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HomeMy WebLinkAbout01-25-71 TC MinMINUTES OF A SPECIAL MEETING OF THE BOARD OF ALDERMEN January 25, 1971 A Special Meeting of the Board of Aldermen of the Town of Westlake, Texas was held at the Guest House, Circle "T" Ranch, on January 25, 1971, at 7:30 p. m., pursuant to a written Waiver of Notice signed by the Mayor and each and everyone of the Aldermen. Present were George H. Harmon, Jr., Messrs. Dewey G. Burger, B. H. Campbell, S. B. Cathey, A. L. Odom and Monroe Weaver, Aldermen. The Mayor called the meeting to order and announced that a quorum existed for the transaction of business. The Mayor then stated that the first order of business would be to consider the adoption of an Ordinance submitted by General Telephone Company of the Southwest which would provide for a fran- chise to be granted to said company for a twenty-year period and in return an annual payment by said company of two per cent (2%) of its gross receipts from business conducted within the Town. Follow- ing the discussion, Mr. Campbell moved that the ordinance be adopted, Mr. Burger, seconded, and the following Ordinance No. 45 was adopted: -06- ORDINANCE NO. 45 AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, GRANTEE, AND ITS SUCCESSORS AND ASSIGNS, TO 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 TOWN OF WESTLAKE, TEXAS, ANY AND ALL SUCH 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; PROVIDING FOR THE FIXING OF RATES, FOR THE ASSIGNMENT OF FRANCHISE, FOR CONSIDERATION, FOR REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. WHEREAS, the General Telephone Company of the Southwest, hereinafter referred to as the "Telephone Company" is now and has been engaged in the telephone and communications business in the State of Texas, and in furtherance thereof, has erected and maintained certain items of its plant construction in the Town of Westlake, 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 exercise of such reasonable rights of regulation under the police power as have been also lawfully granted by and under said laws to said Town; 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 operate•_in the City; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE That the right, privilege and franchise be, and the same is hereby, granted to General Telephone Company of the Southwest, herein- after referred to as the "Telephone Company", and its successors or assigns, subject to the terms and conditions hereinafter set forth, to construct, erect, build, equip, own, maintain and operate in, along, under, over and across the streets, alleys, avenues, bridges, viaducts and public grounds of the City, any and all such appliances, struc- tures and fixtures necessary or convenient for rendering telephone and other communication service and for conducting a communications business, including the rendition of local and long-distance telephone service. The appliances, structures and fixtures of the Telephone Company in said City shall remain as now constructed, subject to such changes as, under the limitations and condtions herein prescribed, may be considered necessary by the City in the exercise of its lawful powers and by the Telephone Company in the conduct of its business. SECTION 2. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT 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 in 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 communications 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 Board of Aldermen or of any City official to whom such duties have been or may be delegated. SECTION 3. STREETS TO BE RESTORED TO GOOD CONDITION The surface of any street, alley, highway, or public place disturbed by the Telephone Company in building, constructing, renewing or maintaining its plant and system shall be restored within a reason- able time after the completion of the work to as good a condition as before the commencement of the work and maintained to the satisfaction of the Board of Aldermen, 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, alley, highway or public place is broken for such con- struction or maintenance work, after which time responsibility for the maintenance shall become the duty of the City. