HomeMy WebLinkAboutOrdinance - 9940-1996 - Southwestern Bell Amend Ordinance 9452 - 08/22/1996First Reading
August 22, 1996
Item #39
Second Reading
September 10, 1996
Item fHL
ORDINANCE NO. 9940
AN ORDINANCE WHEREBY THE CITY OF LUBBOCK, TEXAS, AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. 9452 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, CODIFIED AS TEX. REV. CIV. STAT. ANN. ART.
1446C-O.
WHEREAS, the City of Lubbock, hereinafter referred to as the "CITY," adopted and
approved Ordinance No. 9452 on July 11, 1991, and amended by Ordinance No. 9477 on
September 26, 1991, which was accepted by Southwestern Bell Telephone Company, hereinafter
referred to as the "TELEPHONE COMPANY," on July 23, 1991; and
WHEREAS, TELEPHONE COMPANY and the CITY desire to extend the term of
Ordinance No. 9452 as provided in this Ordinance; and
WHEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE
COMP ANY that the term of Ordinance No. 9452 be extended; and
WHEREAS, it is recognized by the parties that provisions set forth in Ordinance No.
9452 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. 9452
constitutes an interim arrangement to accommodate the needs of the parties, pending negotiation
and adoption of a new ordinance specifically tailored to the requirements of the Revised PURA;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT:
Section 1. Section 4 of Ordinance No. 9452 entitled TERM is hereby amended to read as
follows:
This ordinance shall be in force and in effect from September 1, 1991, through
December 31, 1996. If the parties hereto shall enter into a new agreement and ordinance
prior to December 31, 1996, this ordinance shall become void and ofno effect thereafter.
Section 2. Section 17 of Ordinance No. 9452 entitled FUTURE CONTINGENCY is
hereby amended to add the designation "(a)" before the existing paragraph of that Section and to
add paragraphs {b) and (c) 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 COMP ANY 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 COMP ANY 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.
Section 3. The TELEPHONE COMP ANY shall have fifteen (15) 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 September I, 1996.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 22nd day of August, 1996.
Passed by City Council on second reading this l 0th day of September, 1996.
ATTEST:
Isl Harold Willard
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
Is/ Gavino Sotelo
Gavino D, Sotelo, First Assistant City Manager
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald G. Vandiver, First Assistant City Attorney
OOV: da\cityatt\swb.ord
July 23, l 996
Isl · Iy Cooke
Alex "Ty" Cooke, Mayor Pro Tern
Morris Communication Corporation
Subscribed and sworn to before me thio..--__ "1-'---'day of :Se pie ro-b er"
FORMo8-I0
PATTI TATE NOlary Public, State o! Texas Mt Commission Expires 7.QS.4000
19 qfo
ORDINANCE NO. 9940
AN ORDINANCE WHEREBY THE CITY OF LUBBOCK. TEXAS, AND
SOU1HWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 9452 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, CODIFIED AS
TEX. REV. CIV. STAT. ANN. ART.
1446C-O.
WHEREAS, the City of Lubbock, hereinafter referred to as the "CITY," adopted
and approved Ordinance No. 9452 on July 11, 1991, and amended by Ordinance No.
9477 on September 26, 1991, which was accepted by Southwestern Bell Telephone
Company, hereinafter referred to as the "TELEPHONE COMPANY," on July 23, 1991;
and
WHEREAS, TELEPHONE COMP ANY and the ClTY desire to extend the term of
Ordinance No. 9452 as provided in this Ordinance; and
WHEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE
COMP ANY that the term of Ordinance No. 9452 be extended; and
WHEREAS, it is recognized by the parties that provisions set forth in Ordinance
No. 9452 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. 9452 constitutes an interim arrangement to accommodate
the needs of the parties, pending negotiation and adoption of a new ordinance specifically
tailored to the requirements of the Revised PURA; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK TIIAT:
Section 1. Section 4 of Ordinance No. 9452 entitled TERM is hereby amended to
read as follows:
This ordinance shall be in force and in effect from September 1, 1991, through
December 31, 1996. If the parties hereto shall enter into a new agreement and
ordinance prior to December 31, 1996, this ordinance shall become void and of no
effect thereafter.
Section 2. Section 17 of Ordinance No. 9452 entitled FUTURE CONTINGENCY
is hereby amended to add the designation "{a)" before the existing paragraph of that
Section and to add paragraphs (b) and (c) 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
intetpretation and application required by the Revised PURA.
(c) The CITY agrees to provide written notice to the TELEPHONE
COMP ANY 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.
Section 3. The TELEPHONE COMPANY shall have fifteen (15) 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 September 1, 1996.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 22nd day of August, 1996.
Passed by City Council on second reading this 10th day of September 199
ATTEST:
~2r~<J2 haroklWillard, Interim City Secretary
APPROVED AS TO CONTENT:
Isl Qavino D. Sotelo
Oavino D, Sotelo, First Assistant City Manager
APPROVED AS TO FORM:
Isl Donald G. Vandiver
Donald 0. Vandiver, First Assistant City Attorney
. i