ORD 481 12/10/1996IN
NO.!1 481
AN ORDINANCE WHEREBY THE CITY OF CIBOLO, TEXAS, AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 430 TO PROVIDE FOR A LONGER TERM AND TO
ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE
CHANGES MADE BY THE PUBLIC UTILITY REGULATORY ACT OF
1995, 74TH LEG., R.S. CH, 231, TEX. SESS. LAW SERV.
2017 (VERNON) (TO BE CODIFIED AS TEX. REV. CIV. STAT.
ANN. ART. 1446C-0).
WHEREAS, the City of Cibolo, hereinafter referred to as the
"CITY", adopted and approved Ordinance No. 430 on November 26,
1991, which was accepted by Southwestern Bell Telephone Company,
hereinafter referred to as the "TELEPHONE COMPANY", on December
13, 1991; and
WHEREAS, TELEPHONE COMPANY and the CITY desire to extend the
term of Ordinance No. 430 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. 430 be
extended; and
WHEREAS, it is recognized by the parties that provisions set
forth in Ordinance No. 43.0 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. 430 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 CIBOLO, TEXAS, THAT;
RPr,t;on 1 Section 4 of Ordinance No. 430 entitled TERM is
hereby amended to read as follows:
This ordinance shall be in force, and in effect from
January 1, 1997, through December 31, 1997, unless
earlier terminated pursuant to' Section 16, provided
that at the expiration of this- initial period, such
term shall be automatically extended for successive
periods of one (1) year, unless written notice of
intent to terminate this agreement is given by either
party not less than one hundred eighty (180) 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.
1
SPct;nn 2. Section 16 of Ordinance No. 430 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
Pr after the date that (1) any entity applies for an original of,
or an amendment to, a consent, franchise or permit with the CITY
for use of the RIGHTS-OF-WAY in the CITY for the provision of any
telecommunications service; or (2) any entity with an existing
consent, -franchise, or permit for use of the RIGHTS-OF-WAY in the
CITY files an application with the Public Utility Commission of
Texas for a certificate of operating authority or a service
provider certificate of operating authority which includes any
geographic area which is wholly or partially within the corporate
limits of the CITY.
S2-t�. 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 January 1, 1997.
Passed and approved hereof this 101H day of % eaves , A.D., 1996.
Mayor,
City of Cibolo, Texas
ATTEST:
City Secretary
I Rkdy Qer( 4ack'G5 City Secretary
of the City of Cibolo, Texas, do hereby certify that the
foregoing is a true and correct copy of Ordinance Number`9I ,
finally passed and approved by the City Council of Cibolo, Texas,
at a regular meeting held on the Lotti day of beuz lofr , 199(p.
� 4- -)��
City Secretary
91
OCT -22-S6 18.28 FROM.SWE MUNI RELATIONS ID.214464S836 PAGE 1/6�
Soutbwestem Bell Telephone
DATE:
PLEASE DELIVER TO:
Name: _ ZGI
Company:
Phone: ltd !� 8 SOD
Fax: acd 254
❑Urgent .01 or your review []Reply ASAI ❑ Please Comment
From:
OLinda Berndt 214464-0955
OSandra Lewis x2160
OJohn McInnis x0889
OCarrie Torti x3487
/Bob Burton 84051
oMarsha Pate x3070
❑Jamie Benson x4281
❑Jeannie Miller x2976>v-
pPatricia Raglin x6167' 0 2
020 Roo ^One Bell Plaza, Room 3
Dallas, TX 75202 ? 0 , 4i C)x
- Fax (214) 464-5838
r,
Page(3) following this cover page:
Comments: �!
OCT -22-S6 16.26 FROM- SW6 MUN. RELATIONS ID=2144645836 PAGE 2/5
(b) The commission may grant.applications and issue certificates only !-!' the c.omtnission
finds that the certificate is necessary for the service, accomnodatinn, conv:maice, or
safety of the public, The commission may issue the certificate as prslred to.-, refuse to
issue it, or issue it for the construction of.a portion only v'the come- kplatel l sr;tem or
facility or extension thereof or for the partial exercise only of the right or prh iiege.
