OR 93-633 GTE Southwest ORDINANCE NO. 93633
AN ORDINANCE WHEREBY THE CITY OF COPPELL, TEXAS, AND GTE
SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE
COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN,
MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS
THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND
PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES,
CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND
FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF
TELEPHONE AND OTHER COMMUNICATION SERVICES IN SAID CITY;
PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC
RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S
TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE ANNUAL
COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PROVIDING
AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING
FOR ASSIGNMENT; FOR A TERM; FOR FUTURE CONTINGENCIES; FOR
REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY;
FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; FOR
LIMITATIONS PERIOD; AND FOR METHOD OF ACCEPTANCE.
COPPELL2 - Page 1
WHERFa~S, GTE Southwest Incorporated, 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 Coppell, 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 Unnumbered ,
adopted June 3, 1957, which provided compensation to the City for
the superintendence of that agreement based upon a percentage of
gross receipts/revenues 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 hereto that
changes in the telecommunications industry, changes in technology,
changes in state and federal law, and changes in the accounting
practices mandated by the UniformSystem of Accounts promulgated by
the Federal Communications Commission ("FCC"), along with
regulatory requirements of the Public Utility Commission of Texas
("PUC"), have caused the traditional method of determining the
COPPELL2 - Page 2 -
amount of compensation to municipalities to become impractical for
telecommunications utilities. In order to address these issues in
a manner beneficial 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 public rights-of-way within the
City's corporate limits in the future;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT:
SECTION 1. DEFINITIONS
Whenever used in this Ordinance, the following words and terms
shall have the definitions and meanings provided in this section:
COPPELL2 - Page 3 -
(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) 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 or data or other purposes.
(c) RIGHTS-OF-WAY: All present and future streets, avenues,
highways, alleys, bridges, viaducts and public grounds within the
city limits of the City.
(d) CITY: The City of Coppell, Texas.
(e) TELEPHONE COMPANY: GTE Southwest Incorporated.
SECTION 2. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND
SERVICE
Pursuant to the laws of the State of Texas, the Telephone Company
has the non-exclusive right and privilege to use and occupy the
public rights-of-way in the City for the operation of a
telecommunications system. 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
COPPELL2 - Page 4 -
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 shall include
the provision of telecommunications services in any newly annexed
areas upon the effective date of such annexation.
SECTION 3. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS
(a) All poles to be placed shall be of sound material and
reasonably straight, and shall be so set or relocated, when
necessary, such that they will not interfere with the flow of water
to any gutter or drain, and so that the same will interfere as
little as practicable with the ordinary travel on the street or
sidewalk. The location and route of all poles, stubs, guys,
anchors, conduits and cables to be placed and constructed by the
Telephone Company in the construction and maintenance of its
telecommunications system in the City, and the location of all
conduits to be laid by the Telephone Company within the limits of
the City under this Ordinance, shall be subject to the reasonable
and proper regulation , control and direction of the City Council
COPPELL2 - Page 5 -
or of any City official to whom such duties have been or may be
delegated.
(b) Except in an emergency, the Telephone Company shall secure any
requisite permits as may be required from time to time by the City
prior to the disturbance of any public street, avenue, highway,
alley, sidewalk or public way, and such permit will be granted at
no cost to the Telephone Company. Engineering plans for projects
involving significant amounts of new buried cable and underground
conduit systems to be placed in the rights-of-way shall be
submitted to the Public Works Department for review and approval
prior to construction.
(c) The City expressly reserves the right to change the grade,
install, relocate or widen the public streets, sidewalks, bikeways,
alleys, public thoroughfares, highways and public ways within the
present limits of the City and within said limits as same may from
time to time be extended and the Telephone Company shall relocate
within the rights-of-way, at its own expense, its poles, wires,
cables anchors, manholes, conduits or other facilities or
appurtenances to accommodate such public improvement projects.
(d) Nothing in this Ordinance is intended to add to or detract
from any authority granted by the Legislature of the State of Texas
to the City.
- Page 6 -
SECTION 4. ATTACHMENTS TO POLES AND SPACE IN DUCTS
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 are
authorized to operate within the City.
