Ord. 0637-01 10-13-97ORDINANCE NO. 637-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 637, WHICH ADOPTED THE
CITY'S FRANCHISE AGREEMENT WITH SOUTHWESTERN BELL
TELEPHONE COMPANY, FOR PURPOSES OF EXTENDING SAID
FRANCHISE AGREEMENT FOR A PERIOD OF ONE (1) YEAR;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A
REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Pearland ("City") and the Southwestern Bell Telephone
Company ("Telephone Company") wish to extend the terms of their franchise
agreement as set forth in Ordinance No. 637 for a period of one (1) year, pursuant to
the new conditions set forth herein; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The Telephone Company and the City hereby mutually agree to
extend the terms of their franchise agreement as set forth in Ordinance No. 637 (a
copy of which is attached hereto as Exhibit "A" and incorporated herein for all
purposes), with the following amendments:
(1) Section 4, Term, of Ordinance No. 637 is hereby amended to the extent
necessary to reflect the parties' intentions that this extended agreement
will be for a period of one (1) year from the date this instrument is
executed.
(2) Section 12, Compensation to the City, of Ordinance No. 637 is hereby
amended to the extent necessary to reflect the parties' intentions that
the City's charge imposed upon the Telephone Company's gross
receipts, which is based upon the growth factor formula set forth in
Ordinance No. 637, in no event shall be less than the charge reflected
for the calendar year of 1997.
Section 2. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved for
the benefit of the City.
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ORDINANCE NO. 637-1
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith or in conflict with state or federal regulations are hereby repealed but only
to the extent of such conflict.
Section 5. Effective Date. This Ordinance shall become effective upon
passage and approval of its second reading. /�
PASSED and APPROVED on First Reading this the 22#-/ day of
, A.D., 1997.
ATTEST:
"4,7
NG
Y SE ETARY
TOM REID
MAYOR
PASSED and APPROVED on Second and Final Reading this the 13, J day of
Oej61.—LizA_, , A.D., 1997.
TOM REID
MAYOR
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ORDINANCE NO. 637-1
ATTEST:
Y
•
APPROED AS TO FORM:
A Y M• ES McCULLOUGH
CITY ATTORNEY
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