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HomeMy WebLinkAbout13399 ORD - 09/15/1976AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE -YEAR CONTRACT WITH SOUTHWESTERN BELL TELEPHONE COMPANY FOR TELEPHONE SERVICE AT THE CITY - COUNTY HEALTH CENTER, NOW UNDER CONSTRUCTION AT 1702 HORNE ROAD, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH, IN THE FORM ATTACHED HERETO, MARKED EXHIBIT "A IS MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a five -year contract with Southwestern Bell Telephone Company for telephone service at the City - County Health Center, now under construc- tion at 1702 Horne Road, all as more fully set forth in the contract, a sub- stantial copy of which, in the form attached hereto, marked Exhibit "A ", is made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid contract in order that the understanding of the parties may be reduced to writing in order that installation of the necessary equipment may be made at the City- County Health Center, now under construction, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of September, 1976. ATTEST: 1--) y Sec etary M YOR APPRO W. HE CITY OF CORPUS CHRISTI, TEXAS DAY OF SEPTEMBER, 1976: J. BRUCE AYCOCK, City Attorney JA% By Assistan City torney 13399 N1ICROFItNIED, J'/N'3 0 1980 N PLAN I CONTRACT FOR CUSTOMER PREMISE PBX SERVICE THIS CONTRACT made this 2nd — day of Aiignnf-. , 197Z -. between Southwestern Bell Telephone Company (Telephone Company) and Cif-)7 of r nrz tic rhri chi (Customer) for the provision of the equipment listed on Schedule 1 (attached hereto and made a part hereof) to be installed at the following location: ] -,7()7 Hnrna RA - The provisions of this contract are subject at all times to the esta lished tariffs of the Telephone Company and to any change in such tariffs, and subject to the following conditions: 1- The provisions of this contract apply only to the equipment listed on Schedule 1. Other services and equip- ment are available as set forth in the tariffs of the Telephone Company. - 2. Customer agrees to pay the Telephone Company for the provision of the equipment listed on Schedule 1, from and after the date the equipment is placed in service, monthly, an amount which is the sum of the Fixed Rates and Variable Rates at forth in Schedule 1, as follows: (a) The Fixed Rates shall be payable fora period of 60 months, designated the Fixed Rate Term, as provided in the Telephone Company's tariffs, The Fixed Rates shall not be subject to change during the Fixed Rate Term. (b) The Variable Rates shall be payable for as long as Customer retains the equipment Customer under- stands the Variable Rates are subject to change and agrees to pay said Variable Rates as they may from time to time be established in the tariffs of the Telephone Company. 3. (a) In the event this contract is terminated by action of Customer prior to the completion of the installa- tion of the equipment, Customer agrees to pay the Telephone Company the costs incurred by the Tele- phone Company in connection with the engineering, manufacturing and installing of said equipment, less the estimated net salvage value, or the Fixed Rates for the Fixed Rate Term specified above, whichever is lesser. Such charges shall be billed by the Telephone Company and shall be paid within thirty (30) days of receipt thereof. (b) In the event of the termination of this contract by action of Customer after the equipment has been installed, but prior to the expiration of the Fixed Rate Term, Customer agrees to pay. (1) If the entire contract is terminated, an amount equal to the sum of the monthly Fixed Rates for the unexpired portion of the Fixed Rate Term. Such amounts shall be due and payable as of the data of termination. (2) If the entire contract is not terminated, but part of the equipment listed on Schedule 1 is discon- nected, Customer agrees to continue to pay the Fixed Rates for the equipment which is discon. nected, for the unexpired portion of the Fixed Rate Term. (c) If Customer shall default in making any payments hereunder or default in any of its covenants under this contract, or violate any of the Telephone Company's tariffs applicable to the equipment and furnished Customer, and Customer does not cure such default or correct such violation after notice, as provided in the Telephone Company's tariffs, such shall be deemed a termination of the entire contract and Customer shall be liable for payment of the charges specified in (b) (1) preceding. 