HomeMy WebLinkAboutO-1997-2208
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ORIG~NAL
ORDINANCE NO. 97-2208
AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS, AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO 1834, TO PROVIDE
FOR AN EXTENDED TERM THEREOF; PROVIDING TERMINATION AND OTHER
PROVISIONS AS A RESULT OF AMENDMENTS TO THE PUBLIC UTILITY
REGULATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, hereinafter referred to as the
"CITY", adopted and approved Ordinance No. 1834 on June 8, 1992,
which was accepted by Southwestern Bell Telephone Company,
hereinafter referred to as the "TELEPHONE COMPANY"; and
WHEREAS, TELEPHONE COMPANY and CITY desire to extend the term
of Ordinance No. 1834 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. 1834 be
extended; and
WHEREAS, it is recognized by the parties that prov1s1ons set
forth in Ordinance No. 1834 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 PURA"; the parties agree and intend
that this amendment to Ordinance No. 1834 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 CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS, THAT:
Section 1. Section 4 of Ordinance No. 1834 entitled TERM is
hereby amended to read as follows:
This Ordinance shall be in force and effect from October
1, 1997, through September 30, 1998, unless earlier
termina~ed pursuant to Section 17, 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.
Regardless of the right of automatic renewal, the term of
this Ordinance shall not extend beyond September 30,
2002.
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('~.\G\\\lAL
ORDINANCE NO 97-2208
PAGE 2
section 2. section 17 of Ordinance No. 1834 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 which includes any
geographic area which is wholly or partially within the
corporate limits of CITY.
Section 3. 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 October 1, 1997.
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o RIG I r~ A L
ORDINANCE NO 97-2208
PAGE 3
section 40 The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
PASSED AND APPROVED, on first reading, this 8th day of
December, 1997.
PASSED AND APPROVED, on second reading, this 12th day of
January, 1998.
By:
~OF LA PORTE
-- Hq~4t~
orm n L. Ma on
Mayor
ATTEST:
~3u a. )411111l
ar ha A. Gillett
City Secretary
APP~'
Knox
City
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I, Martha A. Gillett, City Secretary of the City of La Porte,
Texas, do hereby certify that the foregoing is a true and correct
copy of Ordinance No. 97-2208, passed and approved on first reading
on December 8, 1997, and passed and approved on second reading on
January 12, 1998, by the City Council of La Porte, Texas, at a
regular meetings thereof.
City Secretary
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OR\G1NAL,
ORDINANCE NO. 97-2208
AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS, AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO 1834, TO PROVIDE
FOR AN EXTENDED TERM THEREOF; PROVIDING TERMINATION AND OTHER
PROVISIONS AS A RESULT OF AMENDMENTS TO THE PUBLIC UTILITY
REGULATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE AGREEKBNT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, hereinafter referred to as the
"CITY", adopted and approved Ordinance No. 1834 on June 8, 1992,
which was accepted by Southwestern Bell Telephone Company,
hereinafter referred to as the "TELEPHONE COMPANY"; and
WHEREAS, TELEPHONE COMPANY and CITY desire to extend the term
of Ordinance No. 1834 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. 1834 be
extended; and
WHEREAS, it is recognized by the parties that prov1s1ons set
forth in Ordinance No. 1834 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 PURA" ; the parties agree and intend
that this amendment to Ordinance No. 1834 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 CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS, THAT:
Section 10 Section 4 of Ordinance No. 1834 entitled TERM is
hereby amended to read as follows:
This Ordinance shall be in force and effect from October
1, 1997, through September 30, 1998, unless earlier
terminated pursuant to Section 17, 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.
Regardless of the right of automatic renewal, the term of
this Ordinance shall not extend beyond September 30,
2002.
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OR~G!NAL
ORDINANCE NO 97-2208
PAGE 2
section 20 section 17 of Ordinance No. 1834 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 PORA.
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 which includes any
geographic area which is wholly or partially within the
corporate limits of CITY.
section 3. 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 October 1, 1997.
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ORlGINAL
ORDXNANCE NO 97-2208
PAGE 3
section 40 The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which.this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
PASSED AND APPROVED, on first reading, this 8th day of
December, 1997.
PASSED AND APPROVED, on second reading, this 12th day of
January, 1998.
