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