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. SECTION 4. OPERATION AND MAINTENANCE OF TELEPHONE PLANT The Telephone Company shall maintain its system in reason- able operating condition at all normal times during the continuance of this agreement. An exception to this condition is automatically in effect when service furnished by the Telephone Company is inter- rupted, impaired, or prevented by fires, strikes, riots, or other occurrences beyond the control of the Telephone Company, or by storms, floods or other casualties, in any of which events the Telephone Company shall do all things, reasonably within its power to do, to restore normal service. SECTION 5. TEMPORARY REMOVAL OF WIRES The Telephone Company on the request of any person shall remove or raise or lower its wires 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 benefited 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. SECTION 6. TREE TRIMMING The right, license, privilege and permission is hereby granted to the Telephone Company, its successors and assigns, to trim trees upon and overhanging the streets, alleys, sidewalks and public i places of the City, so as to prevent the branches of such trees from coming in contact with the wires or cables of the Telephone Company, and when so ordered by the City, said trimming shall be done under the supervision and direction of the Board of Aldermen or of any City official to whom said duties have been or may be delegated. SECTION 7. ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY To indemnify the City for any and all possible damages to its streets, alleys, and public grounds which may result from the placing and maintenance therein or thereon of the Telephone Company's poles, conduits, or other equipment or apparatus, and to compensate the City for its superintendence of this agreement, and.�as the cash V'Ve. consideration for the same, the Telephone Company agrees to pay to the City annually during the continuance of this agreement a sum of money equal to two per cent (2%) of the annual gross receipts for the preceding year received by the Telephone Company from the rendition of local exchange telephone transmission service within the corporate limits of the City. The first payment hereunder shall be made March 31, 1972, and shall equal in amount to two per cent (2%) of the gross receipts received from the date of passage of this Ordinance to December 31, 1971; and thereafter payment shall be made annually on March 31st, as herein provided. SECTION 8. PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GEBEtiAL UH SYEUiAL ARyALOREM TAAL6 The City agrees that the consideration set forth in the preceding section hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or any other character of charge for use and occupancy of the streets, alleys, and public places of the City; in lieu of any pole tax or inspection fee tax; in lieu of any easement or franchise tax, whether levied as an ad valorem, special or other character of tax; and in lieu of any imposition other than the usual general or special ad valorem taxes now or hereafter levied. Should the City not have the legal power to agree that the payment of the foregoing cash consideration shall be in lieu of the taxes, licenses, charges, fees, rentals, and easement or franchise taxes aforesaid, then the City agrees that it will apply so much of said payment as may be necessary to the satisfaction of the Telephone Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. SECTION 9. RATE REGULATION That it is mutually understood and agreed that the rates to be charged to inhabitants of the Town of Westlake for local exchange telephone service shall be fixed and regulated by the governing body of said Town of Westlake (provided such City, at such time, retains statutory rate -making authority) in accordance with the statues and laws of the State of Texas; provided, however, that such rates and charges shall be sufficient to provide the Telephone Company with a fair return upon the fair value of all of its property used and useful in the rendition of local exchange telephone service in the Westlake, Texas exchange. SECTION 10. PERIOD OF TIME OF THIS ORDINANCE - TERMINATION This agreement shall be in force and effect for a full term and period •--of twenty (20)years from and after its effective date here= inafter provided. SECTION 11. NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privilege. SECTION 12. SUCCESSORS AND ASSIGNS The rights, powers, limitations,cduties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. —t,Q Z„— SECTION 13. 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 ordi- nances and agreements in conflict herewith are hereby repealed. SECTION 14. LIABILITY OF CITY During the period this ordinance is in existence and enjoyed by the Telephone Company, the Telephone Company shall indemnify and hold harmless the City from any and all claims for losses, damages and injuries occasioned to or sustained by any persons, firms or corpora- tions, or their property by reason of the existence, maintenance, operation or continuance of this ordinance and the exercise of all i rights herein contracted for, except as herein otherwise provided. SECTION 15. 