Ordinance 1993-59
ORDINANCE NO.
I/~ ~a1
AN ORDINANCE WHEREBY THE CITY OF WYLIE, TEXAS, AND GTE
SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE
COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN,
MAINTAIN AND OPERATE IN , ALONG, UNDER, OVER AND ACROSS
THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND
PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES,
CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND
FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF
TELEPHONE AND OTHER COMMUNICATION SERVICES IN SAID CITY
AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE
TELEPHONE BUSINESS; PRESCRIBING THE CONDITIONS GOVERNING
THE USE OF PUBLIC RIGHT-OF-WAY FOR THE TELEPHONE
COMPANY'S TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE
ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE;
PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS;
PROVIDING FOR ASSIGNMENT; PROVIDING FOR A PERIOD OF
AGREEMENT; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR
EXCLUSION OF VIDEO SERVICES; PROVIDING FOR RELEASE OF ALL
CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE
DISPUTE RESOLUTION; PROVIDING FOR A LIMITATIONS PERIOD;
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PROVIDING FOR VENUE; PROVIDING FOR METHOD OF ACCEPTANCE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, GTE Southwest Incorporated, hereinafter
referred to as the Telephone Company, is now and has been engaged
in the telecommunications business in the State of Texas and in
furtherance thereof, has erected and maintained certain items of
its physical plant in the City of Wylie, Texas, hereinafter
referred to as the City, for many years pursuant to such rights as
have been granted it by and under the laws of the State of Texas,
and subject to the reasonable exercise of the police powers granted
by and under said laws to the City; and
WHEREAS, the Telephone Company has operated its
telecommunications business in the City under successive ordinances
of the City, the last of which was Ordinance Number 80-17, adopted
November 11, 1980, which provided compensation to the City for the
superintendence of that agreement based upon a percentage of gross
receipts/revenues received by the Telephone Company from certain
local services rendered within the corporate limits of the City;
and
WHEREAS, it is recognized by the parties hereto that
changes in the telecommunications industry, changes in technology,
changes in state and federal law, and changes in the accounting
practices mandated by the Uniform System of Accounts promulgated by
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the Federal Communications Commission ("FCC") , along with
regulatory requirements of the Public utility Commission of Texas
("PUC"), have caused the traditional method of determining the
amount of compensation to municipalities to become impractical for
telecommunications utilities. In order to address these issues in
a manner beneficial to both the City and the Telephone Company, the
City and the Telephone Company have chosen the method of
determining the amount of compensation provided for in this
Ordinance to eliminate the expense and time related to audits, to
achieve administrative simplicity, to provide the City with
predictable revenues and an opportunity for growth and to avoid the
expense and delays of litigation which could be necessary to
resolve any issues in controversy between the parties; and
WHEREAS, it is to the mutual advantage of both the City
and the Telephone Company that an agreement should be entered into
between the Telephone Company and the City establishing the
conditions under which the Telephone Company shall maintain and
construct its physical plant in the public rights-of-way within the
City's corporate limits in the future;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT:
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SECTION 1.
DEFINITIONS
Whenever used in this Ordinance, the following words and terms
shall have the definitions and meanings provided in this section:
( a) FACILITIES:
All Telephone Company duct spaces, manholes,
poles, conduits, underground and overhead passageways, and other
equipment, structures and appurtenances and all associated
Transmission Media, which are located in the City Rights-of-Way.
(b) TRANSMISSION MEDIA:
All Telephone Company cables, fibers,
wires or other physical devices used to transmit and/or receive
communication signals, whether analog, digital or of other
characteristics, and whether for voice or data or other purposes,
which are located in the City Rights-of-Way.
(c) RIGHTS-OF-WAY: All present and future streets, avenues,
highways, alleys, bridges, viaducts and public grounds within the
city limits of the City.
(d) CITY: The City of Wylie, Texas.
(e) Teleohone Comoanv: GTE Southwest Incorporated.
SECTION 2. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND
SERVICE
Pursuant to the laws of the State of Texas, the Telephone Company
has the non-exclusive right and privilege to use and occupy the
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public rights-of-way ~n the City for the operation of a
telecommunications system. The Telephone Company's facilities and
Transmission Media used in or incident to the provision of
telecommunications service and to the maintenance of a
telecommunications business by the Telephone Company in the
City shall remain as now constructed, subject to such changes as
under the conditions prescribed in this Ordinance may be considered
necessary to the public health and safety by the City in the
exercise of its lawful police powers and such changes and
extensions as may be considered necessary by the Telephone Company
in the pursuit of its telecommunications business. The terms of
this Ordinance shall apply throughout the City, and shall include
the provision of telecommunications services in any newly annexed
areas upon the effective date of such annexation.
