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 Uvalde
 Code of Ordinances
 APPENDIX - FRANCHISES*
 Appendix C. TELEPHONE*

  § 16. Future contingency.  

Latest version.

  • (a)

    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 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.

    (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 or 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.

(Ord. No. 92-06, § 16, 6-9-92; Ord. No. 97-05, 6-24-97; Ord. No. 98-08, § 2, 7-14-98)