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 therhof with the City Secretary, and upon such acceptance being filed, this ordinance shall take effect and be in force from and after the date of its passage and approval by the Mayor, and shall effectuate and make binding the agreement provided by the terms hereof. APPROVED this 25th day of January, A. D. 1971. MAYOR ATTEST: CITY SECRETARY �Q— 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 the 25th day of January, 1971. Mayor Commissioner -.Alderman Commissioner -Alderman Commissioner -.Alderman Commissioner -Alderman . t+RV. The Mayor then stated that the second order of business would be to consider the adoption of the Ordinance submitted by the Tri - County Electric Cooperative, Inc. which would provide a franchise for said company for a twenty-year period and in return an annual payment by said company of two per cent (2%) of its gross receipts from bus- iness conducted within Westlake. Following the discussion, Mr. Burger's motion that the Ordinance be adopted was seconded by Mr. Monroe Weaver and the following Ordinance No. 46 was adopted. _W,_ ORDINANCE NO. ISG AN ORDINANCE V.HEREBY THE CITY OF uESTLAKE, TEXAS, AND THE TRI -COUNTY ELECTRIC COOPERATIVE, INC. AGREE THAT THE TRI - COUNTY ELECTRIC COOPERATIVE: SHALL CONTINUE TO ERECT AND MAIN - THIN ITS ELECTRIC LIGHT AND POWER LINES- WITH ALL NECESSARY OR DESIRABLE APPURTENANCES (INCLUDING UNDERGROUND CONDUITS. POLES, TO'%%ERS, 1k'IRES, AND TRANSMISSION LINES) AND THE CITY GRANTS ITS CONSENT FOR THE USE OF ITS PRESENT AND FUTURE STREETS, ALLEYS. HIGHNAYS, AND PUBLIC GROUNDS IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AS STATED THEREIN AND THAT THE CITY OF N, ESTLAKE SHALL RECEIVE AN ANNUAL PAYMENT FOR SAME, ALL AS THEREIN PRO- VIDED. BE IT ORDAINED.BY THE BOARD OF ALDERMEN OF THE CITY OF WES TLAKE, TEXAS Section 1. That the City of Westlake, Texas, herein called "City" grants its consent to the use of its present and future streets, alleys, highways and - public grounds by the Tri -County Electric Cooperative, its successors and assigns, herein called "Cooperative, " for the purpose of constructing, main- taining, and operating in the present and future streets, alleys, and public placer of the City of Westlake, Texas, and its successors, electric light and power lines, with all necessary or desirable appurtenances (including underground conduits. poles, towers, wires, and transmission lines, and telephone and telegraph lines for its own usel for the rurrtn■w of uu"rhino -.;a t-4& , �Lc inhabitants thereof and persons and corporations beyond the limits thereof. for light. heat. power, and other purposes; said consent being granted for a term of twenty (20) years from the date this Ordinance is adopted and approved. Section 2. Poles and towers shall be so erected as not to unreasonably interfere with traffic over streets and alleys. Section 3. Cooperative's property and operations in the City shall be subject to such regulations by the* City as may be reasonably necessary for the pro- tection of the general public. Section 4. Cooperative shall hold the City harmless from all expense or liability for any act or neglect of the Cooperative hereunder. Section 5. In consideration of the grant of said privilege and franchise by the City and as full payment for the privilege of using and occupying the streets, alleys, highways, easements, parks and other public places within the City, and in lieu of any and all occupation taxes, easements, and franchise taxes (whether levied as an ad valorem, special or other character of tax), and in lieu of license or inspection fees or charges, street taxes, street or alley rentals and of all other taxes, charges, levies, fees, and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered by law to levy or collect, excepting only the uFual general or special ad valorem taxes which the City is authorized to levy or impose upon real and personal property, the Cooperative (Tri -County Electric Cooperative. Inc. and its assigns) shall pay to the City of Westlake, Texas, annually and on or before ,March 31st of each year during the term hereof, beginning March 31, 1-971 , an amount equivalent to two per cent (2%) of the gross revenue received by the Cooperative, its successors and assigns during the preceding year from sales of electricity within the corporate limits of said City, exclusive of sales to federal, state and municipal customers and exclusive o4 sales to industrial and other customers excluded from taxation under the provisions of the regulations of the Treasury Department of the United States, Article 40, Regulation 42 as amended by TD 4393, September 20, 1933, TD 4570, July 24, 1935, and TD 4751, July 21, 1937, irrespective of whether or not said regulations and decisions have been or shall be repealed, amended, or changed. On or before the Mar�-b of each year a report shall be filed with the City by the Cooperative showing its gross revenues as aforesaid for the preceding year, and the payment made hereunder be based upon said report. Section 6. Nothing herein contained shall ever be held or construed to confer uponeth Cooperative exclusive rights or privileges of any nature what- soever. This framehiRo is ovant-4 by the C'1ty ^4' ur•�♦l�Ls Tom...... «- 