HomeMy WebLinkAboutOrdinance No. 95-13 • f , t
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ORDINANCE NO. 9 5-13
AN ORDINANCE WI�REBY THE CITY OF FRIENDSWOOD,TEXAS,AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR
TI�PURPOSE OF OPERATING I'TS TELECOMMLJNICATIONS BUSINFSS,
THE TELEPHONE COMPANY SHALL MAINTAIl�T AND CONSTRUCT ITS
POLFS, WIRES, ANCHORS, FIBER, CABLFS, MANHOLFS, CONDUITS,
AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG,
ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC
STREETS, Ati�?NUFS, HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGFS, OR
PUBLIC PROPERTY IN SAID CTTY; PRESCRIBING TI� ANNUAL
COMPENSATION DUE TI� CITY UNDER THIS ORDINANCE;
PRESCRIBING TI� CONDITIONS GOVERNING TI� USE OF PUBLIC �
RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN
CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE
TELEPHONE COMPANY'S TELECOI�Il1�ii.TivICATIONS BUSINFSS;
PROVIDING AN INDEMNITY CLAUSE;SPECIFYIl�TG GOVERNING LAWS;
PROVIDING FOR A RELEASE OF ALL CLAIMS; PROVIDING FOR
WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE
COMI'ANY;AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE.
* * * * *
WHEREAS, Southwestern Beli Telephone Company (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 Friendswood, 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 powers granted by and under said laws
to the CITY and as reflected in prior ordinances of 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 No. 7,
adopted on July 5, 1961, which provided compensation to the CITY for that agreement based
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upon a percentage of gross receipts received by the TELEPHONE COMPANY from certain
services rendered within the corporate limits of the CTTY; and
WHEREAS, certain disputes have arisen regarding those prior ordinances and it is
recognized by the parties 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 the Federal Communications Commission
("FCC"), along with regulatory requirements of the Texas Public Utility Commission ("PUC"),
have caused the traditional method of determining the amount of compensation to municipalities
to become administratively impractical for telecommunications utilities. In order to resolve these
issues in a manner satisfactory 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 further litigation which otherwise
would be necessary to resolve the 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 CTTY in the future; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE
OF TEXAS:
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Section 1. P_ urpose. Pursuant to the laws of the $tate of Texas, the CITY Charter,
and this Ordinance, the TELEPHONE COMPANY has the NON-EXCLUSIVE right and
privilege to use the public RIGHTS-OF-WAY in the CITY for the operation of a
telecommunications system, subject to the restrictions set forth herein. The TEI.EPHONE
COMPANY may use such RIGHTS-OF-WAY for its telecommunications FACILTTIFS. The
TELEPHONE COMPANY's FACILITIFS 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 powers and
such changes and extensions as may be considered necessary by the TEI.EPHONE COMPANY
in the pursuit of its telecommunications business. The terms of this Ordinance shall apply
throughout the CITY, and to all operations of the TELEPHONE COMPANY within the CITY,
and shall include all operations and FACII.ITIES used in whole or in part in the provisions of
telecommunications services in newly annexed areas upon the effective date of any annexation.
Section 2. Additional Authority Required. The TELEPHONE COMPANY is not
authorized to provide cable television service as a cable operator in the CITY under this
Ordinance, but must first obtain a franchise from the CITY for that purpose, under such terms
and conditions as may be required by law.
Section . Definitions. Whenever used in this Ordinance, the following words and
terms shall have the definitions and meanings provided in this Section:
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A. FACILITIFS: all TELEPHONE COMPANY duct spaces, manholes, poles,
conduits, underground and overhead passageways, and other equipment, structures and
appurtenances, and all associated TRANSMISSION MEDIA.
B. USE: the TEI,EPHONE COMPANY's acquisition, construction, reconstruction,
maintenance, or operation of any FACII.ITIFS in, over, under, along, through or across the
public RIGHTS-OF-WAY, for any telecommunications purpose whatsoever.
C. CITY: the City of Friendswood, Texas.
D. RIGHTS-OF-WAY: all present and future streets, avenues, highways, alleys,
bridges, and public ways within the city limits of the CITY.
E. TRANSMISSION MEDIA means all TELEP�iONE 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, data, or other
telecommunications purposes.