(c) Certificates of convenience and necessity shall be granted on a nomiiacrimitatoly basis
after consideration by the commission of the adequacy of •Astittg se" I ice, the need for
additional service, the effect of the granting of a certiffi=e on tin: reciFient of the
certificate and on any public utility of the same kind akead: f servi 19 the pro) imz:e area,
and on such factors as community values, recreational and park aivas, hktori;aI and
aesthetic values, environmental integrity, and the probabl. improvement W' service or
Iowering of cost to consumers in such area resetting from the tgamiwtg of such
certificate. [Sec. 54 (part)]
Sec. 3..$55. AREA INCLUDED WMMT CrrY, TOWN, OR VILLAGE.
(a) If an area has been or shall be included -within the boundaries of a ol,r, tow -4 or village
as the result of annexation, incorporation, or otherwise, all teleconummicat ons utilities
certified or entitled to certification under this Act to provide service rc operate facilities
in such area prior to the inclusion shall have the right to continue an:. exter. d service in
its area of certification within the annexed br incorporatei arra, putttuant t o the rights
granted by its certificate and this Act.
(b) Notwithstanding any otherprovision of law, a: certificatod telecomriumia tions utility
SW bave the'right to continue and extend service within is area of t7er0c htion'and to
utilize the roads, streets, highways, alleys, and public property ..:,r the purpose of
furnishing such retail utility service; subject to the sutdhody of the inwernir g body of a
municipality to require any certificated telecommlmicatialls uth�iM ?:: its uvn (atpense,
to relocate' its facilities to permit the widening or straigh tering of uxeets )y giving to
the certificated telecommunications utility 30 days• notice and ilrecifyiug the new
location for the facilities along the right of way of the sweet or street:.
(c) This section may not be construed as limiting toe power cf cities, tomm at d vilages to
incorporate or eidend their boundaries by amW-adort [Sec. 55 (par .I
Sea 3.2555. DISCRI1 MATION.
(a) An applicant for a certificate of operating authority or service pmAder :ertiacate of
operating authority shall file with its application a swonc statement: that i has applied
for airy necessary municipal consent,. Sanehise., or permit requun't:d for the type of
services and facilities for which it has applied Notwlth;xaanndtng"I'rt►on 1.103 of this
Act,.a municipality may not discraninate against a telecommunicatkOs uti ty in relation
OCT -22-86 16.27 FROM.9WH MUN. RELATIONS ID.2144649938 PAGE 3/9
(1) the authorization or placement of telecommtmiations facilities within. public
right-of-way;
(2) access to buildings; or
(3) municipal utility pole attachment rates, terms, and condition.,, to thy; me= not
addressed by federal law.
(b) In the granting of consent, franchises, and permits for the use of public scree s, a1eys, or
rights-of-way within its corporate municipal limits, a mun.cipality rcai;/ not liscriminate
in favor of or against a telecommunications utility that holds or Ilas al-pliel for a
certificate of convenience and necessity, certificate of operating v :hority, or service
provider certificate of operating authority all in relation to:
(1) the authorizing, placement, replacement, or removal Of 1::1ecomaunications
facilities within public ri_ehts-of-way and the reasonable eornaensaton therefor
of whatever Idnd, whether money, services, ust of facil-::iM o:• any other
consideration; or
(2) municipal utility pole attachment or undergrourd condesi rates, teens, and
conditions, to the extent not addressed by federal Iaw, proviclud that a municipal
utility may not charge pole attachment rates or undergrouru9. condo it rtes that
exceed the fee the utility would be permitted to clusge if its rakes were regulated
under federal law and the rules ofthe Federal COmmunicati011" Com nim'On'
(c) Whenever a telecommunications utility holds a eonseat, fiuldbise, oa permit as
determined to be the appropriate grants of authority by the municipality; and where
required by this Act, a certificate, a public or private propexty owner may m t:
(1) interfere with or prevent such a telecommunications utility fie m inst filing on the
owners property telecommunications service faali3es requeta::d by al tenant;
(2) discriminate against one or more such teleconnntuilcations ul:.11Ues is rec.ation to
the installation, terms, conditions, and compensation of r:3econmunications
services facilities to a tenant on the owner's property;
(3) demand or accept an Unreasonable payment in aM' form from a tem nt cr such a
telecommunications utility for allowing the utility on or 'within the owner's
property, or
(4) discriminate in fIvor or against a tenant in any manner, inclu,ling re alas charges,
-because of the telecommunications utility frora which alae tenant receives
telecommunications services.