10 Electric Cooperative, Inc. for the purpose of allowing Tri -County Electric Cooperative, Inc. to continue providing electric service to its members in the areas annexed or to be annexed by the City of Westlake. To in which the Cooperative was serving prior to such annexation; and to provide electric ser- vice to any new member desiring electric service in such areas. Section 7. This Ordinance shall be cumulative and in addition to the other permits end and granted and ordinances owned, held or claimed by the Cooperative provided, however, that all ordinances or parts of ordinances that conflict herewith are hereby repealed. Section 8. This ordinance shall become effective as of this date. - 2 - q-?7- ADOPTED AND APPK1:%VT. D this the 25th day uA January A. D. , 19M 71. Mayor of the City of Y, estlake, Texas City Secretary THE STATE OF TEXAS I I COUNTY OF DENTON i 11 A. L. ODOM Secretary of the City of Westlake, Texas hereby certify that the foregoing is a true and correct copy ex Vrainance tVo. 46 , wnercoy the t41ty o2 1h ectiaxe, '1 eXas, ano the -1.r:- County Electric Cooperative, Inc. agree that the Tri -County Electric Cooper- at1ve, Inc. shall continue to erect and maintain its electric light and power lines with all necessary or desirable appurtenances (including underground conduits, poles, towers, %A4res and transmission lines) and the City grants its consent for the use of its present and future: streets, alleys, highways, and public grounds in said City, under regulations and restrictions as stated therein and that the City of Westlake, Texas, shall receive payment for sarne, all as therein provided. WITNESS MY HAND AND SEAL, this the--' 25th day of January A. D. , 19M 71 Secretary of the City of NN estlake, Texas deal) - 3 - The last order of business was the communication received from Honorable Crawford C. Martin, Attorney General of the State of Texas, relating to a lawsuit against certain cast iron pipe manufacturers. After discussion, it was determined that we would withdraw the authority of the Attorney General to represent the Town of Westlake in such a suit in view of the fact no iron pipe had been purchase by the Town of Westlake. Therefore, Resolution No. 29 was, upon motion made by Mr. Burger and seconded by Mr. Odom, unanimously adopted. —U9 b -- RESOLUTION 29 WHEREAS, on January 12, 1971, Crawford C. Martin, Attorney General of the State of Texas, requested of the Town of Westlake, the right to represent the Town in a lawsuit against certain cast iron pipe manufacturers, and WHEREAS, the Town of Westlake has not purchased any iron pipe or fittings since January 1, 1945, and does not desire the Attorney General to represent the Town of Westlake in such a lawsuit. THEREFORE, BE IT RESOLVED BY.THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: `+ That, the Town of Westlake does hereby withdraw itself from the representation by the Attorney General of the State of Texas in any manner relating to the lawsuit filed against certain cast iron pipe manufacturers. That a copy of this Resolution be furnished to Crawford C. Martin in accordance with the letter of January 12, 1971. ADOPTED this 25th day of January, 1971. APPROVED: George H. Harmon, Jr., Mayor ATTEST: A. L. Odom, Town Secretary The Mayor then announced that he would entertain a motion for the adjournment of the meeting. Whereupon the motion was duly made and seconded and the meeting was adjourned. APPROVED: t eorg . Harmon, J r. Mayor If 'In - A. L. Odom, Secretary -q-17. - TOWN OF WESTLAKE. TEXAS WAIVER OF NOTICE OF A SPECIAL MEETING OF THE BOARD OF ALDERMEN We, the undersigned, being the Mayor and all of the Aldermen of the Town of Westlake, Texas, do hereby severally waive notice of the time, place and purpose of a special meeting of the Board of Aldermen and do hereby call said meeting and consent to the holding thereof at the Circle "T" Ranch Guest House in Denton County on the 15th day of February, 1971, at 7:30 o'clock, P. M. and we hereby severally consent to the transaction of any and all business that may come before said meeting. V" ,George Harmon, Jr., ayor ALDERMEN: Dewey G. Burger /� yv (:;� B. H. Campbell _j e 242Z2� S. B. Cathey A. L. Odom Mon or e Weaver ft .t-TI- TOWN OF WESTLAKE, TEXAS WAIVER OF NOTICE OF A SPECIAL MEETING OF THE BOARD OF ALDERMEN We, the undersigned, being the Mayor and all of the Aldermen of the Town of Westlake, Texas, do hereby severally waive notice of the time, place and purpose of a special meeting of the Board of Aldermen and do hereby call said meeting and consent to the holding thereof at the Circle "T" Ranch Guest House in Denton County on the 12th day of April, 1971, at 7:30 o'clock, P. M., and we hereby severally consent to the transaction of any and all business that may come before said meeting. A'Heorgearmon, Jr.e�zMayor ALDERMEN: - L A:2� Dewey G. ger B. H. Campbell S. B. Cathey A. L. Odom onroe Weaver 4G/4