By:
C}TY OF LA PORTE
ffi;r,4//J'~
Norm n L. Mal!Qne
Mayor
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ORIG/NA
I, Martha A. Gillett, City Secretary of the City of La Porte,
Texas, do hereby certify that the foregoing is a true and correct
copy of Ordinance No. 97-2208, passed and approved on first reading
on December 8, 1997, and passed and approved on second reading on
January 12, 1998, by the City Council of La Porte, Texas, at a
regular meetings thereof.
~L(j. HdWl
it Secretary
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OR~GINAL
The Honorable Mayor and City Council of the City of La Porte:
Southwestern Bell Telephone Company, for itself, its successors and
assigns, hereby accepts the attached franchise ordinance No. 97-
2208 as finally passed by the city Council of the City of La Porte
on the 12th day of January, 1998, and hereby agrees to be bound by
all of its terms and provisions.
SOUTHWESTERN BELL TELEPHONE COMPANY
By: "lDavid Cole
Name:
Title: Presiderit-Tex
Date: '-.-5=, t
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Marsha Pate
Area Manager-
Municipal Affairs
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Southwestern Bell Telephone
Three Bell Plaza, Room 1110.A1
Dallas, Texas 75202
Phone 214 464-3070
Fax 214 464-5838
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@ Southwestern B.ell:,"
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('R~GH~AL.
February 10, 1998
The Honorable Norman Malone
Mayor
City of La Porte
P. O. Box 7728
La Porte, Texas 77572-1115
Dear Mayor Malone:
Attached are two originals of Southwestern Bell Telephone Company's signed
acceptance of the amending Ordinance 97-2208. This ordinance was passed by the City
of La Porte on January 12, 1998 and became effective on October 1, 1997.
After the filing date has been noted by the City Secretary, one original countersigned
acceptance document should be returned to me for filing with Southwestern Bell
Telephone's official records. A self-addressed envelope is also attached for your
convenience.
Please feel free to contact me if there are any questions.
Sincerely,
~~~
Attachments
CC: Barry Beasley
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ACCEPTANCE
WHEREAS, the City of La Porte, Texas did on the 12th day of January, 1998
enact Ordinance Number 97-2208 entitled:
AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 1834, TO PROVIDE FOR AN EXTENDED TERM
THEREOF; PROVIDING TERMINATION AND OTHER PROVISIONS
AS A RESULT OF AMENDMENTS TO THE PUBLIC UTILITY
REGULATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER
PROVISIONS RELATING TO THE AGREEMENT; FINDING
COMPLIANCE WITH THE OPEN l\.ffiETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
and WHEREAS, 'said Ordinance was on the 12th day of January, 1998 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, the Southwestern Bell Telephone Company hereby
accepts said City of La Porte, Texas in her Office.
r~
Dated this .::i)
day of ~"'/Al.7 . 19~.
SOUTHWESTERN BELL TELEPHONE
COMPANY
&C-k
President-Texas
1I1/J1
Acceptance filed in the office of the City Secretary of the City of La Porte, Texas
this ~ day of.:fLb.w { . 19.rr.
~Affi~ J4Ju{1J.
Ity . ecretary
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OR\G\NAL
ORDINANCE NO. 97-2208
AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS, AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE NO 1834, TO PROVIDE
FOR AN EXTENDED TERM THEREOF; PROVIDING TERMINATION AND OTHER
PROVISIONS AS A RESULT OF AMENDMENTS TO THE PUBLIC UTILITY
REGULATORY ACT OF 1995; CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE AGREEMENT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, hereinafter referred to as the
"CITY", adopted and approved Ordinance No. 1834 on June 8, 1992,
which was accepted by Southwestern Bell Telephone Company,
hereinafter referred to as the "TELEPHONE COMPANY"; and
WHEREAS, TELEPHONE COMPANY and CITY desire to extend the term
of Ordinance No. 1834 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. 1834 be
extended; and
WHEREAS, it is recognized by the parties that provisions set
forth in Ordinance No. 1834 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 PURA"; the parties agree and intend
that this amendment to Ordinance No. 1834 constitutes an interim
arrangement to accommodate the needs of the parties, pending
clarification of the inter.pretation and application of the Revised
PORA. I
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS, THAT:
Section 1. Section 4 of Ordinance No. 1834 entitled TERM is
hereby amended to read as follows:
This Ordinance shall be in force and effect from October
1, 1997, through September 30, 1998, unless earlier
terminated pursuant to Section 17, 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.