SECTION 5: STREETS TO BE RESTORED TO GOOD CONDITION
(a) Unless additional time is required, the surface of any street,
avenue, alley, highway, viaduct or public ground within the City
disturbed by the Telephone Company in building, constructing,
renewing, or maintaining its telecommunications system shall be
restored within 72 hours after completion of the work to as good a
condition as before the commencement of the work and maintained to
COPPELL2 - Page 7 -
the satisfaction of the City Council, or of any City official to
whom such duties have been or may be delegated, for two years from
the date the surface of said street, avenue, alley, highway,
viaduct or public ground is broken for such construction or
maintenance work, after which time responsibility for the
maintenance shall revert to the City. In the event additional time
is required by Telephone Company to complete restoration of the
surface, Telephone Company shall notify the City and request
authority to exceed the 72 hour requirement. No such street,
avenue, alley, highway, viaduct or public ground shall be
encumbered for a longer period than shall be necessary to execute
the work; and further provided that at the end of each workday
during the period of construction, Telephone Company shall, within
reason, restore trafficability to any rights-of-way that may have
been impaired during the workday.
{b) In the event the Telephone Company, after reasonable notice by
the City, fails or refuses to take the necessary action to restore
a surface condition for which the Telephone Company was
responsible, then the City, at the discretion of the City Engineer,
shall have the power to remove, abate or correct the same with all
reasonable and necessary expenses being the responsibility of the
Telephone Company.
SECTION 6. TEMPORARY REMOVAL OF AERIAL WIRES
The Telephone Company on the request of any person shall remove or
COPPELL2 - Page 8 -
raise or lower its wires within the City temporarily to permit the
moving of houses or other bulky structures. The expense of such
temporary removal, raising or lowering of wires shall be paid by
the benefitted party or parties, and the Telephone Company may
require such payment in advance. The Telephone Company shall be
given not less than forty-eight (48) hours advance notice to
arrange for such temporary wire changes. The clearance of wires
above ground shall conform to the basic standards of the National
Electrical Safety Code, National Bureau of Standards, United States
Department of Commerce, as promulgated at the time of erection
thereof.
SECTION 7. TREE TRIMMING
In the pursuit of maintaining its telecommunications system, the
Telephone Company, its contractors, agents, successors and assigns
shall have the right to trim trees upon and overhanging the
streets, avenues, alleys, bridges, viaducts and public grounds of
the City, so as to prevent the branches of such trees from coming
in contact with the wires, cables or other facilities of the
Telephone Company, and when so ordered by the City, said trimming
shall be done under the supervision and direction of the City
Council or of any City official to whom said duties have been or
may be delegated.
SECTION 8. COMPENSATION TO THE CITY
(a) As compensation for the Telephone Company's use and occupancy
COPeELL2 - Page 9 -
of the City's rights-of-way and for the City's oversight and
supervision of such use and occupancy, in consideration for all
other agreements and promises made herein by the City and in lieu
of and in full compensation for any lawful tax, license, charge,
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 the 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 laws, the
City hereby imposes upon the Telephone Company, and the Telephone
Company agrees to pay, an annual fee upon the Telephone Company
(the "Annual Fee".) The amount of the "Annual Fee" for each year
of this Ordinance shall be either $60,000 or an amount equal to the
total amount billed by applying the per customer fees described at
Attachment A hereto, whichever is greater. In no event shall the
"Annual Fee" be less than $60,000 for any year this Ordinance is in
effect, except as provided in the case of disannexation as set
forth in paragraph 8(e), or as provided in Section 13 herein.
The Telephone Company will bill to its customers residing within
the corporate limits of the City customer fees listed in Attachment
A. The customer fees listed in Attachment A may not b e increased
during the term of this Ordinance without approval by a three
fourths vote of the City Council.
COPPELL2 - Page 10 -
(b) The "Annual Fee" for each year shall be paid in four
payments. The due dates shall be March 31, June 30, September 30,
and December 31, with the first payment under this Ordinance due on
March 31, 1994.
(c) The City agrees to rely upon the growth process in local
exchange access lines in determining growth of future payments in
lieu of any other audit process for the duration of this Ordinance.