SECTION 3. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS
All poles to be placed shall be of sound material and reasonably
straight, and shall be so set that they will not interfere with the
flow of water to any gutter or drain, and so that the same will
interfere as little as practicable with the ordinary travel on the
street or sidewalk. The location and route of all poles, stubs,
guys, anchors, conduits, cables and any other facilities to be
placed and constructed by the Telephone Company in the construction
and maintenance of its telecommunications system in the City, and
the location of all conduits to be laid by the Telephone Company
within the limits of the City under this Ordinance, shall be
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subject to the reasonable and proper regulation , control and
direction of the City Councilor of any City official to whom such
duties have been or may be delegated.
Nothing in this Ordinance is intended to add to or detract from any
authority granted by the Legislature of the State of Texas to the
City.
SECTION 4.
ATTACHMENTS TO POLES AND SPACE IN DUCTS
Nothing contained in this Ordinance shall be construed to require
or permit any pole attachments for electric light or power wires or
communications facilities or systems not provided by the Telephone
Company to be attached to the Telephone Company's poles or other
physical plant or placed in the Telephone Company's conduit. If
the City desires pole attachments for electric light or power wires
or communications facilities or systems not provided by the
Telephone Company, or if the City desires to place communications
facilities or systems not provided by the Telephone Company in any
Telephone Company duct, then a further separate, noncontingent
agreement shall be prerequisite to such attachment(s) or such use
of any duct by the City. Nothing contained in this Ordinance shall
obligate or restrict the Telephone Company in exercising its rights
voluntarily to enter into pole attachment, pole usage, joint
ownership or other wire space or facilities agreements with light
and/or power companies or with other wire-using companies which are
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authorized to operate within the City.
SECTION 5.
STREETS TO BE RESTORED TO GOOD CONDITION
The surface of any street, avenue, alley, highway, viaduct or
public ground within the City disturbed by the Telephone Company in
building, constructing, renewing, or maintaining its
telecommunications system shall be restored to substantially the
same state and condition as the same existed prior to disturbance
by the Telephone Company within a reasonable time after completion
of the work in compliance with the applicable provisions of the
Code of Ordinances and maintained to the satisfaction of the City
Council, or of any City official to whom such duties have been or
may be delegated, for a period of one (1) year following completion
of the restoration, after which time responsibility for the
maintenance shall revert to the City. No such street, avenue,
alley, highway, viaduct or public ground shall be encumbered for a
longer period than shall be necessary to execute the work.
SECTION 6.
TEMPORARY REMOVAL OF AERIAL WIRES
The Telephone Company on the request of any person shall remove or
raise or lower its wires within the City temporarily to permit the
moving of houses or other bulky structures. The expense of such
temporary removal, raising or lowering of wires shall be paid by
the benefitted party or parties, and the Telephone Company may
require such payment in advance. The Telephone Company shall be
given not less than forty-eight (48) hours advance notice to
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arrange for such temporary wire changes. The clearance of w~res
above ground shall conform to the basic standards of the National
Electrical Safety Code, National Bureau of Standards, united States
Department of Commerce, as promulgated at the time of erection
thereof.
SECTION 7.
TREE TRIMMING
In the pursuit of maintaining its telecommunications system, the
Telephone Company, its contractors, agents, successors and assigns
shall have the right to trim trees upon and overhanging the
streets, avenues, alleys, bridges, viaducts and public grounds of
the City, so as to prevent the branches of such trees from coming
in contact with the wires, cables or other facilities of the
Telephone Company, and when so ordered by the City, said trimming
shall be done under the supervision and direction of the City
Councilor of any City official to whom said duties have been or
may be delegated.
SECTION 8.
COMPENSATION TO THE CITY
(a) As compensation for the Telephone Company's use and occupancy
of the City's rights-of-way and for the City's oversight and
supervision of such use and occupancy, in consideration for all
other agreements and promises made herein by the City and in lieu
of and in full compensation for any lawful tax, license, charge,
right-of-way permit fee or inspection fee, whether charged to the
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Telephone Company or its contractor(s), or any right-of-way
easement or street or alley rental or franchise tax or other
character of charge for the use and occupancy of the rights-of-way
within the City, except the usual general ad valorem taxes, special
assessments in accordance with State law or sales taxes now or
hereafter levied by the City in accordance with State laws, the
City hereby imposes upon the Telephone Company, and the Telephone
Company agrees to pay, an annual fee (the "Annual Fee".) The
amount of the "Annual Fee" for the first twelve month period
("year") following the effective date of this Ordinance shall be
$50,000. In no event shall the "Annual Fee" be less than the above
amount for each year this Ordinance is in effect, except as
provided in the case of disannexation as set forth in paragraph
8(e), or as provided in Section 13 herein.
