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GTE-CN 930706MEMORANDUM 8 To: Alan Johnson, Acting Finance Director From: Kenneth M. Griffin, P.E., City Engineer RE: GTE Franchise Agreement Date: July 6, 1993 I have briefly reviewed the franchise agreement and have the following comments to offer: 1. In Section 5 entitled "Streets to be restored to good condition ", I do not see any mention of a permit being required by the telephone company prior to working within the right -of -ways within the City of Coppell. A permit is useful in the fact that it notifies us when the franchise utility companies are going to be performing work in the city limits. 2. I failed to see any mention in the franchise agreement where the telephone company would relocate their lines upon request by the City if they were located within our right -of -way. This is typically necessitated by capital improvement projects. 3. On page 20, where they provide a place for the Mayor and City Council signatures, they have only provided for five council members. Should not all seven council members be listed? Again, I briefly reviewed this agreement and these are the comments I have to offer. file/kgriffin/gte.agr June 29, 1993 TO: Steve Goram, Director of Public Works -71 r4. Ken Griffin, City Engineer ✓ FROM: Alan Johnson, Acting Finance Director SUBJECT: GTE Franchise Agreement I would appreciate your review and comments of the attached agreement, particularly with respect to Sections 3, 4, 5, 6 and 7. Our Franchise Agreement has expired. We were waiting for GTE to bring forward their new concept in calculating fees. Now that we have it, we need to reach a new agreement as quickly as prudently feasible. Thanks in advance for your help. I would like to have your comments by Wednesday, July 7. EAJ /lr attachment GTEFRNCS.001 fit \I AGREEMENT BETWEEN THE CITY OF COPPELL, TEXAS GTE SOUTHWEST INCORPORATED ORDINANCE NO. 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. (COPPED -NEM - Page 1 - 03/22/93 WHEREAS, 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 Uniform System 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 POPPEILNEM - Page 2 - 03/23/93 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: POPPELLNEM - Page 3 - M/22 /W (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 POPPELLNEM - Page 4 - 03/22/93 the provision of telecommunications service and to the maintenance 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 All poles to be placed shall be of sound material and reasonably straight, and shall be so set 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 (COPPED -NEM - Page 5 - 03/22/93 or of any City official to whom such duties have been or may be delegated. 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. 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. (coPPEu.NEM - Page 6 - W/22/93 w n� r SECTION 5: STREETS TO BE RESTORED TO GOOD CONDITION r 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 a reasonable time after completion of the work to as good a condition as before the commencement of the work and maintained to the satisfaction of the City Council, or of any City official to whom such duties have been or may be delegated, for one year 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. 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. SECTION 6. TEMPORARY REMOVAL OF AERIAL WIRES The Telephone Company on the request of any person shall remove or 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 (COPPELLNENI) - Page 7 - 03/22/93 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 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, POPPELLNE" - Page 8 - 03/22/93 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, 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 the first effective year of this Ordinance shall be $ In no event shall the "Annual Fee" be less than the above amount for each 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 the "Annual Fee" pro rata, to its customers residing within the corporate limits of the City. The pro rata charge to each customer shall be calculated as follows: Not later than the date the Telephone Company accepts this Ordinance, and three months prior to each subsequent anniversary date of this Ordinance, the Telephone Company shall determine the "Customer Fee." To determine the "Customer Fee ", the "Annual Fee" shall be divided by twelve (12); the result shall then be divided by the sum of the weighted local exchange access lines as determined by applying appropriate allocation factors to the number of access lines in each class of service. The resultant will be the "Customer Fee." For purposes of this calculation, "local exchange access lines" shall be defined as residence, single line POPPELLNEM - Page 9 - 03/22/93 business, Centrex, Centranet, key lines and PABX trunks. The number of such access lines shall be determined for the end of the month prior to the month in which this agreement is finally passed by the City. Each residential customer shall pay for each residential local exchange access line, a monthly amount equal to the "Customer Fee." Each business customer shall pay for each business local exchange access line a monthly amount weighted and calculated according to the business customer's class of service. The Telephone Company shall periodically monitor the collections and, in order to reduce the possibility of overcollection, shall cease collection of pro rata charges from its customers for the remainder of the calendar year once it has collected an amount equal to the "Annual Fee ". The Telephone Company shall annually adjust its billings to customers to account for any undercollection or overcollection of the "Annual Fee" due the City. For the second and subsequent years while this Ordinance remains in effect, the "Annual Fee" is subject to adjustment by application of the Growth Factor set out in paragraph 8(c). This adjustment for the Growth Factor will be made effective as of each anniversary date of this Ordinance. POPPELLNE" - Page 10 - 03/22/93 (b) The "Annual Fee" for each year shall be paid in four equal payments. The due dates shall be February 28, May 31, August 31 and November 30, with the first payment under this Ordinance due on In the event of any over or undercollection from customers, then the Telephone Company may