(d) Payment of the "Annual Fee" 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 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 as described in Section 8(a)
above, 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) In the event that either (1) territory within the boundaries of
COPPELL2 - Page 11 -
the City shall be disannexed and a new incorporated municipality
created which includes such territory or (2) an entire, existing
incorporated municipality shall be consolidated or annexed into the
City, then notwithstanding any other provision of this Ordinance,
the charge shall be adjusted. To accomplish this adjustment,
within sixty 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 Fee
paid to the City will be adjusted to include the amount of the
Annual Fee paid by the Telephone Company to the existing
incorporated municipality being annexed. In the event that the
annexed municipality had no ordinance imposing an Annual Fee or in
the event of a disannexation, then the adjustment to the Annual Fee
will be made based on the City's net gain or loss of telephone
subscribers using the same methodology prescribed in section 7(a)
above. The effective date of the adjustment shall be within 120
days following the annexation/disannexation action by the City,
provided that the City will have supplied the appropriate
annexation/disannexation maps to the Telephone Company in
accordance with the provisions herein.
SECTION 9. SUCCESSORS AND ASSIGNS
The rights, powers, limitations, duties and restrictions herein
COPPELL2 - Page 12 -
provided for shall inure to and be binding upon the parties hereto
and upon their respective successors and assigns.
SECTION 10. PERIOD OF AGREEMENT
This agreement shall be in full force and effect for the period
beginning with the effective date hereof and ending five (5) years
after such date.
SECTION 11. 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 Unnumbered,
adopted June 3, 1957, and amended, renewed or extended from time to
time thereafter, and its predecessor ordinances, if any,
(hereinafter referred to collectively as "Ordinance 6-3-57"). This
full and complete release of claims for any matters under Ordinance
6-3-57 shall be for the benefit of GTE Southwest Incorporated; 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
Telephene Company's obligations to the City pursuant to the
provisions of Ordinance 6-3-57. GTE Southwest Incorporated, its
parent, 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
COPPELL2 - Page 13 -
have been made, known or unknown, against the City, its officers or
its employees, arising directly or indirectly out of or connected
with any matters under Ordinance 6-3-57.
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 release 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 or which
could be asserted against the other.
SECTION 12. PARTIAL INVALIDITY AND REPEAL PROVISIONS
If any Section, sentence, clause, or phrase of this Ordinance is
for any reason held to be illegal, ultra vires or unconstitutional,
such invalidity shall not affect the validity of the remaining
portions of this Ordinance. All ordinances and agreements and
parts of ordinances and agreements in conflict herewith are hereby
repealed.
SECTION 13. FUTURE CONTINGENCIES
Notwithstanding anything contained in this Ordinance to the
contrary, in the event that (1) this Ordinance or any part hereof,
(2) any tariff provision by which the Telephone Company seeks to
COPPELL2 - Page 14 -
collect the charge imposed by this Ordinance, or (3) any procedure
provided in this Ordinance, or (4) any compensation due the City
under this Ordinance, becomes, or is declared or determined by
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 the 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 so long as 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 14. GOVERNING LAW
(a) This Ordinance shall be construed in accordance with the City
Charter and City Codes in effect on the date of passage of this
Ordinance to the extent that such Charter and Codes 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 have been
negotiated at arms length and drafted by the combined efforts of
the City and the Telephone Company.
COPPELL2 - Page 15 -
SECTION 15. LIMITATIONS PERIOD
The City and the Telephone Company mutually agree that any dispute,
claim or cause of action one party may have against the other party
arising from or in any way related to this Agreement must be
brought to the attention of the other party, by written notice
received no later than four (4) years from the date of the act or
omission giving rise to the dispute, claim or cause of action;
otherwise, such dispute, claim or cause of action shall be waived
and the party asserting such dispute, claim or cause of action
shall be barred from pursuing the same.
SECTION 16. MOST FAVORED CITY PROVISION
This Ordinance governing street use may be amended at any time by
the mutual written agreement of the City and the Telephone Company.
