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Home My WebLink AboutORD 1998-001 �� ORDINANCE NO. 98-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS WHEREBY THE CITY AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE �' TO AMEND ORDINANCE NO. 92-78 TO PROVIDE FOR A LONGER TERM AND TO ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE CHANGES MADE BY THE PUBLIC UTILITY REGULATORY ACT OF 1995, 74T" LEG., R.S. CH. 231, TEX. SESS. LAW SERV. 2017 (VERNON) (TO BE CODIFIED AS TEX. REV. CIV. STAT. ANN. ART. 1446C-0); DECLARING AN �"' EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, hereinafter referred to as the "CITY", adopted and approved Ordinance No. 92-78 on December 15, 1992, which was accepted by Southwestern Bell Telephone Company, hereinafter referred to as the "TELEPHONE COMPANY" on April 5, 1993; and WHEREAS, TELEPHONE COMPANY and the CITY desire to extend the term of "'"""' Ordinance No. 92-78 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. 92-78 be extended; and WHEREAS, it is recognized by the parties that provisions set forth in Ordinance No. 92-78 may create legal issues with respect to the CITY'S compliance with Section 3.2555 of the Public Utility Regulatory Act of 1995 effective September 1, 1995, hereinafter referred to as the "Revised PURA"; the parties agree and intend that this amendment to Ordinance No. 92-78 constitutes an interim arrangement to accommodate the needs of the parties, pending clarification of the interpretation and application of the Revised PURA. � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. Section 3 of Ordinance No. 92-78 entitled TERM is hereby amended to read as follows: � "This ordinance shall be in force and in effect from February 1, 1998, through January 31, 1999, unless earlier terminated pursuant to Section 21, provided that at the expiration of this initial period, 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 2. Section 21 of Ordinance No. 92-78 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 provision 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 an application with the Public Utility Commission of Texas for 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 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 February 1, 1998. Section 4. The fact that the present ordinances and regulations of the City of Grapevine are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance � become effective from and after the date of its passage and it is accordingly so � ordained. �. ORD. NO. 98-01 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF "� � GRAPEVINE, TEXAS on this the 2oth day of �anuary , 1998. �:� u�t. APPROVED: /'"/�� William D. Tate " Mayor �.,� ATTEST: � Linda uff City Secretary � ,,�,,, APPROVED AS TO FORM: _ ____._- ____. � , � . __� -- _..y� ,.? £,�. � � � � __�. ` _ o n . oy e, r. City Attorney �� "" ACCEPTED: Southwestern Bell Telephone Company � Pragi r�ant-TaugS "�°` Title +�. Date of Acceptance: �'o�� ' Q� ORD. NO. 98-01 3 ACCEPTANCE � � WHEREAS,the City of Grapevine, Texas did on the 20th day of January, 1998 ,� .:, enact Ordinance Number 98-01 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS WHEREBY THE CITY AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. 92-78 TO PROVIDE FOR A LONGER TERM AND TO ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE CHANGES MADE BY THE PUBLIC UTILITY REGULATORY ACT OF 1995, 74TH LEG., R.S. CH. 231, TEX. SESS. LAW SERV. 2017 (VERNON) (TO BE CODIFIED AS TEX. REV. CIV. STAT.ANN.ART. 1446C-0); DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. and WHEREAS, said Ordinance was on the 20th day of January, 1998 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 Grapevine, Texas in her Office. � Dated this�day of �� n Q , 19 q g � SOUTHWESTERN BELL TELEPHONE COMPANY President-Texas �� 6 Acceptance filed in the office of the City Secretary of the City of Grapevine, Texas this��day of E,C�S ' , 19�� „ _ � �, City ecretary � ORD. NO. 98-01 