97-09 O - Ordinance Amending No. 92-02 - Extending the Term for Southwestern Bell Telephone •
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CITY OF PROSPER, TEXAS ORDINANCE NO. 97-09
AN ORDINANCE WHEREBY THE CITY OF PROSPER, TEXAS, AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 92-02 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 (VER.NON) (TO BE
CODIFIED AS TEX. REV. CIV. STAT. ANN. ART. 1446C-O); PROVIDING
• FOR A REPEALING, SAVINGS AND SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Prosper, hereinafter referred to as the "CITY", adopted and
approved Ordinance No. 92-02 on August 11, 1992, which was accepted by Southwestern Bell
• Telephone company, hereinafter referred to as the "TELEPHONE COMPANY" on August
18, 1992; and
WHEREAS, TELEPHONE COMPANY and the City desire to extend the term of
• Ordinance No. 92-02 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. 92-02 be extended; and
WHEREAS, it is recognized by the parties that provisions set forth in Ordinance No.
92-02 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.
92-02 constitutes an interim arrangement to accommodate the needs of the.parties, pending
. clarification of the interpretation and application of the Revised PURA; and
•
ORDINANCE AMENDING PROSPER ORDINANC'IS')2-02, SECTIONS 4& I( - I'age 1
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WHEREAS, in the event legal issues are raised regarding the City's compliance with
the Revised PURA, then the parties agree that this Ordinance may be terminated by the City as
set forth below; and
WHEREAS, the City Council for the City of Prosper (City Council"), has investigated
and determined that it would be advantageous and beneficial to the citizens of the City of
Prosper ("Prosper"), and will be for the purpose of benefitting the public generally, to amend
Ordinance No. 92-02 providing for a longer term, and adding termination and other
provisions, due to the changes made by the Public Utility Regulatory Act.•of 1995.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PROSPER, TEXAS, THAT:
SECTION 1. That Prosper's Ordinance No. 92-02, Section 4 and Section 16 are
hereby amended as follows:
SECTION 4: TERl\'1 is hereby amended to read as follows:
• This ordinance shall be in force and in effect from October 1 , 1997,
through September 30. 1998, 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 than thirty (30) clays •
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 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
ORDINANCE AMENDING PROSPER ORDINANCE 92-02, SECTIONS 4\ 16-Pane 2
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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 Cl'l'Y 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 RIGI-ITS-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 or a
service provider certificate of operating authority which includes
any geographic area which is wholly or partially within the
corporate limits of the CITY.
SECTION 2. 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 filled, this Ordinance shall take effect and be in
force as of October 1, 1997.
SECTION 3: Prosper's Ordinance No. 92-02 shall remain in full force and effect,
save and except as amended by this or any other Ordinance.
SECTION 4: All provisions of any ordinance in conflict with this Ordinance are
hereby.repealed; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
• violation if occurring prior to the repeal of the ordinance. •
. ORDINANCE AMENDING PROSPER ORiINAN('IS 92-02, SH"I'l()\'S i X Ib- rage 3
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SECTION 5: Should any section. subsection, sentence. clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that. any and all remaining portions of this Ordinance shall_remain in full
force and effect. Prosper hereby declares that. it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the Iact that any one or more
sections, subsections, sentences, clauses. and phrases be declared unconstitutional or invalid.
SECTION 6: This Ordinance shall take effect immediately from and after its passage
and publication in accordance with the laws of this state. and it is accordingly so ordained.
DULY PASSED AND APPROVED BY TI-IE CITY COUNCIL OF THE CITY OF
• PROSPER, TEXAS, on this 12 day of AUGUST . 1997.
S _ EN COFFM
ayor
ATTEST: APPROVED AS TO FORM:
SH RLEY J ABERNATHY, ROEDER. ROBERTSON
City Secretary BOYD & JOPLIN. P.C.
Richard M. Abernathy
D. Kay Woods
City Attorneys
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DATE OF PUBLICATION IN THE MCKINNEY COURIER GAZETTE: AUGUST 28, 1.997
ORDINANCE AMENDING PROSPER ORDINAN('P.92-02, SECTIONS 4& I6- Inge 4
da/8/7/97/2:03 PM/L:\MIIOX8\PROSPER\SW RT.ORI)'ti70076 2III
ACCEPTANCE
WHEREAS, the City of Prosper, Texas did on the 12th day of August, 1997 enact
Ordinance Number 97-09 entitled:
AN ORDINANCE WHEREBY THE CITY OF PROSPER, TEXAS,AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 92-02 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-O);
PROVIDING FOR A REPEALING, SAVINGS AND SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
and WHEREAS, said Ordinance was on the 12th day of August, 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 Prosper, Texas in her Office.
Dated this —we0 day of f rn kr , 19 9
SOUTHWESTERN BELL TELEPHONE
COM
President-Texas�4
Acceptance filed in the office of the City Secretary of the City of Prosper, Texas this
day of ��� , 19 97.
Ci Secret
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PUBLISHER'S AFFIDAVIT
' THE STATE OF TEXAS
COUNTY OF COLLIN,
On this day personall appeare before the undersigned authority
, .
one of the publisher' f THE DAILY COURIER-GAZETTE published at ..
McKinney,Texas,who on oath says that the notice hereto annexed was
published in'said newspaper.
on the .........................?!........day of...0-4-1144-kk.............19...........
onthe .......................................day of.....................................19............
........-................................ Publisher
-Sworn and subscribe before me this............day of4Cf-P•t:49.27:
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Nota Public, Collin Coun ,Texas