HomeMy WebLinkAbout021373 ORD - 04/21/1992AN ORDINANCE
WHEREBY THE CITY OF CORPUS CHRISTI, TEXAS, AND SOUTHWESTERN
BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE
COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES,
ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER
PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER,
THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES,
HIGHWAYS, ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID
CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER
THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE
USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN
CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE
TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING
AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING
FOR A RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES;
PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN
ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND
PROVIDING FOR A TERM AND AN EFFECTIVE DATE.
WHEREAS, Southwestern Bell 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 Corpus Christi, 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 20882, adopted March 6, 1990, as extended by the
ordinance passed on March 27, 1991, which provided compensation to the CITY for the
superintendence of that agreement based upon a percentage of gross receipts 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 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
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021373 ' ICROFIL.MED
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method of determining the amount of compensation to municipalities to become
administratively impractical and obsolete 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 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 CITY in
the future; and
WHEREAS, this Ordinance is adopted by the City Council of the CITY
pursuant to the provisions of Article 1175, Section 2, V.A.C.S., Article 1446c, Section 21,
V.A.C.S., and Article IX of the CITY'S Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1 - PURPOSE
Pursuant to the laws of the State 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 TELEPHONE COMPANY may USE such
RIGHTS-OF-WAY for its telecommunications FACILITIES. 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 to all operations of the
TELEPHONE COMPANY within the CITY, and shall include all operations and
FACILITIES used in whole or in part in the provision of telecommunications services in
newly annexed areas upon the effective date of any annexation.
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SECTION 2 - ADDITIONAL AUTHORITY REQUIRED
The TELEPHONE COMPANY is not authorized to provide cable television service in the
CITY under this Ordinance, but must first obtain a separate agreement from the CITY for
that purpose, under such terms and conditions as may be required by law. This Section does
not preclude the TELEPHONE COMPANY from providing its tariffed services to cable
television companies. However, nothing herein shall authorize the TELEPHONE
COMPANY to license or lease to any cable television operator the right to use or utilize
the TRANSMISSION MEDIA or FACILITIES of the TELEPHONE COMPANY unless
Federal or State law allows such cable television operator to conduct its business without
first obtaining a franchise from the CITY.
SECTION 3 - 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.
(b) USE: any TELEPHONE COMPANY acquisition, construction,
reconstruction, maintenance or operation of any FACILITIES in, over, under,
along, through or across the public RIGHTS-OF-WAY for any purpose
whatsoever.
(c) CITY: The City of Corpus Christi, 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) DIRECTION OF THE CITY: all ordinances, laws, rules, regulations, and
charter provisions of the CITY now in force or that may hereafter be passed
and adopted which are not inconsistent with this Ordinance.
(f) 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, data or other purposes.
(g)
NON-EXCLUSIVE: no rights agreed to in this Ordinance by the CITY 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.
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(h) TELEPHONE COMPANY: Southwestern Bell Telephone Company.
SECTION 4 - TERM
This Ordinance shall continue for a period of five (5) years from the effective date. If the
parties have not been able to reach agreement on a new ordinance to replace this ordinance
by the time such term expires, the CITY, at its option, may extend the term hereof for an
additional one or two year term. If a one year extension is chosen, and a new agreement
is not reached, the City shall have the option for a second one-year extension.
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 same
will not unduly interfere with ordinary travel on the streets or sidewalks. 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 CITY shall be subject to the lawful, reasonable and
proper control and DIRECTION OF THE CITY. Any work done in connection with the
TELEPHONE COMPANY'S use of the RIGHTS-OF-WAY shall be subject to the police
power and the DIRECTION OF THE CITY. The TELEPHONE COMPANY may be
required to place certain FACILITIES underground according to reasonable requirements
that may be adopted from time to time by the City Council of CITY; provided, however,
TELEPHONE COMPANY shall be given due notice and shall be entitled to a hearing
before the City Council prior to the adoption of any such requirements. All use of the
RIGHTS-OF-WAY shall interfere as little as reasonably practicable with the use of the
RIGHTS-OF-WAY by others. Proper barricading and traffic control measures shall be used
in the interest of traffic safety and the avoidance of congestion.