The Telephone Company will bill the "Annual Fee" pro rata, to its
customers residing within the corporate limits of the City. The
,\,.
pro rata charge to each customer shall be calculated as follows:
Not later than the date the Telephone Company accepts this
Ordinance, and three months prior to each subsequent anniversary
date of this Ordinance, the Telephone Company shall determine the
"Customer Fee." To determine the "Customer Fee", the "Annual Fee"
shall be divided by twelve (12); the result shall then be divided
by the sum of the weighted local exchange access lines as
determined by applying appropriate allocation factors to the number
of access lines in each class of service. The resultant will be
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the "Customer Fee." For purposes of this calculation, "local
exchange access lines" shall be defined as residence, single line
business, multi-line business, Centrex, Centranet, key lines and
PABX trunks. The number of such access lines shall be determined
for the end of the month prior to the month in which this agreement
is finally passed by the City. Each residential customer shall pay
for each residential local exchange access line, a monthly amount
",.
equal to the "Customer Fee." Each business customer shall pay for
each business local exchange access line a monthly amount weighted
and calculated according to the business customer's class of
service.
The Telephone Company shall annually adjust its billings to
customers to account for any undercollection or overcollection of
the "Annual Fee" due the City.
'\\'
For the second and subsequent years while this Ordinance remains in
effect, the "Annual Fee" shall be increased by a Growth Factor of
six (6) percent per year. This adjustment for the Growth Factor
will be made effective as of each anniversary date of this
Ordinance.
(b) The "Annual Fee" for each year shall be paid in four equal
payments. The due dates shall be February 28, May 31, August 31
and November 30 of each year. The first payment under this
Ordinance is due on May 31, 1994. In the event of any over or
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undercollection from customers, then the Telephone Company may make
a pro rata credit or charge to the customer billing for affected
customers at the end of each calendar year. No such adjustment may
be made more than 150 days following the date of expiration of this
Ordinance. If, however, it is impractical to credit any
overcollection to customers, then such overcollection shall be paid
to the City and credited to the next year's "Annual Fee", and the
Customer Fee appropriately adjusted to reflect such credit.
(c) Payment of the "Annual Fee" shall not relieve the Telephone
Company from paying all applicable municipally-owned utility
service charges. Should the City not have the legal power to agree
that the payment of the foregoing charge shall be in lieu of the
taxes, licenses, charges, rights-of-way permit or inspection fees,
rentals, rights-of-way easements or franchise taxes as described in
Section 8(a) above, then the City agrees that it will apply so much
of such payments as may be necessary to the satisfaction of the
Telephone Company's obligation, if any, to pay any such taxes,
licenses, charges, rights-of-way permit or inspection fees,
rentals, rights-of-way easements or franchise taxes.
(d) In the event that either (1) territory within the boundaries of
the City shall be disannexed and a new incorporated municipality
created which includes such territory or (2) an entire, existing
incorporated municipality shall be consolidated or annexed into the
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City, then notwithstanding any other provision of this Ordinance,
the Annual Fee shall be adjusted. To accomplish this adjustment,
within sixty (60) days following the action effecting a
disannexation/annexation as described above, the City shall provide
the Telephone Company with maps of the affected area(s) showing the
new boundaries of the City.
In the event of an annexation as described above, the Annual Fee
paid to the City will be adjusted to include the amount of the
Annual Fee paid by the Telephone Company to the existing
incorporated municipality being annexed. In the event that the
annexed municipality had no ordinance imposing an Annual Fee or in
the event of a disannexation, then the adjustment to the Annual Fee
will be made based on the City's net gain or loss of telephone
subscribers using the same methodology prescribed in section 10(a)
above. The effective date of the adjustment shall be within 120
days following the annexation/disannexation action by the City,
provided that the City will have supplied the appropriate
annexation/disannexation maps to the Telephone Company in
accordance with the provisions herein.
SECTION 9.
SUCCESSORS AND ASSIGNS
The rights, powers, limitations, duties and restrictions herein
provided for shall inure to and be binding upon the parties hereto
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and upon their respective successors and assigns.