(d) Notwithstanding Subsection (c) of this section, whenever a telecommunications utility
holds a municipal consent, franchise, or permit as dettrmined tc be thc. appropriate
120
OCt-22-86 16.28 FROM.SWE MUN. RELATIONS IO. 2144645836
PAGE 4/5
grant of authority by the municipality, and where required by this A.:4 a C( tifi :ate, a
public or private property owner may.
(1) impose conditions on such telecommunications utility th"t' are reasonably
necessary to protect the safety, security, appear nice, and oondit.on of the
property and the safety and convenience of other persons;
(2) impose reasonable limitations on the times at whish such to;lecomrmni;xtions
utility mayhave access to the property for the instal ation of tul ixomrumi uitions
services facilities;
(3) require such telecommunications utility to agree to indemnify the ov.mer of any
damage caused by the installation, operation, or rea oval of thn f icrlit es;
(4) require the tenant or the telecommunications utility to bear thr. entire cos. of the
hnstallation, operation, or removal of the facilities;
(6) impose reasonable limitations on the number of such r.=omtmmications
utilities having access to the owner's property if the owner can cemunstr'ate
space constraints that require such limitations; and- -
(6) require such telecommunications utility to pay cortpensatior, ibat is reasonable
and nondiscriminatory among such telecommunicat.ons atilit5h.s.
(e) Notwithstanding any other provision of law, the comnission h-; . the jurisdiction
necessary to enforce this section_
(f) Nothing in this Act shall restrict or limit a municipaliWs historical ri(1ht to zontrol and
receive reasonable compensation for access to its public st.WM alley', or ri;Olts.-of-way
or other public property.
Subsection (c) of this section does not apply to an instita:tion of hi,;aer ed ication. In
this subsection, "institution of higher education" has the mraming assigned by
Section 61.003, Education Code, and also includes a "private or incltgaendert itr4tution
of higher education" as that term is defined by Section 61.W3, Education Code.
(h) The holder of a certificate of convenience and necessity, oWUi ;ate Cf oneranng
authority, or service provider certificate of operating authority sha]I have the right to
collect the fee imposed by a municipality under this section through m, pro rata charge to
customers within the boundaries of the municipality imposing the rix, winch may be
shown as a separate line item on the customer bill
(i) This section does not require a public or private property owner to utter ill'O, a contract
with one or more telecommunications utilities for the! provision of sl ated tenant
services on a property.. .
121
•OCT -22 -SB 16=28 FROM.SWE MUN. RELATIONS 23).2144645836 PAGE 5/5
This Act takes effect September 1, 1995- Section 3.2555, public UtlityRegul:3io7yA;t of 1995,
as enacted by S.B. 319, Acts of the 74th Legislature, Regular Seca ion, 1995, as a& fed ,iy this
Act, applies only to a franchise or contract entered into or anend:d on or cpi'er Septen'ber 1,
1995. A franchise or coniracf.entered into before September 1, V95 and »m' a ej idea on or
after that date is governed by the law in effect when the contract was emared tato or last
amendea; and that law is continued in effect for that purpose.
