HomeMy Public PortalAboutOrdinance No. 630-91 01-28-1991 ORDINANCE NO. 6 3 0
AN ORDINANCE AMENDING ORDINANCE NO. 3, PASSED
BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS,
TEXAS, ON DECEMBER 12, 1950, AS AMENDED BY
ORDINANCE NO. 593, PASSED BY THE CITY COUNCIL OF
THE CITY OF RICHLAND HILLS, TEXAS, ON FEBRUARY 13,
1989, TO AMEND SECTION 11 OF SAID ORDINANCE NO. 3,
"PERIOD OF TIlVIE OF THIS ORDINANCE -TERMINATION",
TO PROVIDE FOR EXTENSION OF SAID ORDINANCE NO. 3,
AS AMENDED, THROUGH JUNE 30, 1991; AND RETAINING
ALL OTHER TERMS AND CONDITIONS OF SAID
ORDINANCE NO. 3, AS AMENDED BY ORDINANCE NO. 593,
IN FULL FORCE AND EFFECT DURING THE TERM OF SUCH
EXTENSION.
WHEREAS, the City of Richland Hills, Texas, hereinafter referred to as "City",
has requested that Southwestern Bell Telephone Company, hereinafter referred to as
"Telephone Company", agree to an extension of the term of Ordinance No. 3, passed
on December 12, 1950, as amended by Ordinance No. 593, passed on February 13,
1989, and to continue to make payments of franchise fees thereunder to the City; and
WHEREAS, Telephone Company and City have agreed to amend Section 11 of
said Ordinance No. 3 to extend the term of said Ordinance; and
• WHEREAS, Telephone Company and City desire to continue all other terms of
said Ordinance No. 3, as amended by said Ordinance No. 593, in full force and effect
during the period of such extension; and
WHEREAS, it is to the mutual advantage of both City and Telephone Company
that such amendment be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1
Ordinance No. 3, passed by City on December 12, 1950, as amended by
Ordinance No. 593, passed by City on February 13, 1989, both as accepted by
Telephone Company, copies of which are attached hereto as Exhibit "A" and
incorporated herein for all purposes by reference, shall remain in full force and
effect as originally passed except as amended by the terms of this Ordinance.
SECTION 2
Section 11 of said Ordinance No. 3, entitled "PERIOD OF TIME OF THIS
ORDINANCE -TERMINATION", is hereby amended to read as follows:
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ORDINANCE NO. 6 3 0 Page 1
• "This Ordinance shall be in force and effect from January 1,
1991, through June 30, 1991, to give City and Telephone
Company additional time to negotiate a new Ordinance. The
terms of this Ordinance and all other terms of said Ordinance
No. 3 and Ordinance No. 593, except as amended herein, shall
automatically renew on July 1, 1991, for an additional
six-month period ending December 31, 1991, unless City or
Telephone Company gives notice to the other of its intention
not to allow an automatic renewal and extension of this
Ordinance and such notice is given in writing at least thirty
(30) days prior to June 30, 1991, or unless a new agreement is
negotiated and signed prior to the end of this or any successive
term, in which event this interim agreement shall cease and
terminate."
SECTION 3
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 January 1, 1991.
SECTION 4
This Ordinance and its acceptance by Telephone Company shall not prejudice
• either party or a bargaining position of either party and shall not waive any rights of
either party relative to any previously vested rights or obligations or relative to any
negotiations between the parties for a new or longer term Ordinance.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Richland
Hills City Council on the ~ 4 thday of JAN 1991; by a vote of 4 ayes, 0
nays, and 0 abstentions; GIVEN SECOND READING AND APPROVED at a
regular meeting of the Richland Hills City Council on the 2$_ day of JAN ,
1991; by a vote of _g_ ayes, 0 nays, and 0 abstentions.
APPRO
James R. Truitt, Mayor
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ORDINANCE NO. 6 3 0 Page 2
ATTEST:
~,1
o
Pauline Kempe, City S cretary
APPROVED AS TO FORM:
Paul F. Wieneslcie, City Attorney
0203a/dd/010891
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