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ORD 1997-19 - S.W. Bell Franchise - 1st Reading 06-03-1997ORDINANCE NO. 97 -19 AN ORDINANCE WHEREBY THE CITY OF HUNTSVILLE, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. 92 -09, 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 SYSTEM; TO PROVIDE FOR A LONGER TERM AND TO ADD TERMINATION CLAUSES; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the City of Huntsville, hereinafter referred to as the "CITY ", adopted and approved Ordinance No. 92 -09 on June 9, 1992, which was accepted by Southwestern Bell Telephone Company, hereinafter referred to as the "TELEPHONE COMPANY" on July 6, 1992; and WHEREAS TELEPHONE COMPANY and the CITY desire to extend the term of ordinance No. 92 -09 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 -09 be extended; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1. Section 4 of Ordinance 92 -09 entitled TERM is hereby amended to read as follows: This ordinance shall be in force and in effect from July 1, 1997, through June 30, 1999, unless earlier terminated pursuant to Section 16. SECTION 2. Section 16 of Ordinance 92 -09 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 provisions 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 a certificate of operating authority which includes any geographic area which is wholly or partially within the corporate limits of the CITY. SECTION 3. The TELEPHONE COMPANY shall have thirty (30) days from and after the final passage of this Ordinance to file its written acceptance of this Ordinance with the City Secretary. This Ordinance shall become effective on July 1, 1997. SECTION 4. The City Secretary is directed to publish, within five days following each presentation of this ordinance, the descriptive caption of this ordinance in the official newspaper of the CITY. The TELEPHONE COMPANY agrees to bear the expense of such publications. PASSED on the first reading hereof this 3rd day of June, 1997. PASSED and approved on the second reading this day of , 1997. r1HU VILLE, EXAS William B. Green, Mayor A ST: Danna Welter, City Secretary City Attorney