SECTION 10.
PERIOD OF AGREEMENT
This agreement shall be in full force and effect for the period
beginning with the effective date hereof and ending five (5) years
after such date. This Ordinance shall be extended for an
additional five (5) year period unless either party notifies the
other party in writing, delivered no less than ninety (90) days
prior to the last day of the initial term, that it declines to
renew this Ordinance.
SECTION 11.
MUTUAL RELEASES
The City hereby fully releases, discharges, settles and compromises
any and all claims which the City has made or could have made
arising out of or connected with Ordinance Number 80-17, adopted
November 11, 1980, and renewed or extended from time to time
thereafter, and its predecessor ordinances, if any, (hereinafter
referred to collectively as "Ordinance 80-17" This full and
complete release of claims for any matters under Ordinance 80-17
shall be for the benefit of GTE Southwest Incorporated; its parent;
its affiliates; their directors, officers and employees; successors
and assigns; and includes any and all claims, actions, causes of
action and controversies, presently known or unknown, arising
directly or indirectly out of or connected with the Telephone
Company's obligations to the City pursuant to the provisions of
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Ordinance 80-17. GTE Southwest Incorporated, its parent,
affiliates, successors and assigns hereby fully release, discharge,
settle and compromise any and all claims, actions, causes of action
or controversies heretofore made or which could have been made,
known or unknown, against the City, its officers or its employees,
arising directly or indirectly out of or connected with any matters
under Ordinance 80-17.
It is the intent of the City and the Telephone Company to enter
into the foregoing mutual releases in order to reach a compromise
that is acceptable to both the City and the Telephone Company.
This Ordinance and the mutual release set forth in this Section
represent a compromise of each party's claims as well as each
party's defenses, and is not intended to be and is not an admission
of liability or vulnerability by either party to the other with
respect to either the claims or the defenses asserted or which
could be asserted against the other.
SECTION 12.
FUTURE CONTINGENCIES
Notwithstanding anything contained in this Ordinance to the
contrary, in the event that (1) this Ordinance or any part hereof,
(2) any tariff provision by which the Telephone Company seeks to
collect the charge imposed by this Ordinance, or (3) any procedure
provided in this Ordinance, or (4) any compensation due the City
under this Ordinance, becomes, or is declared or determined by
judicial, administrative or legislative authority exercising its
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jurisdiction to be excessive, unrecoverable, unenforceable, void,
unlawful or otherwise inapplicable, in whole or in part, the
Telephone Company and the City shall meet and negotiate in good
faith to obtain a new ordinance that is in compliance with the
authority's decision or enactment; and, unless explicitly
prohibited, the new ordinance shall provide the City with a level
of compensation comparable to that set forth in this Ordinance so
long as such compensation is recoverable by the Telephone Company
in a mutually agreed manner permitted by law for the unexpired
portion of the term of this Ordinance.
SECTION 13. GOVERNING LAW
(a) This Ordinance shall be construed in accordance with the City
Charter and City Codes in effect on the date of passage of this
Ordinance to the extent that such Charter and Codes are not in
conflict with or in violation of the Constitution and laws of the
United States or the State of Texas.
(b) This Ordinance shall be construed and deemed to have been
negotiated at arms length and drafted by the combined efforts of
the City and the Telephone Company.
SECTION 14.
ALTERNATE DISPUTE RESOLUTION
(a) Notwithstanding any other provision of this Agreement, the
Parties hereto agree that any claim, cause of action or other
dispute based upon or arising out of this Agreement (a "dispute")
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shall be conducted, decided, determined and/or resolved pursuant to
and in accordance with the provisions of this section. The parties
desire to resolve disputes arising out of this Ordinance without
litigation. Accordingly, in the event of any dispute hereunder,
the parties hereto agree to attempt in good faith to resolve their
dispute between themselves. At the written request of a party,
each party will appoint a knowledgeable, responsible representative
to meet and negotiate in good faith to resolve any dispute arising
under this Ordinance. The parties intend that these negotiations
be conducted by non-lawyer, business representatives.
(b) Except for action seeking a temporary restraining order or
injunction related the purposes of this Ordinance, or suit to
compel compliance with this dispute resolution process, the parties
agree to use the following alternative dispute resolution
procedure, and also agree not to sue any party to this Ordinance
with respect to any controversy or claim arising out of or relating
to this Ordinance or its breach prior to exhausting the procedures
set out in this Section.
