HomeMy WebLinkAboutOrd 260 Extending the Franchise Agreement with Southwestern Bell TelephoneORDINANCE 260
AN ORDINANCE WHEREBY THE TOWN OF WESTLAKE, TEXAS, AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 191. 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. SSSS. LAW SERV. 2017 (VERNON) (TO BE
CODIFIED AS TEX. REV. CIV. STAT. ANN. ART. 14460-0).
WHEREAS, the Town of Westlake, hereinafter referred to as the "Town",
adopted and approved Ordinance No. 191 on November 11, 1991, which was accepted by
Southwestern Bell Telephone Company, hereinafter referred to as the "Telephone
Company", on January 6, 1992; and
WHEREAS, Telephone Company and the Town desire to extend the term of
Ordinance No. 191 as provided in this Ordinance; and
WHEREAS, it is to the mutual advantage of both the Town and the Telephone
Company that the term of Ordinance No. 191 be extended, and
WHEREAS, it is recognized by the parties that provisions set forth in Ordinance
No. 191 may create legal issues with respect to the Town's compliance with Section
3.2.555 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. 191 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 BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS, THAT;
SECTION l: Section 4 of Ordinance No. 191 entitled Term is hereby amended
to read as follows:
This ordinance shall be in force and in effect from January 1, 1997, through
December 31, 1997, unless earlier terminated pursuant to Section 16, 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 that 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.
Ordinance extending Southwestern Bell Telephone Franchise Agreement
Page 2
SECTION 2: Section 16 of Ordinance No. 191 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. The Telephone Company and the Town both hereby reserve all
arguments and/or positions as to the appropriate interpretation and application required
by the Revised PURA.
( c) The Town 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
Town for use of the Rights-of-way in the Town 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 the Town and the Telephone Company agree that either the Town or the
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 Town for use of the
rights-of-way in the Town 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
Town 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 partially within the corporate limits of the Town.
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
Town Secretary, and upon such acceptance being filed, this Ordinance shall take effect
and be in force as of January 1, 1997.
PASSED AND APPROVED ON THE 25" DAY ON NOVEMBER, 1996.
:Zlze
Scott Bradley, Mayor
Ordinance extending Southwestern Bell Telephone Franchise Agreement
Page 3
ATTEST:
l
i
Ging(r Crosswy, Town SecreNy
APPROVED AS TO FORM:
Paul C. Isham, Town Attorney