SECTION 6 - ATTACHMENTS TO POLES AND SPACE IN DUCTS
Except as provided in Section 14, 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
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(d) For public improvement projects where, after notification that facility
relocation is required, the TELEPHONE COMPANY has not, prior to the beginning of
construction by the CITY, relocated its affected facilities within the RIGHTS-OF-WAY
after being afforded a reasonable length of time to do so as determined by the CITY'S
Director of Engineering, or other designee of the City Manager, giving consideration to the
scope of the facility relocation, and when such delays are not caused by actions of the CITY,
the following procedure will be followed. The CITY shall provide the TELEPHONE
COMPANY with reasonable notice of failure to act and request relocation. If the
TELEPHONE COMPANY continues to delay, the CITY'S Director of Engineering or other
designee and the TELEPHONE COMPANY'S Division Manager over outside plant
engineering and construction will jointly review the relocation request in an expeditious
manner to establish a mutually acceptable completion date for the relocation. If the
TELEPHONE COMPANY continues to delay or does not meet the revised completion
date, the CITY'S Director of Engineering or other designee shall provide not less than five
(5) days written notice to the TELEPHONE COMPANY'S Division Manager over outside
plant engineering and construction advising the TELEPHONE COMPANY of the CITY'S
intent to effect the relocation of the affected facilities. If after expiration of the written
notice required by the preceding sentence, the TELEPHONE COMPANY continues to
delay, the CITY shall have the right to effect relocation of the affected facilities and the
TELEPHONE COMPANY shall reimburse the CITY for all costs of such relocation. The
CITY shall not be liable to the TELEPHONE COMPANY for any damage to such facilities
unless proximately caused by the CITY'S gross negligence, and shall not be liable in any
event for any consequential damages relating to service interruptions. Such relocation by
the CITY will be performed only when the Director of Public Works determines that it is
necessary to prevent disruption of a CITY project. Such relocation will be accomplished by
means of temporary construction and in a manner which will not unreasonably disrupt
telecommunications services. The CITY shall make every effort to coordinate with the
TELEPHONE COMPANY prior to such necessary relocations and will not attempt to
relocate such facilities until the CITY has exhausted the foregoing procedures. The
TELEPHONE COMPANY shall ultimately be responsible for the final permanent
relocation of the TELEPHONE COMPANY'S facilities.
SECTION 11 - INDEMNITY
The TELEPHONE COMPANY shall indemnify and hold the CITY harmless from all costs,
expenses (including 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 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.
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SECTION 12 - ADMINISTRATION OF ORDINANCE
(a) The CITY may, at any time, make inquiries pertaining to this Ordinance and the
TELEPHONE COMPANY shall respond to such inquiries on a timely basis.
(b) Copies of petitions, applications, communications and reports submitted by the
TELEPHONE COMPANY to the Federal Communications Commission or the Public
Utility Commission of Texas shall be provided to the CITY 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 FACILITIES on CITY property to the extent permitted by
law.
SECTION 13 - COMPENSATION TO THE CITY
(a) As compensation for the use, occupancy, oversight, supervision and regulation of the
CITY'S RIGHTS-OF-WAY, 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 tax 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 taxes now or hereafter levied by the CITY
in accordance with State law, the CITY hereby imposes a Charge of $1,710,000 (the "Annual
Charge") upon the Gross Receipts (as hereinafter defined) of the TELEPHONE
COMPANY which will be determined in the following manner. The Annual Charge for the
first calendar year shall be prorated from May 1, 1992 to December 31, 1992, on a prorated
basis. In no event shall the Annual Charge be less than the base amount of $1,710,000 per
full calendar year, except as provided in the preceding sentence or in the case of the year
in which this ordinance expires as set forth in paragraph 13(b), or in the case of
disannexation as set forth in paragraph 13(e), or as provided in Section 18 herein.
The TELEPHONE COMPANY will, in accordance with Article 1446(c) V.A.C.S. and
applicable tariffs, bill such Charge to the customers billed the customer service charges
included within the term "Gross Receipts," as defined herein. Gross Receipts, for purposes
of this Annual 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 TELEPHONE
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 imposed by the Federal Communications
Commission ("FCC").
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For the second and subsequent years while this Ordinance remains in effect, the Annual
Charge is subject to adjustment by application of the Growth Factor set out in paragraph
13(c). The TELEPHONE COMPANY shall adjust its billings to customers to account for
any undercollection or overcollection for the prior year.