make a pro rata credit or charge to the customer billing for affected customers at the end of each calendar year. No such adjustment may be made more than 150 days following the date of expiration of this Ordinance. If, however, it is impractical to credit any overcollection to customers, then such overcollection shall be paid to the City and credited to the next year's "Annual Fee ", and the Customer Fee appropriately adjusted to reflect such credit. (c) The Growth Factor shall correspond to the Texas Industrial Production Index (TIPI) as determined for the preceding calendar year. For each succeeding year during the duration of the Agreement, the previous year's "Annual Fee" shall be allowed to grow at the same rate as the TIPI. The Telephone Company will adjust its customer billing annually to account for the Growth Factor as described above. Once the Growth Factor is determined, the Telephone Company will provide the City with the TIPI upon which the Growth Factor was based. POPMU-NEM - Page 11 - 03/22/03 The City agrees to rely upon the growth process described above as a self- auditing process and accepts the TIPI as the valid growth factor in lieu of any other form of audit. In the event the TIPI is determined to be in error by the originators of the TIPI, the Growth Factor shall be recomputed to reflect any corrections so identified. The "Annual Fee" shall be recalculated using the Growth Factor recomputed as specified in the preceding sentence, and the recalculated charge shall be used for all future calculations required by this Ordinance. Any overpayment or underpayment resulting from such recalculation shall be subtracted from or added to the first installment due the following year. If any overpayment or underpayment shall be due during the final year of this Ordinance, then payment shall be made as follows. In the case of overpayment by the Telephone Company, the City shall pay such overpayment to the Telephone Company within 150 days following the expiration of this Ordinance and, in the case of underpayment by the Telephone Company, the Telephone Company shall pay such underpayment to the City within 150 days following the expiration 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, (COWEU..NEW) - Page 12 - 03/22/93 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 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 dis annexation/ 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 charge for the City will be adjusted to include the amount of the payment by the Telephone Company to the existing incorporated municipality being annexed. In the event that the annexed municipality had no ordinance imposing a charge or in the event of a disannexation, then the adjustment to the charge will be calculated using the effective date of the imposition of local sales taxes as determined POPMLLNEM - Page 13 - 03/22/93 by the Texas Comptroller of Public Accounts. The adjustment shall be the percent increase /decrease in the Telephone Company's customer base in the City for the first calendar month following the local sales tax effective date compared to the last month prior to such effective date. This adjustment to the charge will be made on the first day of the second month following the local sales tax effective date and the adjusted charge shall be prorated from that date through the remainder of the payment year. The charge as adjusted shall be used for all future calculations required by this Ordinance. SECTION 9. SUCCESSORS AND ASSIGNS The rights, powers, limitations, duties and restrictions herein 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 ( ) 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 (COPPEu.NE - Page 14 - 03/22/93 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 -5711). 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 Telephone 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 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 POPPEIL.NE" - Page 15 - 03/22/W 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 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 (COPPELLNEW) - Page 16 - 03/22/93 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. 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 POPPELI_NE" - Page 17 - 03/22/93 and the party asserting such dispute, claim or cause of action shall be barred from pursuing the same. SECTION 16. ACCEPTANCE OF AGREEMENT 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. APPROVED this day of MAYOR ATTEST: City Secretary , A. D. 19 POPP&LNEM - Page 18 - 03/22/90 The City, acting herein by its duly constituted authorities, hereby waives the three separate meetings and hereby declares the foregoing Ordinance passed and finally effective as of this day of , 19 MAYOR Council Member Council Member Council Member Council Member Council Member POPPEU-NE" - Page 19 - 0+/21/93 The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of 19 , at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting The above and foregoing ordinance read, adopted on the second reading and passed to the third reading by the following votes, this the day of 19 at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting The above and foregoing ordinance read, adopted on the third reading by the following votes, this the day of 19 , at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting POPPEULNEM - Page 20 - 03/22/93 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 indicated herein. The same is now recorded in Volume , Page , of the Ordinance Records of the City of Coppell, Texas. WITNESS MY HAND this the day of A.D. 19 City Secretary (Seal) POPPEU-NEM - Page 21 - a*/22/93 ACCEPTANCE WHEREAS, the City Council of the City of Coppell, Texas, did on the day of 19 , enact an Ordinance entitled: 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 POTS, 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; and WHEREAS, said Ordinance was on the day of , 19 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, 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. ATTEST: Dated this day of , A.D. 19 GTE SOUTHWEST INCORPORATED By. Region Vice President and General Manager (COPPEILNEW) - Page 22 - 03/22/93 Assistant Secretary Acceptance filed in the office of the City Secretary of Coppell, Texas, this day of , A.D. 19 City Secretary POMEU- "EM - Page 23 -