4. The destruction or partial destruction of the Customer's premises by fire (where not caused by the In- tentional or negligent act or omission of the customer), flood, storm cr other Acts of God shall not be considered as a termination of this contract by action of Customer, provided that the equipment covered by this agrement is restored for Customer either at the soma location or another location within the same exchange. During the interruption of service as a result of such destruction the charges specified herein shall not apply, but such interruption of service shall cause an extension of this agreement equal to the duration of the interruption. In the event the Customer elects not to have the equipment restored at the saute or another location within the same exchange, the contract shall be considered to have been terminated by action of the Customer and the charges specified in paragraph 3 preceding shall apply. 5. Additional items of equipment offered in the Telephone Company's tariffs may be ordered by the Customer subsequent to the installation of the Schedule 1 equipment. Such equipment will be provided under the terms and conditions and at the rates and charges specified in the then existing tariffs, and the Customer may elect any payment option for such equipment provided for in the tariffs. If the Customer elects to have such equipment provided under a Plan 1 Contract for PBX Service or Plan II Contract for PBX Service a new Contract will be executed for such equipment effective with the in- service date of such equipment at the rates in effect at the time of the execution of the Contract. 6. Equipment listed in Schedule 1 shall at all times remain the property of the Telephone Company and Cus- tom obtain no right, title or interest therein. The Telephone Company shall retain the risk of loss of the equipment, except for loss or damage caused by the negligence or willful acts of the Customer, its agents, employees or servants and further subject to the provisions of 4. preceding. 7. The Telephone Company's liabihty for damages arising out of mistakes, omissions, interruptions, delays, s, defects or other failure or failures in any equipment or services furnished by the Telephone Com. n pa hereunder shall i no event exceed the amounts et forth in the Telephone Company's tariffs, as modified from time to time, pertaining to limitation of liability. 8. At the Customer's request the Telephone Company will move or rearrange any Schedule 1 equipment at charges specified in the Telephone Company's tariffs then in effect. S. Subject to the prior written consent of the Telephone Company, Customer may assign its rights here- under provided that the assignment does not require the Telephone Company to remove any of the Sched- ule 1 equipment from Customer's premises and provided further that the assignee shall establish its finan- cial responsioillty to the Telephone Company's satisfaction. 10. This contract and the Telephone Company's tariffs represent the entire agreement of the parties, and the terms and conditions hereof are equally binding upon the parties named herein, their heirs, assigns and l-- successors in interest. SOUTHWESTERN BELL TELEPHONE COMPANY CITY_ OF CORPUS CHRISTI •- (Name of Customer) BY _ (Tlrie—, — yR. Marvin Towpsefic�Ic) City Flanager District Marketing Manager ATTEST: City Secretary APPROVED: NOTE: White - Original Accounting Oloe Copy: Customer P,nk: MarketinCity Attern@y..neee Office FORM SW -15 *18 (6 -74) PACE OF - PLAN 1 CONTRACT FOR PBX SERVICED (1) Plan I Contract for Service made 211d day of AlIGJ 1pt 197Ss_ with (Customer) ri i-znf rnrpuS rbri Sti (2) For Telephone Company use only. (3) Fixed Rate not subject to change. (4) Variable Rates are subject to change in conformity with lawfully filed tariffs. NOTE: White- Original: Accounting Blue Copy: Customer Pink: Marketing Yellow: Business Office- SCHEDULE 1 Rate Unit Unit Fixed Variable Number USOC Fixed Variable Monthly Monthly Units Code (2) Description Rate (3) Rate (4) Rate (3) Rate (4) 1 2CZ Basic Com:Equip. 211,00 105.00 211.00 105.00 1 2CO Addl.Trunk Carrier 25.80 9.10 25.80 9.10 2 2CL Addl. Line Circuit, 24.25 10.90 48.50 21.80 5 2TQ C.O. Trunk Packs 3.85 3.20 19.25 16.00 19 2CN Line Circuit Pks. 3.75 2.95 71.25 56.05 5 2CX Memory Packs 8.00 6.10 40.00 30.50 1 2DA Attn.Cons.Com.Equip. 9.35 10.25 9.35 10.25 1 2D7 Attn.Cons. /DSS /Alpn 32.35 26.00' 32,35 26.00 _ 318.35 173.50 457.50 274.70 (1) Plan I Contract for Service made 211d day of AlIGJ 1pt 197Ss_ with (Customer) ri i-znf rnrpuS rbri Sti (2) For Telephone Company use only. (3) Fixed Rate not subject to change. (4) Variable Rates are subject to change in conformity with lawfully filed tariffs. NOTE: White- Original: Accounting Blue Copy: Customer Pink: Marketing Yellow: Business Office- CORPUS CHRISTI TEXAS Al OF , I' rJ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY1 MAYOR / THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY T FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON 091.40 -1 EDUARDO DE ASES RUTH GILL BOB GULLEY Ap GABE LOZANO, SR, EDWARD L. SAMPLE