F. NON-EXCLUSNE: no rights�provided in this Ordinance by the CTTY shall be
exclusive, and the CITY reserves the right to grant franchises, licenses, easements or
permissions to use the public RIGHTS-OF-WAY within the CITY to any person or entity as the
CITY, in its sole discretion, may determine to be in the public interest.
G. TELEPHONE COMPANY: Southwestern Bell Telephone Company.
H. STIPULATION OF SETTLEMENT: as filed by the Settlement Class and Settling
Defendants in connection with Cause No. D-142,176 in the 136th District Court of Jefferson
County, Texas.
Section 4. Term.
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A. Subject to Paragraph 4B below, tfiis Ordinance shall continue for a period of two
(2) years from the effective date hereof; provided that at the expiration of the initial period, such
term shall be automatically extended for successive periods of one(1)year, unless written notice
of intent to terminate this agreement is given by either party not less than ninety (90) days prior
to the expiration of the then current period. When such notice is given, this agreement shall
terminate at the expiration of the then cunent period.
B. Notwithstanding the term set out in Paragraph 4A above, this Ordinance shall
terminate if Final Approval does not occur as set forth in the STIPULATION OF
SETTL�.
Section 5. Supervision by City of Location of Poles and Conduits. All poles placed
shall be of sound material and reasonably straight, and shall be set so that they will not interfere
with the flow of water in any gutter or drain, and so that the sa.me will not unduly interfere with
ordinary travel on the streets or sidewalks. The CTTY shall have the option, but not the
obligation, to exercise any and all lawful, reasonable, and proper control related to the location
and route of all poles, stubs, guys, anchors, conduits, fiber, and cables placed and constructed
by the TELEPHONE COMPANY in the construction and maintenance of its telecommunications
system in the CTTY. ' -
Secrion 6. 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
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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 attachments or such use
of any duct by the CITY. Nothing containetl 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 authorized to operate within the CITY.
Section 7. Streets to be Restored to Pre-existing Condition. The surface of any street,
alley, avenue, highway, or public place disturbed by the TELEPHONE COMPANY in building,
constructing, renevving, or maintaining its telecommunications system shall be restored within
a reasonable time after the completion of the work to as good a condition as before the
commencement of work 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 one (1) year from the date the
surface of said street, alley, avenue, highway, or public place is broken for such construction
or maintenance work, after which time responsibility for the maintenance shall become the duty
of the CITY; provided, however, that the T'ELEPHONE COMPANY shall not take up or
excavate any pavement at any time without first securing permission, in writing, of the CITY
Manager or his nominee except in cases of emergencies; and provided further, that all
excavation and installation so made shall be performed in such a manner as will cause the least
inconvenience to the public. No street, atley, avenue, highway, or public place shall be
encumbered for a longer period than shall be necessary to execute the work.
Section 8. Temvorary Rearran�ement of Aerial Wires. Upon request, the
TELEPHONE COMPANY shall remove or raise or lower its aerial wires, fiber, or cables
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temporarily to permit the moving of houses or other bulky structures. The expense of such
temporary rearrangements shall be paid by the party or parties requesting them, and the
TELEPHONE COMPANY may require payment in advance. The TELEPHONE COMPANY
shall be given not less than forty-eight(48) hours advance notice to arrange for such temporary
rearrangements.
Section 9. Tree Trimmine. The right, license, privilege, and permission is hereby
granted to the TELEPHONE COMPANY, its contractors and agents, to trim trees upon and
overhanging the streets, avenues, highways, alleys, sidewalks, and public places of the CTTY
so as to prevent the branches of such trees from coming in contact with the aerial wires, fiber,
or cables of the TELEPHONE COMPANY, and when so directed by the CITY, said trimming
shall be done under the supervision and direction of the CTTY or of any CTTY official to whom
said duties have been or may be delegated.