(b) The Charge for each year shall be paid in four (4) equal installments on May 31, August
31, November 30 and February 28, except for the first installment for the year in which this
ordinance is passed and the final installment which shall be prorated. The Annual Charge
for the year in which this Ordinance is passed shall be applicable from May 1, 1992, through
December 31, 1992, on a prorated basis. The first installment payment of $285,000 for the
calendar quarter ending June 30, 1992, shall be paid no later than August 31, 1992, and
shall be paid in full satisfaction of any municipal fee payment which would otherwise have
been due on the company's gross receipts for the period May 1 through June 30, 1992,
pursuant to Ordinance 20882 as defined in Section 16 hereof. In the event of any over or
undercollection from customers at the expiration of this Ordinance, the TELEPHONE
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 the state telecommunications
sales tax ("Sales Tax Revenues") applicable to services rendered within the corporate limits
of the CITY for the twelve month period ending with the month of September of the year
immediately preceding the year for which the particular annual charge is to be made (i.e.,
payment year minus one) by the Sales Tax Revenues for the twelve month period ending
with the month of September two years preceding the year for which the particular Annual
Charge is to be made (i.e., payment year minus two). The Growth Factor calculated by the
method set forth in the preceding sentence, if greater than one, shall be multiplied by the
full current year's Charge (i.e., payment year minus one) to determine the Charge for the
next year. If the Growth Factor calculated above is one or less, the Annual Charge for the
next year shall be equal the full current year's charge. The Growth Factor calculation shall
be made during the fourth quarter of the first calendar year and each subsequent calendar
year during the term of this Ordinance.
The TELEPHONE COMPANY will adjust its customer billing to account for the Growth
Factor calculated above. 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.
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Year 1
Example: Annual Charge and Growth Factor
May 1, to
Dec. 31, 1992
Year 2 Jan. 1, to
Dec. 31, 1993
Year 3
Year 4
Year 5
Year 6
Jan. 1, to
Dec. 31, 1994
Jan. 1, to
Dec. 31, 1995
Jan. 1, to
Dec. 31, 1996
Jan. 1 to end
of ordinance
term, 1997
Prorated $1,710,000
$1,710,000 x 1992
Growth Factor if any
Sales Tax Revenues
for 12 month period
ending 9/92 ["STR"]
divided by Sales Tax
Revenues for 12 month
period ending 9/91
["STR"]
AC 1993 x 1993 Growth
Factor if any (9/93
STR divided by 9/92
STR)
AC 1994 x 1994 Growth
Factor if any (9/94
STR divided by 9/93
STR)
AC 1995 x 1995 Growth
Factor if any (9/95
STR divided by 9/94
STR)
AC 1996 x 1996 Growth
Factor if any (9/96 STR
divided by 9/95 STR)
* Ordinance extension, if any, shall follow same pattern.
= Annual Charge 1992
("AC 1992")
= Annual Charge 1993
("AC 1993")
= Annual Charge 1994
("AC 1994")
= Annual Charge 1995
("AC 1995")
= Annual Charge
1996
("AC 1996")
= Annual Charge
1997 ("AC 1997")
The CITY agrees to rely upon audits by the Texas Comptroller of Public Accounts of state
telecommunications sales taxes as reported by the TELEPHONE COMPANY which are
performed in compliance with Sections 151.023 and 151.027 of the Texas Tax Code
Annotated (Vernon's 1982). 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
telecommunications sales taxes. The Charge shall be recalculated using the Growth Factor
recomputed as specified in the preceding sentence, and the recalculated Charge shall be
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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 Annual 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 aforesaid, 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.
(e) Payment shall be made by wire transfer.
(f) 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 or an unincorporated area of more than 1,000
residences shall be consolidated or annexed into or by the CITY with the same effective
date, then notwithstanding any other provision of this Ordinance, the Annual Charge shall
be adjusted. To accomplish this adjustment, within thirty (30) 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 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 or the unincorporated area had no ordinance imposing a Annual Charge or in
the event of a disannexation, then the adjustment to the Annual 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 TELEPHONE COMPANY'S Gross Receipts as defined herein for the CITY for the
first calendar month following the Local Sales Tax effective date compared to the last
month prior to such effective date. This adjustment to the Annual Charge will be made on
the first day of the second month following the Local Sales Tax effective date and the
adjusted Annual Charge shall be prorated from that date through the remainder of the
payment year. The Annual Charge as adjusted shall be used for all future calculations
required by this Ordinance.
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(g) The recovery of the Charge from TELEPHONE COMPANY'S customers is subject
to the jurisdiction of the regulatory authorities and not the CITY. The obligation of the
TELEPHONE COMPANY to pay compensation under this Ordinance is contractual, and
the CITY makes no requirements as to the method the TELEPHONE COMPANY uses to
recover the Annual Charge.
