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HomeMy WebLinkAboutO-1506-6-97ORDINANCE NO. 1506-6-97 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING ORDINANCE NO. 11156-92 TO AMEND SECTION 4 TERM TO EXTEND THE CITY FRANCHISE WITH SOUTHWESTERN BELL TELEPHONE COMPANY FOR ONE YEAR; AND BY AMENDING SECTION 16 TO ADD CERTAIN TERMINATION RIGHTS; PROVIDING A SEVERABH.rrY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Allen, Texas hereinafter referred to as "City" adopted Ordinance No. 1115-6-92 on June 18, 1992, which was accepted by Southwestern Bell Telephone Company hereinafter referred to as the "Telephone Company' on July 1, 1992; and WHEREAS, the Telephone Company and the City desire to extend the term of Ordinance No. 1115-6-92 as provided in this Ordinance; and WHEREAS, it is to the mutual advantage of both the City and Telephone Company that the term of Ordinance No. 1115-6-92 be extended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TE -EAS, THAT: SECTION 1. That Ordinance No. 1115-6-92 of the City of Allen, Texas, be and the same is hereby amended by amending Section 4 Term and Section 16 Future Contingencies to read as follows: "Section 4. Tenn This Ordinance shall be in force and effect from July 1, 1997, through June 30, 1998, unless earlier terminated pursuant to Section 16, provided that at the expiration of this initial period, that such term shall be automatically extended for successive periods of one (1) year, unless written notice of intent to terminate this agreement is given by either party ' not less than ninety (90) days prior to the termination of the then current period. When such notice is given, this agreement shall terminate at the expiration of the then current period. Section 16. Future Contingency (a) Notwithstanding anything contained in this Ordinance to the contrary, in the event that (a) this Ordinance or any part hereof, (b) any tariff provision by which the TELEPHONE COMPANY seeks to collect the Annual Charge imposed by this Ordinance, or (c) any procedure provided in this Ordinance, or (d) any compensation due the CITY under this Ordinance, becomes, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the TELEPHONE COMPANY and CITY shall meet and negotiate a new ordinance that is in compliance with the authority's decision or enactment and, unless explicitly prohibited, the new ordinance shall provide the CITY with a level of compensation comparable to that set forth in this Ordinance provided that such compensation is recoverable by the TELEPHONE COMPANY in a mutually agreed manner permitted by law for the unexpired portion of the term of this Ordinance. ' (b) The CITY agrees to provide written notice to the TELEPHONE COMPANY of an original application 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. Further, in the event that either (1) an 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) an entity with an existing consent, franchise, or permit for use of the RIGHTS-OF-WAY in the CITY files an application with the Public Utility Commission of Texas for a certificate of operating authority or a service provider certificate of operating authority, which includes any geographic area which is wholly or parially within the corporate limits of the CITY, the CITY agrees to enter the negotiations with the TELEPHONE COMPANY for a substitute ordinance, franchise, consent or agreement, which can take the place of Ordinance 1115-6-92, as extended. Both the CITY and TELEPHONE COMPANY agree to use thew best efforts to conclude those negotiations before the CITY grants or in conjunction with the CITY granting a consent, franchise or permit to any other entity. (c) 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 any entity is granted a consent, 2 aS1o183 franchise or permit by the CITY for use of the RIGHTS-OF-WAY in the CITY for the provision of any telecommunications service." SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance, which shall remain in full force and effect. SECTION 3. That all provisions of the Ordinances of the City of Allen, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect; provided however that Ordinance No. 1115-6-92 except as amended herein shall remain in full force and effect. SECTION 4. The Telephone Company shall have thirty (30) days from and after the passage and ' approval of this Ordinance to file its written acceptance hereof with the City Secretary, and upon such acceptance being filed. This Ordinance shall take effect and be in force as of July 1, 1997. n The expense of publication of this ordinance shall be paid by the Telephone Company. PASSED on the first reading by the City Council of the City of Allen, Texas, on the 19th day of June 1 1997. PASSED on the second reading by the City Council of the City of Allen, Texas, on the 3rd day of July , 1997. PASSED on the third and final reading by the City Council of the City of Allen, Texas, on the 17th day of July , 1997. 3 SS10185 ' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 17TH DAY OF amy ,1997. APPROVED: STEPHEN TERRELL, MAYOR ATTEST: Y M SON, CITY SECRETARY APPROVED AS TO FORM: ' (PGShd 6/18/97) 8810183 ACCEPTANCE WHEREAS, the City of Allen, Texas did on the 1716 day of July, 1997, enact Ordinance Number 1506-6-97 entitled: AN ORDINANCE WHEREBY THE CITY OF ALLEN, TEXAS, AMENDING ORDINANCE NO. 1115-6-92 TO AMEND SECTION 4 TERM TO EXTEND THE CITY FRANCHISE WITH SOUTHWESTERN BELL TELEPHONE COMPANY FOR ONE YEAR; AND BY AMENDING SECTION 16 TO ADD CERTAIN TERMINATION RIGHTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR AN EFFECTIVE DATE. and WHEREAS, said Ordinance was on the 17' day of July, 1997, duly approved by the Mayor of said City and the Seal of said City was thereto affixed and attested by the City Secretary: NOW, THEREFORE, in compliance with the terms of said Ordinance as enacted, approved and attested, the Southwestern Bell Telephone Company hereby accepts said Ordinance and files this its written acceptance with the City Secretary of the City of Allen, Texas in her Office. Dated this :).V day of Aujus* 19 97. SOUTHWESTERN BELL TELEPHONE a 7:: �� �- President -Texas — 1fkY5 Acceptance led in the office of the City Secretary of the City of Allen, Texas this c�V,OL> day 1 19-!?').