It is understood that the Telephone Company is currently in the
process of negotiating similar ordinances and agreements with other
cities throughout the state. It is understood and agreed if an
ordinance or agreement 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 here of, the City may require
that portion of this Ordinance be reopened for negotiation and the
Telephone Company agrees to amend this Ordinance so as to provide
similar provisions for the City. The intent of the parties is that
the City will be entitled to treatment comparable to that which was
afforded under the ordinance or agreement with the other city
giving due consideration to the contextual meaning of the provision
COPPELL2 - Page 16 -
on which renegotiation is sought and the effect of the proposed
amendment on the meaning of this Ordinance as a whole. Under no
circumstances may an amendment result in a higher level of
compensation than that level produced by the methodologies utilized
by the Telephone Company to calculate compensation to other cities
in Texas nor may an amendment be applied retroactively. For the
purposes of this Section, the Telephone Company shall, on request
of the City, provide the City a copy of any street use ordinance,
franchise, or similar agreement it enters into with any Texas city
during the term of this Ordinance.
SECTION 17. ALTERNATE DISPUTE RESOLUTION.
(a) Notwithstanding any other provision of this Ordinance, the
parties agree that any claim, cause or action or other dispute
based upon or arising out of this Ordinance (a "dispute") shall be
conducted, decided, determined, and/or resolved pursuant to and in
accordance with the provisions of this Section. The parties desire
to resolve disputes arising out of this Ordinance without
litigation. Accordingly, in the event of any dispute hereunder,
the parties agree to attempt in good faith to resolve their
disputes between themselves. At the written request of a party,
each party will appoint a knowledgeable, responsible representative
to meet and negotiate in good faith to resolve any dispute arising
under this Ordinance. The parties intend that these negotiations
be conducted by non-lawyer, business representatives. The
location, format, frequency, duration and conclusion of these
COPPELL2 - Page 17 -
discussions shall be left to the discretion of the representatives.
(b) Except for action seeking a temporary restraining order or
injunction related to the purposes of this Ordinance, or suit to
compel compliance with this dispute resolution process, the parties
agree to use the following alternative dispute resolution
procedure, and also agree not to sue any party to this Ordinance
with respect to any controversy or claim arising out of or relating
to this Ordinance or its breach prior to exhausting the procedures
set out in this section.
(c) If the parties are unable to settle their dispute within sixty
(60) days of the initial request, either party may, on written
notice to the other party, initiate non-binding mediation of the
dispute before a single mediator affiliated with Judicial
Arbitration and Mediation Services, Inc. ("JAMS") in Dallas County,
Texas or another mediation service mutually agreeable to the
parties. Mediation is a forum in which an impartial person, the
mediator, facilitates communication between the parties to promote
reconciliation, settlement, or understanding among them. A
mediator may not disclose to either party information given in
confidence by the other and shall at all times maintain
confidentiality with respect to communications relating to the
subject matter of the dispute. Unless the parties agree otherwise,
all matters, including the conduct and demeanor of the parties and
their counsel during mediation, are confidential and shall be
inadmissable as settlement discussions pursuant to Rule 408 of the
Federal Rules of Evidence or the applicable state rules. The
COPPELL2 - Page 18 -
mediator shall be selected by agreement of the parties within
thirty (30) days after either party first requests mediation of the
other. If a single mediator cannot be agreed upon, then each party
shall select its own mediator from those on the JAMS approved list;
those two mediators will then select a third independent mediator
who will conduct the mediation session(s).
(d) Each party shall bear its own costs of these procedures
provided, however, the mediator's fees will be borne equally by
both parties.
(e) In the event mediation is requested, the applicable statutes
of limitations shall be automatically tolled until mediation fails.
In the event mediation fails, the Parties may then resort to means
outside the scope of this section.
SECTION 18. GOVERNING LAW AND VENUE.
This Ordinance shall be construed in accordance with any applicable
laws and court decisions of the State of Texas. All obligations of
the parties under this Ordinance are performable in Dallas County,
Texas, and venue for any legal action arising hereunder shall lie
exclusively in Dallas County, Texas.
SECTION 19. EXCLUSION OF VIDEO SERVICES
This Ordinance does not authorize the Telephone Company to provide
cable television or other video programming services as a cable
operator in the Ci%y.
COPPELL2 - Page 19 -
SECTION 20. ACCEPT~CE OF AGREEMNT
The Telephone Company shall have sixty (60) days from and after the
passage and approval of this Ordinance to file its written
acceptance thereof with the City Secretary. Upon such written
acceptance by the Telephone Company being filed with the City, this
Ordinance shall take effect and be in force from and after the date
of its acceptance, and shall effectuate and make binding the
agreement provided by the terms hereof.
