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ORDINANCE NO. 112
AN ORDINANCE WHEREBY THE CITY OF I{ENNEDALE, TEXAS, AND
SOUTHWESTERN HELL TELEPHONE COMPANY AGREE TO AMEND ORDINANCE
NO. 4 TO EXTEND THE TERM OF THE RIGHT-OF-WAY AGREEMENT AND
PROVIDING AN EFFECTIVE DATE UPON ACCEPTANCE.
WHEREAS, the City of Kennedale, hereinafter referred to as the
"CITY", adopted and approved Ordinance No. 4 on July 23, 1996, which
was accepted by Southwestern Bell Telephone Company, hereinafter
referred to as the "TELEPHONE COMPANY", on August 8, 1991; and
WHEREAS, it is to the mutual advantage of both the CITY and the
TELEPHONE COMPANY that the term of Ordinance No. 4 be extended; and
WHEREAS, it is recognized by the parties that provisions set
forth in ordinance No. 4 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. 4 constitutes an interim arrangement to accommodate the
needs of the parties, pending clarification of the interpretation and
application of the Revised PURR.
NOW, THEREFORE, HE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF
FCENNEDALE, TEXAS, THAT:
Section 1. Section 4 of Ordinance No. 4 entitled TERM is hereby
amended to read as follows:
This Ordinance shall be in force and in effect from October
1, 1996 through December 31, 1997, unless earlier terminated
pursuant to Section 16, provided that at the expiration of
this initial period, such term may be extended by mutual
written agreement of the CITY and TELEPHONE COMPANY.
Section 2. The TELEPHONE COMPANY shall have thirty (30) days from
and of*er 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, 1996.
PASSED AND APPROVED this 12th day of September, 1996.
APPROVED:
J , - r
Mayo obert Mummy
City of Kenne,,~~aa-~•- Texas
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ATTEST:
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City Secn tart'
I, KATHY TURNER ,
Kennedale, Texas, do hereby certify
correct copy of Ordinance Number 112,
City Council of Kennedale, Texas, at
day of September, 1996.
SEAL
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Cit Sec etary
City Secretary of the City of
that the foregoing is a true and
finally passed and approved by the
a regular meeting held on the 12th