Section 10. Indemni . The T'ELEPHONE COMPANY shall indemnify and hold the
CITY harmless from all costs, expenses (including attorneys' fees), and damages to persons or
property arising direcfly or indirectly out of the construction, maintenance or operation of the
TELEP�IONE COMPANY's FACII,TTIFS located within the public RIGHTS-OF-WAY found
to be caused solely by the negligence of the TELEPHONE COMPANY. This provision is not
intended to create a cause of action or liability for the benefit of third parties but is solely for
the benefit of the TELEPHONE COMPANY and the CITY; nor is this provision intended to
abrogate the common law or statutory rights of either the CITY or the TELEPHONE
COMPANY to indemnity or contribution from the other.
Section 11. Administration of Ordinance.
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A. The CTTY may, at any time, make inquiries pertaining to this Ordinance and the
TELEPHONE COMPANY shall respond to such inquiries on a timely basis by providing
information which is prepared, maintained and available in the ordinary course of business.
B. Copies of specifically identified petitions, applications, communications, and
regorts submitted by the TELEPHONE COMPANY to the Federal Communications Commission
or the Public Utility Commission shall be provided to the CTTY upon request.
C. The CITY may establish, after reasonable notice, such rules and regulations as
may be appropriate for the administration of this Ordinance and the construction of the
TELEPHONE COMPANY's FACII.ITTFS on CTTY property to the extent permitted by law.
Section 12. Compensation to the Citv.
A. As compensation for the use, occupancy, oversight, supervision, and regulation
of the CITY'S RIGHTS-OF-WAY and for any other consideration provided by the CITY under +
this agreement, and in lieu of and in full compensation for any lawful tax or license or charge
or RIGHT-OF-WAY permit fee or inspection fee, whether charged to the TELEPHONE
COMPANY or its contractor(s), or any RIGHT-OF-WAY easement or street or alley rental or
franchise ta�c or other character of charge for 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 taJCes now or hereafter levied by the CTTY in accordance with State law,
the CITY hereby imposes a Charge upon the gross receipts (has hereinafter defined) of the
TELEPHONE COMPANY. The amount of the Charge for the first year this Ordinance is in
effect shall be $133,000.00. For subsequent years, while this Ordinance remains in effect, the
above Charge is subject to adjustment by application of the Growth Factor set out in Paragraph
12C. In no event shall such Charge be less than the above amount for each year this Ordinance
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is in effect, except as provided in the case of disannexation as set forth in Paragraph 12E, or as
provided in Section 16 herein.
The TELEPHONE COMPANY will, according to tariff, bill such Charge to the
customers billerl the customer service charges included within the term "Gross Receipts," as
defined herein. Gross Receipts, for the purposes of this Charge, shall include only customer
service charges which meet all four of the following conditions:
(1) such charges are for TELEPHONE COMPANY services provided within
the CITY;
(2) such charges are billed through the TELEPFIONE COMPANY's Customer
Records Information System ("CRIS");
(3) such charges are the recurring charges for the local exchange
access rate element specified in the TELEPHONE COMPANY's tariffs filed with
the PUC; and
(4) such charges are subject to an interstate end user common line
("EUCL") charge as imposetl by the Federal Communications Commission
("FCC").
For the second and subsequent years while this Ordinance remains in effect, the above
Charge is subject to adjustment by application of the Growth Factor set out in paragraph 12C.
This adjustment for the Growth Factor will be made effective as of each anniversary date of this
Ordinance.
The TELEPHONE COMPANY shall adjust its billings to customers to account for any
undercollection or overcollection of the Charge due the CITY.
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B. The Charge for each year shall be paid in four (4) equal payments. The first
payment under this Ordinance shall be due on the last day of the fifth month following the
effective date hereof, with subsequent payments due on the last day of each third successive
month thereafter during the term of this Ordinance. In the event of any over or undercollection
from customers at the expiration of this Ordinance, the TELEPI�ONE COMPANY may make
a pro rata one-time credit or charge to the customer billing for affected customers who are billed
for a service included within Gross Receipts, as defined in paragraph 12(a). This will be
accomplished within 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.
C. The Growth Factor shall be calculated by dividing the TELEPHONE
COMPANY's revenues within the corporate limits of the CITY subject to state sales taxes
("Sales Tax Revenues") for the twelve-month period ending three (3) months prior to the next
anniversary date of this Ordinance by the Sales Tax Revenues for the twelve-month period
ending three (3) months prior to either the initial effective date or the preceding anniversary date
of this Ordinance, as applicable. The Growth Factor calculated by the method set forth in the
preceding sentence, if greater than one, shall be multiplied by the cunent year's Charge to
determine the dollar amount of the Charge for the next year. If the Growth Factor calculated
above is one or less, the Charge for the next year shall be equal to the current year's Charge.
