ORD 1997-23 - S. W. Bell Franchise - Final 07-15-1997ORDINANCE NO. 97 -23
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 1 Sth day of July, 1997.
CITY OF HUNTSVI LE, TEXAS
William B. Green, Mayor
ATTEST:
C.(J
Danna Welter, City Secretary
1, Danna Welter, City Secretary of the City of Huntsville, Texas, do hereby certify that
the foregoing is a true and correct copy of Ordinance Number 97 -23, finally passed and approved
by the City Council of Huntsville, Texas, following the second reading thereof at a regular meeting held
on the 1 Sth day of July, 1997.
W�
Danna Welter, City Secretary