SECTION 14 - FACILITIES TO BE FURNISHED CITY AS ADDITIONAL
CONSIDERATION
(a) In addition to the consideration set forth in Section 13, and notwithstanding the
provisions of Section 6, the TELEPHONE COMPANY shall permit the City of Corpus
Christi to use without charge, solely for its own non-commercial telecommunications
purposes, including operating its traffic, police and fire alarm systems, the following
described FACILITIES:
One duct in all of TELEPHONE COMPANY'S existing ducted FACILI I'IhS
within the City limits. Also, TELEPHONE COMPANY shall provide
adequate space on all non -ducted FACILITIES now existing or hereafter
constructed on or within the RIGHTS-OF-WAY for the CITY to attach
transmission media for the CITY'S own non-commercial use. Where
insufficient FACILITIES exist to accommodate the CITY, other existing
FACILITIES may be substituted. If the TELEPHONE COMPANY shall
thereafter extend its existing underground conduits, it shall provide one duct
in each additional conduit for the CITY'S own purposes, as provided above.
(b) The CITY shall not use any FACILITIES which are provided for CITY'S use by the
TELEPHONE COMPANY for power transmission purposes, nor otherwise use any such
circuits so as to unreasonably interfere with the telecommunications services provided by
TELEPHONE COMPANY. The CITY shall provide a written request to utilize
TELEPHONE COMPANY FACILITIES and shall notify TELEPHONE COMPANY in
writing when it begins utilization of TELEPHONE COMPANY FACILITIES.
(c) CITY shall not sell, lease or otherwise make available its rights to use TELEPHONE
COMPANY'S FACILITIES to any third party for commercial purposes. Such rights are
provided solely for the non-commercial use by the CITY. However, this restriction shall not
prevent the CITY from using the services of a third party commercial entity to manage or
operate the CITY'S facilities on behalf of the CITY so long as no resale or other
commercial use of such FACILITIES shall occur.
(d) It is further agreed that the TELEPHONE COMPANY shall not be responsible to
any party or parties whatsoever for any claims, demands, losses, suits, judgments for
damages or injuries to persons or property by reasons of the construction, maintenance,
inspection or use by or on behalf of the CITY of TELEPHONE COMPANY FACILITIES
and the CITY shall insure, indemnify and hold the TELEPHONE COMPANY harmless
against all such claims, losses, demands, suits and judgments to the extent permitted by law.
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(e) The TELEPHONE COMPANY is not authorized to license or lease to any person
or entity the right to occupy or use the CITY'S RIGHTS-OF-WAY for the conduct of any
private business. The TELEPHONE COMPANY may be required to attach its
TRANSMISSION MEDIA to FACILITIES owned and maintained by any person or entity
franchised by the CITY or to permit the person or entity franchised by the CITY to be
attached to the FACILITIES owned and maintained by the TELEPHONE COMPANY
upon reasonable, non-discriminatory terms. The TELEPHONE COMPANY may require
any such person or entity to furnish evidence of adequate insurance covering the
TELEPHONE COMPANY and adequate bonds covering the performance of the person or
entity attaching to the TELEPHONE COMPANY'S FACILITIES as a condition precedent
to granting permission to any such person or entity to attach transmission media to the
TELEPHONE COMPANY'S FACILITIES; provided the TELEPHONE COMPANY'S
requirements for such insurance shall be reasonable, as determined by the CITY.
(f) Any such transmission media shall be so located on the FACILITIES as to be safe
and not to interfere unnecessarily with the use of the RIGHTS-OF-WAY by others,
including persons or entities authorized to use the FACILITIES. The TELEPHONE
COMPANY shall not be required to attach its TRANSMISSION MEDIA to the
FACILITIES of any other person or entity or to permit the transmission media of any other
person or entity to be attached to the TELEPHONE COMPANY'S FACILITIES if it can
be shown satisfactorily to the CITY that the TELEPHONE COMPANY will be subjected
to increased risks of interruption of service or to increased liability for accidents, of if the
FACILITIES of such other person or entity are not of the character, design, and
construction required by or are not being maintained in accordance with industry standards
or practice.
(g) The CITY may elect to use an outside vendor to construct its communications
facilities and transmission media. Such contractor will cooperate with the TELEPHONE
COMPANY in placing of such FACILITIES for the CITY.