~PRO~Dthis /t~dayof ~,~,';~iS. ,A.D. 19~'n'
~ ~q-~[. CITY SECRETLY
~PRO~D AS TO FO~:
, TY AT~OR~
- Page 20 -
STATE OF TEXAS~
COUNTY OF DALLAS~
I, ( .~/~ . ~%~ , City Secretary of the City
of Coppell, Texas, do hereby certify that the above and foregoing
is a true and correct copy of the right-of-way rental agreement
between the City of Coppell, Texas, and GTE Southwest Incorporated
as indic ted herein. The same is now recorded in Volume ~,
Page X, of the Ordinance Records of the City of Coppell, Texas.
WITNESS MY HAND this the ~,~'-- day of .<~-~_ ,
A.D.
City Secretary.
(Seal)
COPPELL2 - Page 21 -
CITY. OF COPPFI TEXAS A.".n.'ACH.M. ENT A
CUSTOMER FEE
iTYPE ISERV1CE BILLING ~CUST. OMER~ OFFICE
',SERVICE ~iDESCRIPTION CODE FEE CODE
~RES DENCEIRES 1 PARTY-FLAT IR1 $0,29 5613
~BUSINESS ~BUS I PTRY-FLAT iBi $0.70 5617
~BUSINESS iBUS 1 PRTY-FLAT IBICPI $0.70 5617
~BUSINESS KE'~' CO LINES-FLAT BKL $0.84 5617
~BUSINESS PBX TRUNKS-FLAT iTRK $1.13 5617
rBUSINESS PBX TRUNKS-FL.AT TRK EMS $5.31 5617
~BUSINESS PBX-DID ,DID TRY, $1.13 5617
{BUSINESS CO BASED LINES-FLAT ~,TS AIT A9 $0.40 5617
CO BASED LINES-FLAT ~ATS OTR ACC $0.21 5617
CO BASED LINES-FLAT ~ATS !0 $!.79 56~7
iBUSINESS CO BASED LINES-FLAT ATS 90 KSL ACC $0.79 5617
JBUSINESS CO BASED LINES-FLAT IATS 10 KSL $1,82 5817
!BUSINESS ~CO BASED LINES-FLAT !ATS 90 $0.89 5617
~BUSINESS rCO BASED LINES-FLAT iATS 90 ACC $0.79 5617
BUSINESS ~CO BASED LINES-FLAT !ATS 10 ACC $i.6G 5617
RESIDENCEIRES 1 PARTY-FLAT iR1CPI $0.29 5647
RESIDENCE~RES 1 PARTY-FLAT hND LNE R $0.06 5647
RESIDENCE~RES 1 PARTY-FLAT IR1 EMS $1.11 5~,~1-7
RESIDENCE~RES 1 PARTY-FLAT ~RICPI EMS $1.11 5647
RESIDENCE~RES I PARTY FLAT ~R!CPI $0.14 5647
RESIDENCE!RES I PARTY-FLAT ~R! $o.29
RESIDENCE~RES 1 PARTY-USS ~R! LMSCPI $0.~3 5647
RESIDENCEIRES 1 PARTY-USS !R~ OMS ~cl :~:~ K6,~-7
RESIDENCEiRES 1 PARTY-USS '!Ri LMS $0,33 56,~7
RES DENCE iRES 2 PARTY-FLAT IR2 ,~0.2~
',RESIDENCE',RESIDENCE LIFELINE ',TAR1 $0.10 5647
~BUSINESS IBUS I PARTY-FLAT IBCOL $0.75 5647
iBUSINESS BUS 1 PARTY-FLAT ~BICPI EMS $3.04 5547
IBUSINESS BUS 1 PARTY-FLAT ~B1CPI $0.75 5647
!BUSINESS BUS I PARTY-FLAT !B1 $0.75 5647
!BUSINESS BUS 1 PARTY-FLAT ~B1 EMS $3.04 5647
BUSINESS BUS 1 PARTY-FLAT 'JND LNE B $0.13 5647
BUSINESS BUS 1 PARTY-USS IB1 LMSCPI $1.02 5647
BUSINESS BUS 1 PARTY-USS ~B1 LMS $1.02 5647
COIN SEMI PUB S/L-FLAT ~SPWO $0.94 5647
COIN COCOTS-USS iPCOALCOCT $0.85 5647
BUSINESS KEY CO LINES-FLAT IiBKL $0.90 5647
BUSINESS KEY CO LINES-FLAT I BKL EMS $3.67 5647
BUSINESS LINES-USS IBKL OMS $1.02 5647
~BUSINESS {PBX TRUNKS-FLAT {TRK EMS $5.31 5647
!BUSINESS ~PBX TRUNKS-FLAT ~5911STA $1.40 5647
~BUSINESS iPBX TRUNKS-FLAT !TBK $1.19 5647
CITY OF COPPELL, TEXAS ATTACHMENT A