The TELEPHONE COMPANY will adjust its customer billing to account for the Growth Factor
calculated above.
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Once the Growth Factor calculation is completed, the TELEPHONE COMPANY will
provide the CITY with the Sales Tax Revenues upon which the Growth Factor calculation was
based.
The CITY agrees to rely upon audits by the Texas Comptroller of Public Accounts of
state sales taxes as reported by the TELEPHONE COMPANY which are performed in
compliance with Section 151.023 and 151.027 of the Texas Tax Code Annotated. The Growth
Factor shall be recomputed to reflect any final, nonappealable adjustments made pursuant to an
audit finding by the Texas Comptroller of an inaccuracy in the TELEPHONE COMPANY's
reports of revenues subject to state sales taxes. The Charge shall be recalculated using the
Growth Factor recomputed as sgecified in the preceding sentence, and the recalculated Charge
shall be used for all future calculations required by this Ordinance. Any overpayment or
underpayment resulting from such recalculation shall be subtracted from or added to the first
installment due the following year. If any overpayment or underpayment shall be due during
the final year of this Ordinance, then payment shall be made as follows. In the case of
overpayment by the TELEPHONE COMPANY, the CITY shall pay such overpayment to the
TELEPHONE COMPANY within 150 days following the expiration of this Ordinance and, in
the case of underpayment by the TELEPHONE COMPANY, the TELEPHONE COMPANY
shall pay such underpayment to the CITY within 150 days following the expiration of this
Ordinance.
D. Such payments 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 ta�ces, licenses, charges,
RIGHTS-OF-WAY permit or inspection fees, rentals,RIGHTS-OF-WAY easements or franchise
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taxes aforesaid, then the CTTY agrees that it will apply so much of such payments as may be
necessary to the satisfaction of the T'ELEPHONE 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. �
E. In the event that either (1) temtory within the boundaries of the CITY shall be
disannexed and a new incorporated municipality created within includes such territory or (2) an
entire, eacisting incorporated municipality shall be consolidated or annexed into the CTTY, then
notwithstanding any other provision of this Ordinance, the Charge shall be adjusted. To
accomplish this adjustment, within thirty days following the action effecting a
disannexation/annexation as described above, the CITY shall provide the 1'ELEPHONE
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 Charge for the CITY will be
adjusted to include the amount of the payment by the TELEPHONE COMPANY to the existing
incorporated municipality being annexed. In the event that the annexed municipality had no
ordinance imposing a Charge or in the event of a disannexation, then the adjustment to the
Charge will be calculated using the effective date of the imposition of local sales taxes as
determined by the Texas Comptroller of Public Accounts. The adjustment shall be the percent
increase/decrease in the TELEPFIONE COMPANY's Gross Receipts as defined herein for the
CITY for the first calendar month following the local sales talc effective date compared to the
last month prior to such effective date. This adjustment to the Charge will be made on the first
day of the second month following the local sales tax effective date and the adjusted Charge shall
be prorated from that date through the remainder of the payment year. The Charge as adjusted
shall be used for all future calculations required by this Ordinance.
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Section 1 . Assi�nment of Ordinance. This Ordinance and any rights or privileges
hereunder shall not be assignable to any other entity without the express consent of the CITY.
Such consent shall be evidenced by an ordinance which shall fully recite the terms and
conditions, if any, upon which such consent is given.
Section 14. Mutual Releases. Upon Final Approval, as defined in the STIPULATION
OF SETTLEMENT, 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 No. 7, adopted July 5, 1961, and renewed or extended from time to time thereafter,
and its predecessor ordinances, if any, (hereinafter referred to collectively as "Ordinance No.
7"). This full and complete release of claims for any matters under Ordinance No. 7 shall be
for the benefit of Southwestern Bell Telephone Company, its parent, its affiliates, their directors,
officers, attorneys, 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 CTTY
pursuant to the provisions of Ordinance No. 7. Upon Final Approval as defined in the
STIPULATION OF SETTI.EMENT, Southwestern Bell Telephone Company, its parent, its
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, lrnown or unknown, against the CITY, its officers, attorneys or its employees, arising out
of or connected with any matters under Ordinance No. 7.
