HomeMy WebLinkAboutOrd 45 Granting a Franchise Agreement with General Telephone Company ORDINANCE 45
AN ORDINANCE TING THE RIGHT, PRIVILEGE FRANCHISE TO GENERAL
TELEPHONE COMPANY OF THE SOUTHWEST, GRANTEE, AND ITS SUCCESSORS
ASSIGNS, TO CONSTRUCT, ERECT, BUILD, EQUIP, OWN,, MAINTAIN AND OPERATE
IN, ALONG, UNDER, OVER AND ACROSS THE STREETS, S, ALLEYS,
Iii S, VIADUCTS D PUBLIC -
F THE , WE -'=h ETOWN OF
WESTIAKE, TEXAS , ANY AND ALL SUCH APPLIANCES, 5T UCTU D FIXTURES
NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER COMMUNI-
CATION
C I-CATSC SERVICE AND FOR CONDUCTING A GENERALLOCAL AND LONG-DISTANCE
TELEPHONE BUSINESSI PROVIDING FOR THE ,FIXING OF RATES, FOR THE ASSIGN-
MENT OF FRANCHISE, FCR CONSIDERATION, FOR REPEAL OF CONFLICTING
ORDINANCES AND FOR PARTIAL V I TY.
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 -o
Torn of Westlake "Town
hereinafter referred to as- -the =! " ' ,
for many years pursuant to such rights as have been granted it by and
der 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
Town
said el d
Town
WHEREAS, it is to the mutual advantage of both the d
the Telephone Company that an agreement should be entered into between
Town
the Telephone Company and the =ft=by establishing the conditions under
Town
which the Telephone Company shall operate i
BOARD OF ALDERMEN
NOW, THEREFORE, BE IT ORDAINED BY THE e3 «-=C # ('1T_
TOWN OF WESTLAEE,, TEXAS
OF THE „ = .._ P Fi3 ® ' ' , THAT
SECTION 1. CONSTRUCTION AND MAI T C OF -TELEPHONE PLANT AND SERVICE
That the right, privilege and franchise b , and the same i
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, n, maintain and operate in, along,
under, over and across the streets, alleys, avenues,` bridges, viaduct's
Town
and public grounds of thwt'Ifty, any and all such appliances, struc-
turesi necessary or convenient for rendering
and ® .her communication service and for conductingcommunications
business, including rendition of local and long-distance telephone
service. The appliances, structuresto the Telephone
Town
Company .in i _ . - hill remain as now constructed, ect to such
changeser the limitations n ,ton rein prescribed,
Town
may be considered necessary by the Cl-kyin the exercise of its lawful
powers and by the Telephone Company in the conduct of its u ine .
SECTION2. SUPERVISION BY CITY OF LOCATIONCONDUIT
1 poles to be placed shall be of sound materiald
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
Town
communications system in the City, and the location of all conduits
Town
to be laid by the Telephone Company within the limits of the=ft
der this ordinance, shall be subject to the reasonable and proper
Board of Aldermen
regulation, control and. direction of the Crxy :fz=zri-_J=
Town
or of y *-9fficial to whom suchduties have been or may be
delegated.
SECTIONT TO BE RESTOREDCONDITION
The surface of any street, alley, hi hway, 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 workto as gooda condition a
before the commencement of the work and maintained to the satisfaction
Board of Aldermen Town
of the -Q�ty- M or of any Q6W official to whom
. , such ti n or may be delegated, for one year from the date
the surface of saidstreet, alley, highwayor public place is broken
2.
for such construction or maintenance work, after which time responsi-
Town
bility for the maintenance shall become the duty of the =CUAV. 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 ,
Moods 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 tempora ry 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
Town
places of the so as to prevent the branches of such trees from
coming in contact with the wires or cables of the Telephone Company,
Town
and when so ordered by the =GiVy, said trimming shall be done under
Board of Aldermen
the supervision and direction of the CiW
Town
or of any eitr- official to whom said duties have been or may be dele-
gated.
3.