CUSTOMER FEE
JTYPE SERVICE ~BILLING CUSTOMERi OFFICE
ISERVICE ~DESCRIPTION ~ CODE FEE CODE
BUSINESS iPBX-DID ~DiD TRK EMS $5.3t 5647
BUSINESS PBX-DID J DID TRK $1.19 5647
BUSINESS '
iPBX-DOD IDOD TRK $1.19 5647
~ ~(::;0
JBUSINESS BASED LINES-FLAT CENML101M $0.55 5647
~BUSINESS !CO BASED LINES-FLAT CEN ML26M $0.65 5647
~BUSINESS ICO BASED LINES-FLAT CEN ML2M $0.67 5647
i BUSINESS IWATS INTRASTATE 9L9 ~q'AA $1.56 5,,~1-7
E, Es,DENCEiF Es PAF T'r-F,AT m
!RESIDENCE~RES 1 PARTY-FLAT ~R1 EMS $0.28 5647
jRESiDENCE!RES 1 PAR~,"-FLAT ~RI EMS $0.56 5,647
~RESIDENCE~RES 1 PARTY-FLAT ~R!CPI $0.17 5647
!RESIDENCE~RES ! PARTY-USS ~RI LMS $0,!6 56~7
~RES DENCE RES 1 PARTY-USS ~R1 LMSCPI $0.16 5647
]RESIDENCE !RES 1 PART'{ FLAT !R1 EMS $1,11 5647
ACCEPTANCE
WHEREAS, the City Council of the City of Coppell,
Texas, did on the ~ ~I/~ ~
" day of ~'~- , 19~'-~, enact an
Ordinance entitled:
AN ORDINANCE WHEREBY THE CITY OF COPPELL, TEXAS,
AND GTE SOUT~FWEST INCORPORATED AGREE THAT, FOR THE
PURPOSE OF OPERATING ITS TELECOMMUNICATIONS
BUSINESS, THE TELEPHONE COMPANY SH3~LL CONSTRUCT,
ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN,
ALONG, UNDER, OVER AND ACROSS THE STREETS, AVENUES,
ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF THE
CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS
AND OTHER APPLIANCES, STRUCTURES AND FIXTURES
NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE
AND OTHER COMMUNICATION SERVICE AND FOR CONDUCTING
A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE
BUSINESS; PRESCRIBING THE CONDITIONS GOVERNING THE
USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE
COMPANY'S TELECOMMUNICATIONS BUSINESS; PRESCRIBING
THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS
ORDINANCE; PROVIDING AN INDEMNITY CLAUSE;
SPECIFYING GOVERNING LAWS; PROVIDING FOR
ASSIGNMENT; FOR A TERM; FOR FUTURE CONTINGENCIES;
FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL
INVALIDITY; FOR RELEASE OF ALL CLAIMS UNDER PRIOR
ORDINANCES AND FOR METHOD OF ACCEPTANCE;
andl E said Ordinance was on the / ~ '~da of
.~--~-~ duly approved by the Mayor of said Ci~ and
the seal of said Ci~ was thereto affixed and attested by the City
Secretary;
NOW THEREFORE, in compliance with the terms of said
Ordinance as enacted, approved and attested, GTE Southwest
Incorporated hereby accepts said Ordinance and files this its
written acceptance with the City Secretary of the City of Coppell,
Texas, in his office.
Dated this , A.D.
GTE SOUTHWEST INCORPORATED
COPPELL2 - Page 22 -
By: ~~
AssiStant Secretary
Acceptance filed in the ~.fice of the City Secretary of Coppell,
Texas, this .'~l~day of~ '~I~.~j , A.D. 19 'i'~-
COPPELL2 - Page 23 -