Sec. 3.256. CONTRACTS VALID AND ENFORCEAW E. Conlracts bcxween
telecomnnmicarions utilities designating areas to be served 'and customers to be served by
those utilities, when approved by the commission, shall be valid and enforceable a ad shall be
incorporated into the appropriate areas of certification. [Sec. 56]
Sec. 3.251. PRII.INIINARY ORDER.I<OR CERTIFICATE. If i telecom"'anicat.ons tItlllty
desires to exercise a right or privilege under a franchise or pamit whish it ccnteriplates
securing but which has not as yet been granted to it, such telc;communir. Sons jdBy may
apply to the commission for an order prelimutary to the issuance of t1u: certifixte. The
commission may thereupon make an order declaring that it will, on applkation, Ander such
roles as it prescribes, issue the desired certificate on such terms anal condiiom: as it
designates, after the telecommunications utility has obtained the eomemphated fandrise or
permit. On presentation to the commission of evidence satisfactory to it tP.:: the franchise or
permit has been secured by the telecommunications utility, the commiss'::m shat issue the
certificate. [Sec. 57]
Sec. 3.2571. FLE}ZI 11= PLAN. After an application for a acrtificate cf, convenience and
'n'ecessi% certificate of operating auth",rrity, or service provider certificate of operating
authority is granted or the commission determines that a certificate is tat neeced •nor the
services to be provided by the applicant, the commission s.ull conduct pro:eedings it
determines appropriate to establish a transitional flexibility p.an for the incrulbent local
exchange company in the same area or area as the new certifies ze holder. Bowe ter, a basic
local telecommunications service price of the incumbent local exchange car,:,pang gray not be
increased until four years following the grant of the certificate to the applice:A� except'.
(i) as provided by this Act; or
(2) when the new applicant has completed its build-out:,,.,Ian rtgd-ed by
Secdon 3.2531 or when a competitor for basic 101 teleeomnvmicat ons service
provides such service in an area where the build -Out requO.-ments hate been
eliminated.
Sec. 3.2572. MARKET POWER MT.
(a) Notwithstanding any other provision of this Act, on notice and heart?!;, the commission
may grant price deregulation of a specific service in a pzrticular goagraph'.c market if
the commission determines that the incumbent local exchange company or c ertiiicate of
operating authority holder that is a dominant provider is no longer :l:unirm"t a=_ to that
specific service in that particular geographic market For purposes -:)"this section only,
122
ACCEPTANCE
WHEREAS, the City of Cibolo, Texas did on the 10th day of December, 1996,
enact Ordinance Number 481 entitled:
AN ORDINANCE WHEREBY THE CITY OF CIBOLO, TEXAS, AND
SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO AMEND
ORDINANCE NO. 430 TO PROVIDE FOR A LONGER TERM AND TO
ADD TERMINATION AND OTHER PROVISIONS AS A RESULT OF THE
CHANGES MADE BY THE PUBLIC UTILITY REGULATORY ACT OF
1995,74T" LEG., R.S. CH, 231, TEX. SESS. LAW SERV. 2017
(VERNON) (TO BE CODIFIED TEX. REV. CIV. STAT. ANN. ART.
1446C-0).
and WHEREAS, said Ordinance was on the 10th day of December, 1996,
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 the City of Cibolo, Texas in her Office.
Date this —r day 19-ff
SOUTHWESTERN BELL TELEPHONE
Acceptance filed in the office of the City Secretary of the City of Cibolo, Texas
this -lit, day of MafcL\ , 19 On .
City Secretary
® Southwestern Bell
"The One to Call On".
March W, 1997
The Honorable Sam Bauder
Mayor
City of Cibolo
P. O. Box 88
Cibolo, Texas 78108-0088
Dear Mayor Bauder:
Attached are two originals of Southwestern Bell Telephone Company's signed
acceptance of amending Ordinance 481 which was passed by the City of Cibolo
on December 10, 1996. This ordinance amended Ordinance No. 430 to
provide for a longer term and becomes effective on January 1, 1997.
After the filing date has been noted by the City Secretary, one countersigned
acceptance document should be returned to me for filing with Southwestern Bell
Telephone's official records.
Please return the acceptance document in the attached envelope. Any questions may be
referred to me on 210-222-3877.
17
�j Evelyn Hamson
Area Manager-Extemal Affairs
Attachments