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HomeMy Public PortalAboutOrdinance No. 593-89 02-13-1989 . ORDINANCE NO. 5 9 3 AN ORDINANCE AMENDING ORDINANCE NO. 3 PASSED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, ON DECEMBER 12, 1950, TO REVISE SECTION 7, "ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY", OF SAID ORDINANCE PROVIDING FOR ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY TO THE CITY; TO EXCLUDE CERTAIN REVENUES FROM THE GROSS RECEIPTS UPON WHICH SUCH CONSIDERATION IS CALCULATED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas, hereinafter referred to as the "City", and Southwestern Bell Telephone Company, hereinafter referred to as the "Telephone Company", have agreed to revise the annual gross receipts on which the Telephone Company pays a gross receipts fee to the City under Ordinance No. 3 passed by the City on December 12, 1950; and WHEREAS, the Telephone Company has requested the City to revise the provisions for the payment to the City as prescribed in said section of said ordinance; and WHEREAS, it is to the advantage of both the City and the Telephone Company • that such payment should be revised so as to provide equity in assessments to users of telecommunications within the city limits of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1 That the provision for payment to the City in Section 7, "Annual Cash Consideration to be Paid by the Telephone Company", of Ordinance No. 3 of the City of Richland Hills, Texas, passed on December 12, 1950, shall be revised to hereafter be and read as follows: SECTION 7 - ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY A. As used in this Section, the following terms shall have the following meanings: 1. Coin Non-Sent Paid - Calls placed from coin-operated telephones which are not billed to the point of origination of the call or paid for at the point or time of origination of the call. ORDINANCE NO. 5 9 3 Page 1 • 2. Private Line -Shall have the meaning as defined in the Telephone Company's Private Line Service Tarriff issued November 20, 1984, and effective March 15, 1985. B. To indemnify the City for any and all possible damages to its streets, alleys and public grounds which may result from the placing and maintenance therein or thereon of the Telephone Company's poles, conduits, or other telephone equipment or apparatus, and to compensate the City for its superintendence of this agreement, and as the cash consideration for the same, the Telephone Company agrees to pay to the City annually during the continuance of the agreement a sum of money equal to four (4%) per cent of the annual gross receipts for the preceding year received by the Telephone Company from the rendition of local exchange telephone transmission service, excluding revenues received from the services of Coin Non-Sent Paid, Private Line and White Pages Directory Advertising and Sales within the corporate limits of the City. The total sum of money paid hereunder shall not in any event exceed the amount allowed by the Public Utility Commission of Texas as a reasonable and necessary expense of operation for rate making purposes. The first payment hereunder shall be made April 15, 1990, and shall equal in amount four (4%) per cent of the gross receipts received from February 1, 1989, to December 31, 1989. Payments for gross receipts received prior to the effective date of this Ordinance shall be calculated and paid pursuant to the provisions of Ordinance No. 3, passed by the City on December 12, 1950, and the letter agreement dated December 31, 1975. Payments for • gross receipts received on or after the effective date of this Ordinance shall be calculated and paid as provided hereinabove. 5ECTION 2 EFFECTIVE DATE. This amendment, after its passage and publication (at the City's expense) as provided by the Richland Hills City Charter and the Laws of the State of Texas, shall become effective February 1, 1989, and remain in force until the expiration date of gross receipts Ordinance No. 3 passed by the City on December 12, 1950, and herein revised; and, also, supersedes the letter of agreement dated December 31, 1975. SECTION 3 Other than the language specifically set forth in Sections 1 and 2 of this Ordinance, all of the terms of the original agreement between Southwestern Bell Telephone Company and the City of Richland Hills, Texas, entered into on the 12th day of December, 1950, attached hereto as Exhibit "A" and incorporated herein for all purposes remain in full force and effect as originally agreed to by the parties. ORDINANCE NO. 5 9 3 Page 2 SECTION 4 The Telephone Company shall have sixty (60) days from and after the passage and approval of this Ordinance to file its written acceptance of the amendment to its Agreement with the City contemplated hereby with the City Secretary, and upon such acceptance being filed, such amendment shall take effect and be in force from and after February 1, 1989, and shall effectuate and make binding the agreement provided by the terms hereof. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 9th day of Jan 1989; by a vote of 5 ayes, ~ nays and ~ abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 13thday of Feb. , 1989; by a vote of 5 ayes, Q nays and ~ abstentions. APPROVED: y ~ ~ ~`s~ W. H. (Bill) Vincent, Jr., Mayor ATE-FST: i Pauline Kempe, City S cretary . AFT' O AS O F RM: ~ Paul F. Wiene ie, ity Attorney 0117a/dd/1989 ORDINANCE NO. 5 9 3 Page 3