Regardless of the right of automatic renewal, the term of
this Ordinance shall not extend beyond September 30,
2002.
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ORlG\NAL
ORDINANCE NO 97- 2208
PAGE 2
section 2. section 17 of Ordinance No. 1834 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 which includes any
geographic area which is wholly or partially within the
corporate limits of CITY.
section 3. 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 October 1, 1997.
. .. "
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OR\G\NJ\L
ORDINANCE NO 97- 2208
PAGE 3
Section 4. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the pUblic at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
PASSED AND APPROVED, this ~ day of D~ceMI3E~ , 199'1.
By:
ATTEST:
~cL a.14 fUm.
Mar ha A. Gillett
City Secretary ~
~BD: ~
nox ~r;dns ~
City Attorney
I, Martha A. Gillett, City Secretary of the City of La Porte,
Texas, do hereby certify that the foregoing is a true and correct
copy of Ordinance No. , finally passed and approved by the
City Council of La Porte, Texas, at a regular meeting held on the
____ day of , 199
City Secretary
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. F'AIRMONT PARKWAY
P.O. SOX 121S
LA PORTE. TEXAS 77572-1218
~Q)~\
KNOX W. ASKINS
.JOHN D. ARMSTRONG
TELEPHONE 2BI 471-1BBB
TELECOPIER 2BI 471-2047
CHARLES R. HUBER. .JR.
BOARD CERTIFIED - CIVIL TRIAL LAW
TEXAS BOARD OF' LEGAL SPECIALIZATION
November 18, 1997
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Mr. John McInn'
Area Manage xternal Affairs
Southwest n Bell Telephone
One Bel Plaza, Room 3020.28
P.O. ox 655521
Da as, TX 75265-5521
Re: Extension of City of La Porte - Southwestern Bell Telephone
Franchise Agreement Dated July 8, 1992, as described in City
of La Porte Ordinance No. 1834.
Dear Mr. McInnis:
I enclose herewi th draft of proposed ordinance extending the
Southwestern Bell Telephone Company franchise agreement. I have
placed the ordinance in the City of La Porte style, and I have
added a sentence to Section 1 placing a maximum five (5) year term
on the ordinance.
I am requesting that this ordinance be placed on the City Council
agenda, and will advise you of the date of the meeting at which it
will be considered.
(:/Y! Cl. f}:?~---..
\ nox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. Barry Beasley
Area Manager-External Affairs
Southwestern Bell Telephone
1031 Lee, Room B2
Pasadena, TX 77506
Mr. Robert T. Herrera
. aity Manager
L/City of La Porte
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. F'AIRMONT PARKWAY
P.O. SOX 121B
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
CHARLES R. HUSER. .JR.
BOARD CERTI"'E:D . CIVIL TRIAL L"AW
TEXAS BOARD OF' LEGAL SPECIALIZATION
TELEPHONE 2BI 471-IBB6
TELECOPIER 2BI 471-2047
November 18, 1997
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Southwestern Bell Telephone Company
Franchise Renewal
Gentlemen:
The current Southwestern Bell Telephone Company franchise with the
City of La Porte expired September 30, 1997, and was renewed to
March 31, 1998, by City Council.
The last session of the Texas Legislature passed S.B. 1937, a
photocopy of which is attached to this letter. It added Section
3.270 to the Public utility Regulatory Act of 1995. The bill
establishes an Interim Legislative Committee to study a number of
issues involving the use of public rights-of-way in municipalities
by telecommunications utilities (including cable television
companies) . The Committee has six members from both the Texas
House and Senate.
Specifically, the Committee is to investigate:
a. the need for consistency in terms and conditions, including
authorized compensation methodology, to be included in
municipal franchise agreements;
b. the impact of existing municipal fee agreements, ordinances,
charters or other municipal requirements on the provisions of
competitive telecommunications services by telecommunications
utilities and the authority of the legislature to establish
the basis for and require modification of those agreements,
ordinances, charters or other requirements;
c. the type and amount of cost incurred by municipalities by
virtue of the use of municipalities' rights-of-way and public
property by telecommunications utilities;
d. the type, basis for, and amount of revenue received by
municipalities from telecommunications utilities;
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& ARMSTRONG, P. C.