(c) In the event of any dispute hereunder, the Parties hereto
agree to attempt in good faith to resolve their dispute between
themselves. If the Parties are unable to settle their dispute
within sixty (60) days of the initial request, either party may, on
written notice to the other party, initiate non-binding mediation
before a single mediator affiliated with Judicial Arbitration and
Mediation Services, Inc. ( "JAMS" ) in Dallas County, Texas, or
another mediation service mutually agreeable to the parties.
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Mediation is a forum in which an impartial person, the Mediator,
facilitates communication between the Parties to promote
reconciliation, settlement, or understanding among them. A
Mediator may not impose his own judgment on the issues for that of
the Parties. Unless expressly authorized by the Parties, the
Mediator may not disclose to either party information given in
confidence by the other and shall at all times maintain
confidentiality with respect to communications relating to the
subject matter of the dispute. Unless the Parties agree otherwise,
all matters, including the conduct and demeanor of the Parties and
their counsel during mediation, are confidential and shall be
inadmissible as settlement discussion pursuant to Rule 408 of the
Federal Rules of Evidence or the applicable state rules. The
Mediator shall be selected by agreement of the Parties within
thirty (30) days after a Party first requests mediation of the
other. If a single mediator cannot be agreed upon, then each Party
shall select its own Mediator from those on the JAMS or other
mutually acceptable mediation service's approved list; those two
mediators will then select a third independent Mediator who will
conduct the mediation session ( s ) . The Mediator's fees will be
borne equally by both Parties. In the event mediation is
requested, the applicable statutes of limitations shall be
automatically tolled until the Mediator declares an impasse.
SECTION 15.
LIMITATIONS PERIOD
The City and the Telephone Company mutually agree that any dispute,
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claim or cause of action one party may have against the other party
arising from or in any way related to this Agreement must be
brought to the attention of the other party, by written notice
received no later than four (4) years from the date of the act or ~
omission giving rise to the dispute, claim or cause of action;
otherwise, such dispute, claim or cause of action shall be waived
and the party asserting such dispute, claim or cause of action
shall be barred from pursuing the same.
SECTION 16.
EXCLUSION OF VIDEO SERVICES
This Ordinance does not authorize the Telephone Company to provide
cable television or other video programming service as a cable
operator in the City.
SECTION 17. INDEMNITY
The Telephone Company shall indemnify and hold the City harmless
from all costs, expenses (including reasonable attorney's fees) and
damages to persons or property arising directly or indirectly out
of the construction, maintenance or operation of the Telephone
Company's facilities, to the extent such costs, expenses and
damages are found to be caused by the negligence of the Telephone
Company. The Telephone Company shall have no duty to indemnify the
City for any costs, expenses, or damages to the extent such costs,
expenses, or damages are found to be caused by the negligence of
any other person or entity. This provision is not intended to
create a cause of action or liability for the benefit of third
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parties but is solely for the benefit of the Telephone Company and
the City.
SECTION 18.
REPEAL OF CONFLICTING PROVISIONS
All other ordinances and agreements and parts of agreements and
ordinances in conflict with the provisions of this Ordinance,
specifically including, without limitation, Ordinance No. 80-17,
are hereby repealed.
SECTION 19.
VENUE
Venue for any proceeding under this Agreement shall be in Collin
County, Texas.
SECTION 20.
NOTICE
For any purposes related to this Ordinance, notice to the City
shall be to:
City Manager
City of Wylie, Texas
P. O. Box 428
Wylie, Texas 75098
Notice to the Company shall be to:
Area Manager-Municipal Affairs
GTE Southwest Incorporated
P.O. Box 1001 MC TXD01214
San Angelo, TX 76902
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Notice will be effective upon delivery at the above addresses until
the City or the Company notifies the other, in writing, of a change
of address.
SECTION 21. PARTIAL INVALITY AND REPEAL PROVISIONS
If any Section, sentence, clause or phrase of this Ordinance is for
any reason held to be illegal, ultra vires or unconstitutional,
such invalidity shall not affect the validity of the remaining
portions of this Ordinance.
Section 22. MOST FAVORED CITY PROVISION
This ordinance governing street use may be amended at any time by
the mutual written agreement of the City and the Telephone Company.
It is understood that the Telephone Company is currently in the
process of negotiating similar ordinances and agreements with other
cities throughout the State. It is understood and agreed if an
ordinance or agreement governing street use with another city in
this state contains a provision which the City feels would be more
advantageous to it than the terms hereof, the City may require that
portion of this Ordinance be reopened for negotiation and the
Telephone Company agrees to amend this Ordinance so as to provide
similar provisions for the City. The intent of the parties is that
the City will be entitled to treatment comparable to that which was
afforded under the ordinance or agreement with the other city
giving due consideration to the contextual meaning of the provision
on which renegotiation is sought and the effect of the proposed
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amendment result in a higher level produced by the methodologies
utilized by the Telephone Company to calculate compensation to
other cities ~n Texas nor may an amendment be applied
retroactively.