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 releases set forth in this Section
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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 wlnerability by either party to the other
with respect to either the claims or the defenses asserted against the other.
Secrion 1 . Adoprion of STIPULATION OF SETTLEMENT. The CITY hereby
adopts, ratifies, confirms, and agrees to be bound by the terms of the STIPULATION OF
SETTLEMENT in Cause No. D-142,176 in the 136th Judicial District Court in and for Jefferson
County, Texas (the "Class Litigation"), in its entirety, in all respects as if the CTTY were an
original signatory thereto. The CITY acknowlerlges that as a member of the Settlement Class
in the Class Litigation it has receiverl and reviewed the STIPULATION OF SETTI.EMENT and
that the CITY has had access to and/or has consulted counsel, to the extent that it desired to do
so, in connection with its evaluation of the ST'IPULATION OF SETTLEMENT.
Section 16. Repeal of Conflicting Ordinances and Agreements. Ordinance No. 7,
adopted July 5, 1961, is hereby repealed; providetl, however, such repeal shall take effect at
11:59 p.m. on the day immediately preceding the effective date specified in the Section of this
Ordinance entifled "ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE." The final
payment (including payment for any partial year) under Ordinance No. 7 shall be due sixty (60)
days following the effective date of this Ordinance, as set out in Secfion 19 hereof. All other
ordinances and agreements and parts of ordinances and agreements in conflict herewith are also
repealed, to the extent of such conflict only, which repeal shall take effect at the time and on
the date specified in the preceding sentence.
Section 17. Future Contin�encX.
A. Notwithstanding anything contained in this Ordinance to the contrary, in the event
that (a) this Ordinance or any part hereof, (b) any tariff provision by which the TELEPHONE
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COMPANY seeks to collect the Charge imposed by this Ordinance, or (c) any procetiure
provided in this Ordinance, or (d) any compensation due the CITY under this Ordinance,
becomes, or is declared or determined by a judicial, administrative or legislative authority
exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or
otherwise inapplicable, in whole or in part, the TELEPHONE COMPANY and CTTY shall meet
and negotiate 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 provided that 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.
B. Notwithstanding anything contained in the preceding paragraph to the contrary,
the CITY and TELEPHONE COMPANY agree that in the event this Ordinance is submitted for
review to any court in which the currently existing case styled Ciry of Port Arthur, et al. v.
Southwestern Bell Telephone Company, et al., Cause No. D-142,176 in 136th 7udicial District
Court, Jefferson County, Texas, is pending, the CITY and TELEPHONE COMPANY agree to
take any and all actions reasonably necessary to obtain approval and ratification of this
Ordinance by the court.
Section 18. Governing Law.
A. This Ordinance shall be constnied in accordance with the CTTY Charter and CITY
Code(s) in effect on the date of passage of this Ordinance to the extent that such Charter and
Code(s) are not in conflict with or in violation of the Constitution and laws of the United States
or the State of Texas.
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B. This Ordinance shall be construed and deemed to have been drafted by the
combined efforts of the CITY and the TELEPHONE COMPANY.
Section 19. Acceptance of A�reement and Effective Date. The CITY shall deliver a
properly certified copy of this Ordinance to the TELEPHONE COMPANY within three (3)
working days of its final passage. The TELEPHONE COMPANY shall file its written
acceptance of this Ordinance in accordance with the STIPULATION OF SETTLEMENT. This
Ordinance shall become effective beginning on the first day of the first calendar month which
begins not less than thirty (30) days after entry of Judgment, as defined in the STIPULAT'ION
OF SETTLEMENT.
PASSED AND APPROVED on first reading this 15 th day of Mav , 1995.
PASSED AND APPROVED on second reading this 5 th day of June ,
1995.
PASSED, APPROVED, AND ADOPTED on third and final reading this 19 th day of
JunP , 1995.
) ��/
Evelyn B. New an ,
Mayor
ATTEST:
o �"
Deloris McKen ie, C
City Secretary .
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