(h) The TELEPHONE COMPANY will not require the CITY to remove such
FACILITIES to accommodate expansion of the public network. Any additional conduits will
be installed by the TELEPHONE COMPANY at no cost to the CITY.
(i) The TELEPHONE COMPANY will allow the CITY to utilize one vacant conduit
entering existing or newly acquired buildings owned, leased or lawfully occupied by the
CITY.
SECTION 15 - ASSIGNMENT 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.
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SECTION 16 - 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 20882, adopted March 6, 1990, as extended by the ordinance passed on March 27,
1991, and renewed or extended from time to time thereafter, and its predecessor ordinances,
if any, (hereinafter referred to collectively as "Ordinance 20882"). This full and complete
release of claims for any matters under Ordinance 20882 shall be for the benefit of
Southwestern Bell Telephone Company; 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 Ordinance 20882. 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, known or unknown, against the CITY, its officers or its employees, arising
out of or connected with any matters under Ordinance 20882.
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 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 against the other.
SECTION 17 - REPEAL OF CONFLICTING ORDINANCES AND AGREEMENTS
Ordinance Number 20882 adopted March 6, 1990 as extended is hereby repealed; provided,
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 entitled "ACCEPTANCE OF
AGREEMENT AND EFFECTIVE DATE". All other ordinances and agreements and
parts of ordinances and agreements in conflict herewith are also repealed as to the
Company, to the extent of any conflict only, which repeal shall take effect at the time and
on the date specified in the preceding sentence.
SECTION 18 - FUTURE CONTINGENCY
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
COMPANY seeks to collect the Charge imposed by this Ordinance, or (c) any procedure
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 CITY 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
ORD4: 91116
14
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.
SECTION 19 - GOVERNING LAW
(a) This Ordinance shall be construed in accordance with the CITY 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.
(b) This Ordinance shall be construed and deemed to a have been drafted by the combined
efforts of the CITY and the TELEPHONE COMPANY.
SECTION 20 - ACCEPTANCE OF AGREEMENT 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 have thirty (30) days from and after the final passage of this Ordinance
to file its written acceptance of this Ordinance with the CITY Secretary. This Ordinance
shall become effective July 1, 1992.
SECTION 21 - FUTURE AMENDMENTS
This ordinance governing street use may be amended at any time by the mutual agreement
of the CITY and the TELEPHONE COMPANY. It is understood that the TELEPHONE
COMPANY is currently in the process of negotiating similar ordinances with other cities
throughout the state. It is understood and agreed that if an ordinance 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 that portion of this
ordinance be reopened for negotiation. The intent of the parties is that the City of Corpus
Christi will be entitled only to treatment comparable to that which was afforded under the
ordinance 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 amendment on
the meaning of the ordinance as a whole. Under no circumstance may an amendment result
in a higher level of compensation than that level produced by those methodologies utilized
by the TELEPHONE COMPANY to calculate compensation to other cities in Texas nor
may an amendment be applied retroactively.
SECTION 22 - ORDINANCE VIOLATIONS
The City Council shall have the option to declare this Ordinance terminated at any time for
failure of the TELEPHONE COMPANY to comply with any term, condition or provision
of this Ordinance, in accordance with the following procedures:
ORD4: 9116 15
(a) If the TELEPHONE COMPANY continues to violate or fails to comply with the
terms and provisions of this Ordinance for a period of thirty (30) days after the
TELEPHONE COMPANY shall have been notified in writing by the CITY to cure such
specific alleged violation or failure to comply, then the CITY may pursue the procedures
set forth below to declare that the TELEPHONE COMPANY has terminated all rights and
privileges consented to in this Ordinance; provided, however, that if the TELEPHONE
COMPANY is alleged to be in violation of any provision of this Ordinance and if the
TELEPHONE COMPANY commences efforts to cure such alleged violation(s) within thirty
(30) days after receipt of written notice and shall thereafter prosecute such curative efforts
with reasonable diligence until such curative efforts are completed, then such alleged
violation(s) shall cease to exist and this Ordinance shall not be declared to be terminated.
(b) Any such termination shall be declared only by a written decision of the City Council
after an appropriate public proceeding before the City council, which shall accord the
TELEPHONE COMPANY due process and full opportunity to be heard and to respond to
any such notice of alleged violation or failure to comply. All notice requirements shall be
met by providing the TELEPHONE COMPANY at least an additional fifteen (15) days
prior written notice of any public hearing concerning the proposed termination of this
Ordinance. In addition, fifteen (15) days notice by publication shall be given of the date,
time and place of any public hearing to interested members of the public.