ATTORNEYS AT LAW
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SW Bell Franchise Renewa!,.... ? \\J/ If ~!j
November 18, 1997
Page 2
e. the authority of municipalities to impose conditions on or
require compensation from telecommunications utilities
providing telecommunications services wholly within the
municipality by resale of telecommunications services or the
use of facilities of other telecommunications utilities; and
f. such other issues as are necessary to promote pUblic interest
and effect the policies to promote competition.
While this legislation initially included only "telecommunications
utilities", it was amended to include cable television companies
for the purposes of the Committee's review and study.
This legislation expressly states that:
"affected parties [such as cities] are placed on notice
that any terms and conditions, including compensation, of
municipal fee agreements, ordinances, charters or other
municipal requirements now or hereafter in existence may
be superseded or subj ect to amendment, to the extent
inconsistent with the terms of legislation hereafter
enacted."
The Public utility Commission is to provide information for the
Committee and is to issue a report on its investigations to the
Committee by June 1, 1998. The Committee is to issue its report
and recommendations to the Legislature by November 1, 1998.
Due to the fact that the study committee may recommend legislation
to the 1999 Session of the Legislature which could substantially
alter the manner in which cities are allowed to contract with
telecommunication providers, I recommend passage by City Council of
the enclosed form of ordinance which has been negotiated with
representatives of Southwestern Bell Telephone Company, as an
interim measure. This will extend the current agreement, and will
allow the City and Southwestern Bell to incorporate any legislative
changes into a subsequent renewal agreement. I"~
y~ very" trulYl!. \
("let4- 1<-~ r{J~
Knox W. Askins
City Attorney
City of La Porte
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SW Bell Franchise Renewal
November 18, 1997
Page 3
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Enclosures
cc: Mr. Robert T. Herrera
City Manaqer
City of La Porte
Mr. Jeff Litchfield
Assistant City Manager/
Director of Finance
City of La Porte
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ATTORNEYS AT LAW
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75th LEGISLATURE-REGULAR SESSION
(!) the fixed term of ecu:h permit or other authorization. issued to 'the fcu:ility under this
chapter shall commence on the date physieal construCtion of the authorized waste
m,a.nagement faCility begins.
SECTION 3. Subchapter D, Chapter 27, Water Code, is amend~d by Mding Section
27.0515 to read as follows: .' : .
Sec. !7.0515. FACILITIES REQUIRED TO OBTAIN FEDERAL APPROVAL. For a
commercial hazanwus waste disposal weU fcu:ility originally permitted by the commiSsion
after June 7, 1991, and which is required to obtain from the United States 'Environmental
Protection Agency a variance from the federal land disposal restridibns before injecting
permitted hazardous wastes: . ,. ."
. . (1) a permit or other authorization is8tted to the facility under this cha,pte;. is not
. subject to canceUation, amendmen~ modification, T8vocdtion, Dr denictl of renewal because
the permit holder has not' commenced construction or opertiti01i of the facility; and
(!) the flXed term of ecu:h penj?,it aT other authorization isstied to t~ fcu:ility under this
chapter shall com1nence on the date phys'ical construction' 01 the authorized waste
management fcu:ility begin-,.
SECTION 4. (a) Sections ,361.116 and 36i.0895, Health and Safety Code, and Section
27.0515, Water Code, as added by this .Act, do not apply to any facUity that did not have an
original pennit applicatlon pending at the Texas NatUral Resource Conservation Commission
on June 7, 1991, nor to any facility that obtained a federal variance from the land disposal
restrictions prior to the effective date of this Act,
(b) Section 361.0895, Health and Safety Code, and Section 27.0515, Water Code, as added
by this Act, shall be. construed in a manner that promotes consistency with applicable federal
regulations and maintains federal program delegation and shall not be applied in circum-
stances that would result in the loss of federal program delegation.
SECTION 5. This Act takes effect September I, 1997.
SECTION 6. The importance of this legislation and the crowded condition of the
calendars in both houses create an emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several days in each house be
suspended, and this rule is hereby suspended.
