and establishing compensation
for that use and occupancy; and
WHEREAS, the initial term of Ordinance No. 92-09 was for five years from the effective
date of that ordinance [to July 1, 1997]; and
WHEREAS, Ordinance No. 92-09 was extended by Ordinance No. 97-23 for a period of
two years to June 30, 1999; and
WHEREAS, Section 4 of Ordinance No. 92-09 permits the parties to extend the term of
the Ordinance at the expiration of the initial period by mutual written agreement; and
WHEREAS, the laws pertaining to the provision of telecommunications have changed
since the effective date of Ordinance No. 92-09, including laws permitting competition in the
provisioning of local exchange service; and
WHEREAS, the Texas Legislature is currently considering a "telecommunications
franchising bill"; 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, the City and SWBT desire to extend the term of Ordinance No. 9209 as
amended by Ordinance No. 97-23 for a period not to exceed 90 days [not to extend beyond
September 30, 1999] in order to allow the City time to complete negotiations with
telecommunications companies, including SVY1BT, to develop an appropriate ordinance or
ordinances to govern their use and occupancy of the public Rights-of-Way under the new laws
pertaining to telecommunications; and
WHEREAS, SWBT does not want to enter into an agreement extending the term of
Ordinance No. 92-09 as amended by Ordinance No. 97-23 if it commits SWBT to a level of
compensation which is not fair and reasonable and/or which would be discriminatory or which
would not be competitively neutral should other
EXHIBIT "I"
Agreement
Page 2
telecommunications companies offer competitive services within the City;
NOW, THEREFORE,
The City and SWBT have agreed and do hereby agree as follows:
I. In accordance with Section 4 of Ordinance No. 92-09, the term of Ordinance No.
92-09 as amended by Ordinance No. 97-23 is extended from June 30, 1999, through
September 30, 1999.
2. The City and SWBT agree to complete good faith negotiations to develop a
successor ordinance to govern SWBT's use and occupancy of the public Rights-of
Way.
3. Either party shall have the right to terminate this agreement upon giving written
notice to the other party of the intent to terminate no less than 60 days before the
effective date of termination.
4. The persons signing this Agreement as representatives of the City and SWBT
represent and warrant that they are duly qualified representatives of the City and
SWBT, on whose behalf they sign, holding such capacity as is specified beneath
their names, and that they are duly authorized to execute and effectuate this
Agreement on behalf of the City and SWBT and do so voluntarily and in their
official representative capacities.
SIGNED this 3,7 4 day of 1999
CITY OF HUNTSVI E, TEXAS
William B. Green, Mayor
Danna Welter, City Secretary
APPROVED AS TO FORM:
Paul C. Isham, City Attorney
Agreement
Page 3
SOUTHWESTERN BELL
TELEPHONE COMPANY
By:
Its: