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ORD 1997-01ORDINANCE NO. 97-01 AN ORDINANCE WHEREBY THE TOWN OF TROPHY CLUB, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO. 91-15 TO PROVIDE FOR A LONGER TERM AND TO ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE CHANGES MADE BY THE PUBLIC UTILITY REGULATORY ACT OF 1995, 74TH LEG., R.S. CH, 231, TEX. SESS. LAW SERV. 2017 (VERNON) (TO BE CODIFIED AS TEX. REV. CIV. STAT. ANN. ART. 1446C-0). WHEREAS, the Town of Trophy Club, hereinafter referred to as the "CITY", adopted and approved Ordinance No. 91-15 on December 1, 1991, which was accepted by Southwestern Bell Telephone Company, hereinafter referred to as the "TELEPHONE COMPANY", on March 31, 1992; and WHEREAS, TELEPHONE COMPANY and the CITY desire to extend the term of Ordinance No. 91-15 as provided in this Ordinance; and WHEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE COMPANY that the term of Ordinance No. 91-15 be extended; and WHEREAS, it is recognized by the parties that provisions set forth in Ordinance No. 91-15 may create legal issues with respect to the CITY's compliance with Section 3.2555 of the Public Utility Regulatory Act of 1995 effective September 1, 1995, hereinafter referred to as the "Revised PUP -A"; the parties agree and intend that this amendment to Ordinance No. 91-15 constitutes an interim arrangement to accommodate the needs of the parties, pending clarification of the interpretation and application of the Revised PURA. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. Section 4 of Ordinance No. 91-15 entitled TERM is hereby amended to read as follows: This ordinance shall be in force and in effect from April 1, 1997, through March 31, 1998, unless earlier terminated pursuant to Section 16, provided that at the expiration of this 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 termination of the then current period. When such notice is given this agreement shall terminate at the expiration of the then current period. Secf;on 2. Section 16 of Ordinance No. 91-15 entitled FUTURE CONTINGENCY is hereby amended to add the designation "(a)" before the existing paragraph of that Section and to add paragraphs (b), (c) and (d) as set forth below: (b) Both parties agree that the extension of this Ordinance is an interim arrangement and is not intended to be used, and will not be cited or referred to by either party, as evidence of what is in compliance with the requirements of Section 3.2555 of the Revised PURA. TELEPHONE COMPANY and CITY both hereby reserve all arguments and/or positions as to the appropriate interpretation and application required by the Revised PURA. (c) The CITY agrees to provide written notice to the TELEPHONE COMPANY of an original application or an agreement thereto, for a consent, franchise or permit with the CITY for use of the RIGHTS- OF-WAY in the CITY for the provision of any telecommunications service within ten (10) days from receipt of such application. (d) Further, notwithstanding anything contained in this Ordinance to the contrary, both CITY and TELEPHONE COMPANY agree that either CITY or TELEPHONE COMPANY may terminate this Ordinance upon a minimum of thirty (30) days notice to the other party on or after the date that (1) any entity applies for an original of, or an amendment to, a consent, franchise or permit with the CITY for use of the RIGHTS-OF-WAY in the CITY for the provision of any telecommunications service; or (2) any entity with an existing consent, franchise, or permit for use of the RIGHTS-OF-WAY in the CITY files an application with the Public Utility Commission of Texas for a certificate of operating authority or a service provider certificate of operating authority which includes any geographic area which is wholly or partially within the corporate limits of the CITY. Section I. The TELEPHONE COMPANY shall have thirty (30) 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 April 1, 1997. Passed and approved hereof this 18th day of February , A.D., 1997. c of Trophy Club, Texas ATTEST: City Secretary I, Karen Sadri City Secretary of the Town of Trophy Club, Texas, do hereby certify that the foregoing is a true and correct copy of Ordinance Number 97-01 finally passed and approved by the Board of Aldermen of Trophy Club, Texas, at a regular meeting held on the 18th day of February , 1997. Jr City Secretary