Passed the Senate on April 28, 1997: Yeas 31, Nays 0; the Senate concurred in House
amendments on May 27, 1997, by a viva-voce vot~; passed the House. with
amendments. on May 25, 1997, by a non-record vote.
Approved June 20, 1997.
Effective September 1, 1997.'
CHAPTER 1212
S.B, No, 1937
AN ACT
relating to the provision of telecommunications services within municipalities,
Be it enacted by th.e Legislature of the State of Texas:
SECTION 1. , Subtitle F, Title III, Public Utility Regulatory Act of 1995 (Article 1446c-O,
Vernon's TexaS Civil Statutes), is amended by adding, Section 3.270 to read as follows:
See. 3.!iO.' INTERIM COMMITTEE ON THE USE OF MUNICiPAL RIGHTS-OF-
WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES WHOLLY
WITHIN MUNICIPALITIES BY TELECOMMUNICATIONS UTILITIES. (aj It is the
policy of the State of Texas to encourage competition amon.g telecommunications utilities
providing telecommunications. smices wholly within municipalities in a competitively
netttra~ nondiscriminatory manner; to reduce the barners to entry for such telecomm1.lnica-
.tions utilities by eli'm,inating any conditions which prohibit or have the effect of prohibiting
'4660
. .: ,,;,7Sth LE9"~'-tTU.REGULAR SESSION e C~. 1212, 11
,_.,. '" ",'4' .' . ~," l" i .
' . '" '~tke" ability of any telecommunications utility to piovide telecommunications services wholly
witkin municipalities; to ensure that any compensation to municipal'ities for the telecom-
~unications utilities' 'USe of municipal righta-of-way or other public property t.o provide
~le~munications services 'fOhf?lly within rn1J.nicipalities is fair q.nd 1'fJqsC>'n4ble to telecom-
munications utilities and municipal residenta whO own the public prOpe~y or right-of-way;
to ~re t~ abi~i~y of "r"~~iclpalities to eZ~~. tfteir a'f.!.thf!rity to nianqge the publ~ righta-
of-''P!LY; and to ~~re that 9~~s b~e.fit.fro.m ~h co~petition. .
(b) In order to effectuate the policies described jr& this section. a. joint interim commjtte~
shall be appointed to investigate, repCJ1'4 and make legislative recommendations regaTding
the state franchise policy for municipalities with respect to telecommunications sen,rices
~d wholly within municipalities by telecomm?J.nications utilities.
(c) Thejoint committee shall be made up ot
(1) the chairman of the Senate Committee on Economic Development;
(.2) the. chairman of the Senate CommiUee on Intergovernmental Relations;
(3) the chairman of the House Committee on ~~e Affairs;
(~) the chairman of the House Committee on Ur~an .i1JJairs;
(5) one member of the senate appointed by the lieutenant governor, and
(6) one member of the house of representativ~s appointed by the speaker of the house of .
representatives. '" ,
(d)(l) Th~ joint committee shall investigate: .
(A) the need for conlljstfjncy in terms and conditions, including the authorized
compensation methodology, to be include4 in municipal franchise agreements across the
state; ,
(B) the impact of exis~ing m~Lnicipal fee tigreements, ordinances, charters, or other
municipal requirements on the provision of competitive telecommunications services
wholly within municipalities by telecommunications utilities and th'e authority of the
legislature to establish the basis for and require modification of those agreements,
ordinances, charters, or other municipal requirements;
(C) the type and amount of cost incurred by municipalities by virtue of the use of the
municipalities' rights-of-way and public property by telecommunications utilities pro_
viding telecommunications services wholly within the municipalities;
(D) the type, basis for, and amount of revenue received by municipalities from
telecommunications utilities providing telecommunications services wholly within the
municipalities; ,
(E) the authority of municipalities to impose conditions on or require compensation
from telecommunications utilities provi~ling telecommunications services wholly within
the municipalities by resale of telecommunications ~(lrvices or the use of facilities oj
other telecommunications utilities; and '. ,
(F) such other issues as are necessary to promote the public interest and effectuate
the policies in support of competition by telecommunicatio!Ls utilities in the provision of
telecommunications services wholly W'lthin municipalities as set forth in Subsection (a)
of this section.