For the purpose of this section, the Telephone
Company shall, on request of the City, provide the City a copy of
any street use ordinance, franchise or similar agreement it enters
into with any Texas city during the term of this ordinance.
SECTION 23.
ACCEPTANCE OF AGREEMENT
The Telephone Company shall have sixty (60) days from and after the
passage and approval of this Ordinance to file its written
acceptance thereof with the City Secretary. Upon such filing, this
Ordinance shall take effect and the effective date of this
Ordinance shall be deemed to be the first day of the calendar
quarter in which the acceptance is filed and it shall be in force
from and after such date, and shall effectuate and make binding the
agreement provided by the terms hereof.
APPROVED this
, A.D. 19...1L.
ATTEST:
~f1/~/.v
City Sere ary
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The City, acting herein by its duly constituted
authorities, hereby waives the three separate meetings and hereby
declares the foregoing Ordinance passed and finally effective as of
this day of , 19
MAYOR
Council Member
Council Member
Council Member
Council Member
Council Member
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The above and foregoing ordinance read, adopted on first reading
amJ/ .Gassed to{i)e~ing bY;7it',e following votes,. this the
~day of J J , 19,. , at a regular sess~on of the
City Council.
~
fli1uJ
c4tUW~
71~
~
voting d?k
/1 (/
voting ~
a~
Mayor, voting
Council Member,
Council Member,
Council Member, voting
Council Member, voting
Council Member, voting
The above and foregoing ordinance readiJa opted on the second
re~ding ~~eeea ~e~~~reeaiR~-~ the following vot7s,
th~s the day of , 19lf , at a regular sess~on
of the City Council.
~ Mayor, voting
Council Member,
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
~ II
e an foregoing ordinance read, adopt the third
the following votes, this the day of
, 19___, at a regular session of the City Council.
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
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STATE OF TEXAS
s
s
s
COUNTY OF COLLIN
....
I, ~ ~~ , Cit.y Secret.ary of t.he City
of Wylie, Texas, do er y ertify that the above and foregoing is
a true and correct copy of the right-of-way rental agreement
between the City of Wylie, Texas, and GTE Southwest Incorporated as
indicated herein. The same is now recorded in Volume , Page
____, of the Ordinance Records of the City of Wylie, Texas.
^_ {,ITNESS MY HAND this the l!tLday of fA(1'~
A.D. 19...:flf
,
....
~~t/f~
Ci S re ary
(Seal)
24
12/13/93
ACCEPTANCE
WHEREAS, the City Council of the City of Wylie, Texas, did
on the II#. day of 6/JJJUAA-.,'1 , 194, enact an Ordinance
entitled:
AN ORDINANCE WHEREBY THE CITY OF WYLIE, TEXAS, AND GTE
SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE
COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN
AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE STREETS,
AVENUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF
THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND
OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR
CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER
COMMUNICATION SERVICES IN SAID CITY AND FOR CONDUCTING A
GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS;
PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC
RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S
TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE ANNUAL
COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PROVIDING
AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING
FOR ASSIGNMENT; FOR A PERIOD OF AGREEMENT; FOR FUTURE
CONTINGENCIES; FOR REPEAL OF CONFLICTING ORDINANCES; FOR
EXCLUSION OF VIDEO SERVICES; FOR RELEASE OF ALL CLAIMS
UNDER PRIOR ORDINANCES; FOR ALTERNATE DISPUTE RESOLUTION;
FOR A LIMITATIONS PERIOD; FOR VENUE; AND FOR METHOD OF
ACCEPTANCE;
and ~
WHEREAS , s~~ Ordinance was on the II day of
~NuA~V , 19~ 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, GTE Southwest
Incorporated hereby accepts said Ordinance and files this its
written acceptance with the City Secretary of the City of Wylie,
Texas, in his office.
Dated this ~
day of ~~
, A.D. 1911.
GTE SOUTHWEST INCORPORATED
By:
25
12/13/93
Accept.anc7 f)~ in t.~ the Cit.~pecretary of Wylie,
Texas, th~s day 0 A.D. 19~.
~
/1{c*;/4~tary
26
12/13/93