SECTION 7® ANNUAL CASH CONSIDERATION TO BE PAID BY THE
TELEPHONE COMPANY
Town
To indemnify the=Gj;-W for any and all possible damages to
its streets, alleys , and public grounds which may result from the
placing and maintenance therein or thereonofthe Telephone Company®s
poles , conduits, or other equipment or ,apparatus, and to compensate
Townr.
the eiihy for its superintendence of this agreement, and as the cash
consideration for the same, the Telephone Company agrees to pay to
Town
the Qltannually during the continuance of this agreement a sum of
money equal to two of the
annual gross receipts for the preceding year received by the Telephone
Company from the rendition of local exchange telephone transmission
Town
service within the corporate lintits of the =Gi=t-y. he first payment
hereunder shall be made March 31, 19 =IT 72 shall equal in
amount to - (')%) of the gross
receipts received from the date of passage of this Ordinance to
December 31, 19 7l ; 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 GENE ORSpECIAL AD VALOREM TAXES
Town
The =QLL-1 ees 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 andl.occupancy of the streets, alleys ,
Town
and public places of the =Gjzk4; 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
Town,z-,-�,,
now or hereafter levied. Should the ZL:ty 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
Townk
or franchise taxes aforesaid, then the Zi&y 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 ,
4.
licenses, charges, fees, rentals# and eamement or franchise
taxes.
SECTION 9. RATE REGULATION
That it is mutually understood and agreed that the rates to
be charged to i nhabitants of the Qtty--nt 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 statutes and laws of the State of
IgXag_- 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
Westlake
rendition of local exchange telephone service in the
exchange.
SECTION 10. PERIOD OF TIM OF THIS ORDINANCE - TERMINATION
This agreement shall be in force and effect for a full to
and period of — t-A*M- z;EjV4=q ) twenty (20) years from and
after its effective date hereinafter 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 , duties and restrictions
herein provided for shall inure to and be binding upon the parties
hereto and upon their respective successors and assigns.
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.
5.
TOWN
SECTION 14. LIABILITY OF CWW
During the period this ordinance is in existence and enjoyed
by the Telephone Company, the Telephone Company shall indemnify and
Town
hold harmless the =e&ty from any and all claims for losses, damages and
injuries occasioned to or sustained by any persons, firms or corpora-
tions, or it property ,by reason of the existence, maintenance,
operation or continuance- of this ordinance and the exercise of all
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
Town
acceptance thereof with the =9k-ty 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 ayor® and shall
effectuate and make binding the agreement provided by the terms hereof.
APPROVED this 25th day of January A.D. 19 71
161
OR 411
ATTEST:
SECRETARY
TOWN
6 .
Town
The o acting herein by its duly constituted authoritiesp hereby
waivesthree separate meetingsdeclares foregoing
ordinance finally effective as of this 25th y of
January 71
.. .,.
ayor
C o ii mmissioner-:&e_rmO__
e
o ssiC'n r-w erman
4
d
7®
ACCEPTANCE
Town
E AS, ty Boara of Alaermen o
f the C-ftzy
of Westlake, Texas _rdid on8i-I25
Y of
a a y � enact ordinance entit. e a
ORDINANCETIN THE RIGHTvD FRANCHISE TO GENERAL
TELEPHONE COMPANY OF THE SO ST, GRANTEE, AND ITS SUCCESSORS D
ASSIGNS, TO CONSTRUCT, ERECT, BUILD, EQUIPp OWN, MAINTAIN, OPERATE
IN, ALONG, UNDER, OVER AND ACROSS THE STREETS, AVENUES, ALLEYS,
BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF T Era _-
TEXAS , ANY AND ALL SUCH APPLIANCES, STR_UTCT FI U S
EC yCOC NIE T FOR RENDITION9F TELEPHONE AND OTHER COMMUNI-
CATION SERVICE AND FOR CONDUCTING E LONG-DISTANCE
TELEPHONE BUSINESS; PROVIDING FOR THE FIXING OF RATES, FOR THE ASSIGN-
MENT OF FRANCHISE, FOR CONSIDERATION, FOR REPEAL OF CONFLICTING
ORDINANCES ,AND FOR PARTIAL INVALIDITY. " ,
d
WHEREAS, said ordinance was on the . 25th day of Januar
1.9 71 , duly approved by the Mayor of said Town and the seal of said
Town way thereto affixed and attested by the Town Secret
NOW, THEREFORE, in compliance with the terms of said ordinance
as enacted, approved and attested, the General Telephone Company of the
Southwest hereby accepts said ordinance and files this its written
acceptance with the Town Secretary of the - Town of Westlake
Texas , n his office.
DATED this 17th day of March , A.D.
19 71
GENERALTELEPHONE COMPANY
OF THE SOUTHWEST
By:
ice r nt .
ATTEST®
Assistant Secre a
Town
Acceptancefiled in the office of e - Secretary of
Westlake Texas , this 12th day of
APRIL A. 71
ecretary
Town