(.2) Notwithstanding the fact that cable television companies are not "telecommunica-
tions utilities" under this Ac4 the facilities and technologies used by telecommunications
utilities and cable television companies are the same or similar, impose the same burdens
on municipal righta-of-wa1/, and are or will be used to provide comparable competitive
services. Some of the issues to be investigated by the joint committee cire applicable to the
cable television companies and are to be included tuithin the issues investigated by and
reported on by the joint committee.
(e) The joint committee shall develop a report that analyzes the state's policies with
respect to the issues described in Subsection (d) of this section and that incltules recom-
mended rule or statutory changes to implement the policy options. The joint committe~
may make preli"",inary reports but shall make a final report not later than November 1,
1998. 'In this re~ect, affected parties are placed on notice that any terms and conditions,
4661
th. 1212, fl. ;':'>1/ ~\: ;~)~t LEGlSLALREGtJLA1I SESSIO!
including any compensatio.it?- oJ:."'~nfit7,i~cipall~e dgreeme7~ts, ordinances,' charters, or 'Otkm
municipal requirements now or hereafter i'n e~istence 711,(J,Y be Superseded or subject t(l
amendment, to the e~tent inconsistent with the terms of legislation Itereafter ena.cted
(f) On request oj the joint committee, the commissiOn, the Te~d8 Legislative Counci~ W
governor's office. the 8enate, elnd the house of representp,t{ves shall provide staff as necessary
to carry out the duties oJ ~he joint committee. The comm~sion ~hau cOnduct ~k
investigations and provide Buch information and rqJorts as are necessaty )or the joint
committee to make the determinations required by Subsections rd)(1)(CJand (d)(l)(D) of this
section. The commission shall provide the infohna.tion and final repom to the joint
committee no later than J1tne 1, 1998. I
(g) The joint committee is given such a1ithority as is necessary to carrY out the dutie!
assigned by this section and in connection with those duties may call and hold hearings and
compel the attendance of witnesses and the production of information and documents.
(h) If necessary to the discharge of its duties, the joint committee maly request the
assistance of additional state agencies, departments, or .offices. The agencies, deparlments,
or offices shall provide the requested assistance.
(i) The joint committee is abolished on the date it issues its final report un4er Subsection
(e) of this section.
SECTION 2. This Act takes effect September 1, 1997.
SECTION 3. This Act expires September 1, 1999.
SECTION 4. The importance of this legislation .and the crowded condition of the
calendars in both houses create an emergency and an impera~ve public ,necessity that the
constitutional role requiting bills to be read on three severll days iri each house be
suspended, and this role is hereby suspended. ,
Passed the Semite on May 51 19~7, by a viva-vbc~ vote; the SEm~te ~oncurred In House
amendment on, May 28, 1997, by Ii viva-voce vote; passed the House, with
amendment. on May 26,1997, by a non-record vote. '
Approved Jun,e 20.1997.
Effective September 1, 1997.
CHAPTER 1213
S.B. No. 1949
AN ACT
relating to the powers. duties, administration, financing, and operation of the Falcon's lair Utility and
Reclamation District; granting the authority to Issue bonds.
Be it enacted by tne Legislature of the State of Te~as:
SECTION 1. section 9, Chapter 935, Acts of the 69th Legislature, Regular Session, 1985,
is amended by amending Subsection <0 and adding Subsection (h) to read as, follows:
(f) After the confinnation and directors' election, a regular directors' election shall be held
on the first Tuesday after the fi:r:st Monday [S;atur4a.y] in November of [ArniJ inJ each odd-
numbered [even numhered] year to elect the appropriate number or directors.,
(h) The city may not be found liable for an act relating to a district obligation. or the
operation of the district because of an appointment of a director made by the city as
prescribed by Subsection (d) of this section.
SECTION 2. Section 19, Chapter 935, Acts of the 69th Legislature, Regular Session,
1985, is amended by adding Subsections (d) and (e) to read as follows:
(d) For the pay~nt of all Or part of the costs of an improvement project or services under
Section foA of this Act, the board may issue bonds in one or more seriell payable from a'l'l,d
secured by ad valorem taxes, assessments, impact feeS, reVenues, grants, gifts, cd'n.tm.r.t.!, or
leases 01' "'11/ combination ofthosefttnds. Bonds may be liens em all or pa.n of the reven~/,.
~662