(c) The City Council, after full public hearing and upon finding a violation or failure to
comply, may either declare this Ordinance terminated or excuse the violation or failure to
comply upon a showing by the TELEPHONE COMPANY of mitigating circumstances or
good cause for said violation or failure to comply.
(d) Neither the TELEPHONE COMPANY'S acceptance of this Ordinance,
TELEPHONE COMPANY'S appearance before the City Council at any public hearing
concerning proposed termination of this Ordinance nor any action taken by the City Council
as a result of any such public hearing, including a declaration of termination or a finding of
a violation or failure to comply, shall be construed to waive or otherwise affect the
TELEPHONE COMPANY'S right to seek a judicial determination of the rights and
responsibilities of the parties under this Ordinance
(e) The TELEPHONE COMPANY shall not be excused from complying with any of the
terms and conditions of this Ordinance by the previous failure of the CITY to insist upon
or seek compliance with such terms and conditions.
ORD4: 91116
16
SECTION 23. PROVIDING FOR PUBLIC NOTICE OF THIS ORDINANCE
The TELEPHONE COMPANY shall pay the cost of providing public notice of this
Ordinance.
Pas,sgd and approved following the 3r\O, reading hereof this 3 1 day of
, A.D., 1992.
AFIEST:
APPROVED:
DAY OF (lav , 1994-'2_
JAMES R. BRAY JR., CITY ATTORNEY
By
City Attorney
C:\
MAYO
CITY OFhORPUS CHRISTI
I, Armando Chapa, City Secretary of the City of Corpus Christi, Texas, do hereby
certify that the foregoing is a true and correct copy of Ordinance NumberOE11373 , finally
passed and approved by the City Council of Corpus Christi, Tex s, folio ing the ,2) R,
reading thereof at a regular meeting held on the() ( day of p , 1992.
idjh'S
City Secretary
ORD4: 91116
17
iat the foregoing ordinance was read jot the first time and passed to its second reading
the 11 day of PRA, (, i^ , 19 12 •, by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
kJ
011)911 LA.t
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
on
That the foregoing ordinance was read for the second time and passed to its third reading on
this the DA day of LAM/ CO , 19 Q2. , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
X
Edward A. Martin
Joe McComb
cu,Q,
Dr. David McNichols
odtv,
Clif Moss
Mary Pat Slavik
That th9,-torega ordinance was read for the third time and passed
day of P , 19 () , by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
PASSED AND APPROVED, this the
ATTEST:
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
day of (iph,,uQ.
finall on t tis -thheeo�2
Y
City ecretary MAYOR
THE ITOF CORPUS CHRISTI
APPROVED: 2 ( DAY OF Apr: ( , 191).:
JAMES R. BRAY, JR.S CITY ATTORNEY
By , . IC , ,SSsisiath City Attorney
044 021373
ACCEPTANCE
WHEREAS, the City of Corpus Christi, Texas, did on the
21st day of April, 1992, enact Ordinance Number 021373
entitled:
AN ORDINANCE WHEREBY THE CITY OF CORPUS CHRISTI,
TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY
AGREE THAT, FOR THE PURPOSE OF OPERATING ITS
TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY
SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES,
ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND
OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG,
ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL
PUBLIC STREETS, AVENUES, HIGHWAYS, ALLEYS,
SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY;
PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY
UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS
GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE
PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC
RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELE-
COMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY
CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A
RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES;
PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR
WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE
TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN
EFFECTIVE DATE.
and WHEREAS, said Ordinance was on the 21st day of April,
1992, 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 Ordinance, and
files this its written acceptance with the City Secretary of
Corpus Christi, Texas. Pursuant to the terms of said
Ordinance and this Acceptance, said Ordinance shall become
effective on July 1, 1992.
Dated this rt day of u_KA , 1961
SOUTHWESTERN BELL
TELEPHONE COMPANY
President-Tsion<WL
Acceptance filed in the of ce of the City Secretary of
Corpus Christi, Texas this �, -day of , 195L.
City Secretary
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #17367
PO #
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE NO. 021373 WHEREBY THE CITY OF
CORPUS CHRISTI, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 26th day of April, 1992.
One Time(s)
$ 104.40
Business Off
Subscribed and sworn to before me this 15th day of
May, 1992.
