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HomeMy WebLinkAboutOrdinance No. 219 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS PROVIDING THAT SOUTHWESTERN BELL TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Southwestern Bell Telephone Company, hereinafter referred to as the "Telephone Company," is now and has been engaged in the telephone business in the State of Texas and in furtherance thereof, has erected and maintained certain items of its plant construction in the City of The Colony, 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 exercise of such reasonable rights of regulation under the police power as have been also lawfully granted by and under said laws to said City; 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 CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE The poles, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances, used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company in the City, shall remain as now constructed, subject to such changes as under the limitations and conditions herein prescribed may be considered necessary by the City in the exercise of its lawful powers and by the Telephone Company in the exercise of its business of furnishing telephone service; and the Telephone Company shah continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time require along, across, on, over, through, above and under aH the public streets, avenues, alleys and public grounds and places within the present limits of the City and within said limits as the same from time to time may be extended, subject to the regulations, limitations and conditions herein prescribed. SECTION 2. SUPERVISION BY CITY OF LOCATION OF POLI~ AND CONDUIT All poles to be placed shah 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 aH poles, stubs, guys, anchors, conduits and cables to be placed and constructed by the Telephone Company in the construction and maintenance of its telephone 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, shah be subject to the reasonable and proper regulation, control, and direction of the City Council 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 telephone plant and system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of 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, alley, highway, or public place is broken for such construction 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 shah be necessary to execute the work. SECTION 4. OPERATION AND MAINTENANCE OF TELEPHONE PLANT The Telephone Company shall maintain its system in reasonable 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 interrupted, 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 strueturas. 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 payments 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 TRIMMIlqG 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 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 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 telephone equipment or apparatus, and to compensate the City for its superintendence of this agreement, and as the cash consideration for the same, the Telephone Company agrees to pay to the City annually during the continuance of the agreement a sum of money equal to two (2%) percent of the annual gross receipts for the preceding year received by the Company from the rendition of local exchange telephone transmission service within the corporate limits of the City. The total sum of money paid hereunder shall not in any event exceed the amount allowed by the Public Utility Commission of Texas as a reasonable and necessary expense of operation for rate making purposes. The first payment hereunder shall be made April 15, 1983, and shall equal in amount two (2%) percent of gross receipts, received from the effective date of this ordinance to December 31, 1982; and thereafter payment shall be made annually on April 15 as herein provided. SECTION 8. PAYMENT OP CASH CONSIDERATION TO BE IN LIeU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM TAXES 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 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. FACILITH~ TO BE FURlq-I~HED CITY AS ADDITIONAL CONBIDERATION In addition to the consideration set forth in Section 7, the Telephone Company shah hold itself ready to furnish, subject to the use of the City, sueb wire space as may be required from time to time by the City upon the poles now owned or hereafter erected by the Telephone Company in the City for the use of the City's police and fire alarm system; provided that the required wire space shall not exceed the wire capacity of one cross arm on any one pole. The location on the poles of this fire and police wire space shall be determined on speeifie applications for space, at the SECTION 14. 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 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 thereof with the City Secretary, and upon such acceptance being filed, this ordinance shall take effect and be in force ninety (90) days from and after the date the acceptance is filed with the City and shall effectuate and make binding the agreement provided by the terms hereof. DULY PA~SED AND APPROVED by the City Council of the City of The Colony, Texas this ~ ~ day of _~~, A.D., 1982. MAYOR ATTEST: APPROVED AS TO FORM: //// SECRETARY CITY ATTORNEY I, .... C,,~7/q~,(.].. , City Secretary of the City ot The Colony, Texas do hereby certify that the foregoing is a true and correct copy of Ordinance No. /~[f , passed and approved by the City of The Colony, Texas, at a regular meeting held on the ~ ~-~ day of ~ , 1982. IN WITNESS WHEREOF, I hereto set my hand and affix the official seal of the City of The Colony, Texas this ~/d~4-''~-~ of ~ , 1982. day ' CITY SECRETARY ACCEPTED BY SOUTH~iESTERN BELL TELEPHONE COMPANY on the day of , 1982. SOUTHWESTERN BELL TELEPHONE COMPANY By: ITS ATTEST: SECRETARY (SEAL) ACCE~ANCE WHEREAS, the City Council of the City of The Colony, Texas, did on the 23 day of August, 1982, enact an ordinance entitled: "AN ORDINANCE OF THE CITy OF THE COLONY, TEXAS, PROVIDING THAT, SOUTHWESTERN BELL TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTBER PLANT CONSTRUCTION AND APPURTENANCES, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEt{ ~.~N PROVIDED:" and WHEREAS, said ordinance was on the 23 day of August, 1982, duly approved by the Mayor of said City and, the Seal of said City was thereto affixe~ and attested by the City Secretary: NOW, THEREFORE, in compliance with the terms of said ordinance as enacted, approved and attested, the Southwestern Bell Telephone Compaay hereby accepts said ordinance and fi]es this its written acceptance with the City Secretary of the City of The Colony, Texas in his office. SOUTHWESTERN BELL TELEPHONE COMPANY Vice President-Customer Services (Texas) Acceptance filed in the office of the City Secretary of ColonvTexas, this // day of ~..~/_.~_~ , 1982. v } l-eg~ Jity Secretary '