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HomeMy Public PortalAboutOrdinance No. 850-98 10-27-1998 • ORDINANCE N0.850_98 AN ORDINANCE EXTENDING THE FRANCHISE FOR PROVISION OF TELEPHONE SERVICE PREVIOUSLY GRANTED TO SOUTHWESTERN BELL TELEPHONE COMPANY UNDER THE TERMS OF ORDINANCE 693-93, AND AS AMENDED BY ORDINANCE 703-93; EXTENDING TO FEBRUARY 28, 1999, THE TERM OF SAID TELEPHONE FRANCHISE, IN ORDER TO ALLOW THE PARTIES ADEQUATE TIlVIE TO DEVELOP A NEW FRANCHISE ORDINANCE; APPROVING AND ADOPTING THE EXTENSION AGREEMENT ATTACHED TO THIS ORDINANCE; PROVIDING A 5EVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE. WHEREAS, on August 10, 1993 the City Council of the City of Richland Hills, Texas, passed Ordinance No. 693-93, later amended by Ordinance No. 703-93, granting a franchise and setting reasonable regulations for the use and occupancy of the public rights-of-way of the City by Southwestern Bell Telephone Company (hereinafter "SWBT"), and establishing reasonable compensation for such use and occupancy of public property; and WHEREAS, the initial term of said Ordinance No. 693-93 was for five years, and will expire before the end of 1998; and • WHEREAS, Section 4 of Ordinance No. 693-93 permits the parties to extend the term of said ordinance and franchise granted thereby at the expiration of the initial term by mutual written agreement; and WHEREAS, the laws pertaining to the provision of telecommunication services have changed since the effective date of Ordinance 693-93, and the City of Richland Hills desires to comply with the requirements of the revised laws in all respects; and WHEREAS, in compliance with said new laws, the City of Richland Hills seeks to facilitate competition in the provision of telecommunications services on a competitively neutral basis and encourage the availability of such services to all residences and businesses within the City; and WHEREAS, in accordance with applicable federal and state laws, the City seeks to exercise its historical rights to control and manage its public rights-of-way and to receive compensation for their use on a competitively neutral and non-discriminatory basis; and WHEREAS, the City is currently in the process of drafting, in cooperation with SWBT, a new, master telecommunications ordinance, in compliance with federal and state law, for use with SWBT and any other entities seeking to provide telecommunications services within the City; and WHEREAS, it appears these efforts will not come to fruition before the • expiration of the current franchise ordinance agreement with SWBT on November 30, 1998; and ORDINANCE NO. PAGE 1 • WHEREAS, it is the desire of the City and SWBT to extend the provisions of the current franchise ordinance, as embodied in Ordinance Nos. 693-93 and 703-93, to February 28, 1999, to allow sufficient time for completion of the new, master telecommunications franchise ordinance; and WHEREAS, the provisions of this extension ordinance have been summarized at two regular meetings of the Richland Hills City Council, as required by the Charter of the City of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That the term of Ordinance No. 693-93, as amended by Ordinance 703-93, be and the same hereby is extended to February 28, 1999, pursuant to Section 4 of said existing franchise ordinance. II. That the "AGREEMENT" attached hereto and marked Exhibit "A", between the City and SWBT, providing for the extension of the term of the existing telephone franchise ordinance, be and the same is hereby approved by the Richland Hills City Council. III. • 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. IV. Saving Clause. That Ordinance No. 693-93 and Ordinance No. 703-93 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of • the Richland Hills City Council on the 27th day of October 1998, by a vote of ayes, nays, and Q_ abstentions. ORDINANCE NO. 850-98 PAGE 2 • PRESENTED, GIVEN SECOND READING AND APPROVED at a regular meeting of the Richland HiJ,ls City , C.~uncil on the 1 nt-h day of Nn~~Pm~Y 1998, by a vote of 4 ayes, 0 ~ays,,a~'_~~"~' ~a,entions. a 4 ~ ~ ~ ~ ; ~ ~'~1PPROVED: G;! i _ 1F ~ : C. F. Kelley, Mayor ~°a ~ ~ • ,a .............ATTEST: ~ ° ° ~ . , . + ~ ~ • Terri is, City Secretary VED AS TO AND LEGALITY: ~`'~~James . Cribbs, City Attorney rhlib484/102298 ORDINANCE NO. 850-98 PAGE 3