(12btc4 O(CCavveca
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
apyssw
DEBRA VIW ?RE's
Notary Public
Stan of Texas
My Comm. Exp 42493
PUBLISHER'8 AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #63970
PO #
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING WHEREBY THE
CITY OF CORPUS CHRISTI, TEXAS AND SOUTHWESTERN BELL TELEPHONE
COMPANY AGREE which the annexed is a true copy, was published in
the Corpus Christi Caller -Times on the 22nd day of March 1992.
One Time(s)
$ 107.30
Business Office Secretary
Subscribed and sworn to before me this 10th day of
April , 1992.
1th a ct,wPa
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
DE'r L`-
y�r.
• >7 1 �4 7
My r r•
PUBLISHER'S AFFIDAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad #47721
PO #
Before me, the undersigned, a Notary Public, this day personally
came Anna Steindorf, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING WHEREBY THE
CITY OF CORPUS CHRISTI, TEXAS. AND SOUTHWESTERN BELL TELEPHONE
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 29th day of March, 1992.
One Time(s)
Business Offic Secretary
$108.75
Subscribed and sworn to before me this 13th day of
April , 1992.
aQtiot Oa
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
ON S
BB NG
HE
ctTHE CITY
C.HRISTI, TEXA
NO THWESTERN BE
ELEPHONE COMPAN
GREE THAT, FOR THE PUR-
NI
OP ENICATIONS
ERATING ITS
ELECO
USINESS. TELEPHONE
MPANY SHALL MAINTAIN
ND CONSTRUCT ITS
LES, WIRES, ANCHORS,
BER, CABLES, MANHOLES,
ONDUITS AND OTHER,
YSICAL PLANT AND AP-F
URTENANCES IN, ALONG,
CROSS, ON, OVER
HROUGH, ABOVE AND UN-
ER ALL PUBLIC STREETS,'
VENUES, HIGHWAYS.
LLEYS, SIDEWALKS, BRID-
ES OR PUBLIC WAYS IN
AID CITY: PRESCRIBING
HE ANNUAL COMPENSA-
ON DUE THE CITY UNDER
HIS ORDINANCE IN THE
MOUNT OF 51,710,000
NNUALLY COMMENCING,'
AY 1, 1992; INDEXED TO
CREASE IN THE LOCAL'
ALES TAX ON TELECOM-1
UNICATIONS AND CITY!
SE OF CERTAIN TELE--
-PHONE COMPANY
!FACILITIES: PRESCRIBING
THE CONDITIONS GOVERN-
ING THE USE OF PUBLIC
RIGHTS-OF-WAY AND THE
PERFORMAKE OF CERTAIN
CONSTRUCTION WORK ON.
PUBLIC RIGHTS-OF-WAY
FOR THE TELEPHONE COM-
P A NY 'St
TELECOMMUNICATION
SS: PROVIDING A
Y CLAUSE: SPECI
VING GOVERNING LAWS
VICIING FOR A RELEAS
AU. CLAIMS UNDER PRI
ORDINANCES: PROVIDING
OR FUTURS CONTINGEN-
IES: PROVIDING FOR
RITTEN ACCEPTANCE OF
HIS BY THE
4 404: • • ANY; A
V
IATEAM
FIVE
A CIT
OPTI• strap F
TWO MON YEAS AND A
EFFECTIVE DATE OP JULY 1
1992.
A copy of HID montis
on Ns in MK Wretary'
office
This SHIMS* as pass
and away' a swan
readinar *sat count!'
the ot Christi
Tessa trier alti day o
M/5/ Armando Cha
NOT }AGE OF OR-
DIN et FL ST READING
W THE CITY OF
ARB'�DUTHWESTERN BELL
TELEPHONE COMPANY I
AGREE THAT, FOR THE PUR- c
POSE OF OPERATING ITS t
TELECOMMUNICATIONS C
BUSINESS, THE TELEPHONE C
COMPANY SHALL MAINTAIN a
AND CONSTRUCT ITS p
POLES, WIRES, ANCHORS, C
FIBER, CABLES, MANHOLES,
CONDUITS AND OTHER n
PHYSICAL PLANT AND AP- o
PURTENANCES IN, ALONG, p
ACROSS, ON, OVER, b
THROUGH, ABOVE AND UN- 7
DER ALL PUBLIC STREETS, ti
AVENUES,. HIGHWAYS, h
ALLEYS, SIDEWALKS, SRID- 1
GES OR PUBLIC WAYS IN C
SAID CITY; PRESCRIBING c
THE ANNUAL COMPENSA-
TION DUE THE CITY UNDER t
THIS ORDINANCE IN THE L
AMOUNT OF $1,710,000 c
ANNUALLY COMMENCING c.
MAY 1, 1992; INDEXED TO
INCREASES IN THE LOCAL "
SALES TAX ON TELECOM-t
MUNICATIONS AND CITY •
USE OF CERTAIN TELE-r
PHONE COMPANY FACIU- 1
TIES; PRESCRIBING THE
CONDITIONS GOVERNING
THE USE OF PUBLIC
RIGHTS-OF-WAY AND THE
PERFORMANCE OF CERTAIN
CONSTRUCTION WORK ON
PUBLIC RIGHTS-OF-WAY
FOR THE TEI,EPHONE COM-
PANY'STELECOMMUNI-
CATIONS BUSINESS; PRO-
VIDING AN INDEMNITY
CLAUSE: SPECFYING GOV-
ERNING LAWS: PROVIDING
FOR A RELEASE OF ALL
CLAIMS UNDER PRIOR ORDI-
NANCES; PROVIDING FOR
FUTURE CONTINGENCIES;
PROVIDING 'FOR WRITTEN
ACCEPTANCE OF TENS ORDI-
NANCE BY THE TELEPHONE
COMPANY; AND PROVIDING
FOR A TERM OF FIVE YEARS
WITH A CRY OPTION TO
EXTEND
FOR TWO MORE YEARS
AND AN EFFECTIVE DATE
OF JULY 1, 1992.
A copy of agreement
is on file in the City
Secretary's MBce.
The ordinance was passed
and approved on first reeding
by the City Council M the City
M the City M Corpus Christi,
Texas on the 17th day of
rmendo'Claim t
Nora OF PASYAGE
OF ORI NANCE NO. 021373
WTME CITY OF
a
C1WSTewTEXAS, YumwE
WL
NE COMPANY
AGREE THAT, P00 THE PUR-
POSE OF OPERATING ITS
TELECOMMUNICATIONS
BUSINESS, THE TELEPHONE
COMPANY SHALLMAINTAN
AND CONSTRUCT ITS
POLES, WINES, ANCHORS,
C RC BLES, MANHOLES,
S AND OTHER
micro {; PLANT AND AP-
PURTENANCES M. ALONG,
ACROSS. ON, OVER,
THROUGH, ABOVE AND UN-
DEIL AU. PUBLIC STREETS,
AVENUES, HIGHWAYS,
ALLEYS, SIDEWAUCB, BR10-
C $ OR PUBLIC WAYS IN
;NAEP CITY; PRESCRIBING
T ANNUAL COMPENSA-
TION DUE THE CITY UNDER
THIS ORDINANCE IN THE
AMOUNT OF 61,710,000
ANNUALLY COMMENCING
MAY 1, 1992; INDEXED TO
INCREASES N THE LOCAL
SALES TAX ON
MUNICA ONS AND TELEC CITY
USE OF CERTAIN TELE-
PHONE COMPANY
FACILITIES; PRESCRIBING
THE CONDITIONS GOVERN-
ING TME USE OF PUBLIC
RIGHTS-OF-WAY AND THE
PERFORMANCS CERTAIN
CONSTRUCT mWORI: -ON
PUBLIC MGHTS-OF-WAY
FOR THE TWNQNE COM-
PANY'S TELECOMMUN-
ICATIONS
PRO-
VIDING AN INDEMNITY
CLAUSE; SPECIFYING GOV-
ERWIG LAWS; PROVIDING
FOR A RELEASE OF ALL
CLAIMS AINNE ,P$OR ORDI-
NANCES; PROVIDING FOR
FUTURE CONTINGENCIES:
PROVIDING FOR WRITTEN
ACCEPTANCE OF THIS ORDI-
NANCE-SY THE TELEPHONE
COMPANY; AND PROVIDING
FORA TERM OF FINE YEARS
WITH A CITY OPTION TO
U EXTEND FOR YEARS AND AN EFFO ECTIVE
rDATE OF JULY 1, 1992.
�' A copy of tM agreement is
On file in the City Secretary's
office.
The ordinance was passed
and approved on Burd reeding
by the City Council of the City
of Corpus Christi, Texas on
the 21st day of Apol, 1992.
1
/1/ Armando
City Secretary
.