Ordinance 1980-17
ORDINANCE NO.
80-17
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
CITY OF WYLIE, TEXAS, SUCH POSTS, POLES, WIRES,
CABLES, CONDUITS AND OTHER APPLIANCES, STRUC-
TURES 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
CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGN-
MENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF
CONFLICTING ORDINANCES AND FOR PARTIAL INVALI-
DITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
GRANT OF RIGHT, PRIVILEGE AND FRANCHISE FOR
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, hereinafter referred to as the "Telephone Company,"
and its successors or assigns, subject to the terms and condi-
tions 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, such posts, poles, wires, cables, conduits
and other appliances, structures and fixtures necessary or con-
venient for rendering telephone and other communication serVIces
and for conducting a general local/extended area and long-dis-
tance telephone business.
SECTION 2.
SUPERVISION BY CITY OF LOCATION OF POLES AND
CONDUIT
That 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 con-
struction 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, shall
be subject to the reasonable and proper regulation, control and
direction of the City Councilor of any City official to whom
such duties have been or may be delegated.
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That 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 3.
STREETS TO BE RESTORED TO GOOD CONDITION
That the surface of any street, alley, highway or
public place within the City disturbed by the Telephone Com-
pany in building, constructing, renewing or maintaining its
telephone plant and system shall be restored within a reason-
able time after the completion of the work to as good a con-
dition as before the commencement of the work and maintained
to the satisfaction of the City Council, or of any City offi-
cial to whom such duties have been or may be delegated, for
one year from the date the surface of said street, alley, high-
way or public place IS broken for such construction or main-
tenance work, after which time responsibility for the mainte-
nance shall become the duty of the City. No such street, alley,
highway, or public place shall be incumbered for a longer period
than shall be necessary to execute the work.
SECTION 4.
TEMPORARY REMOVAL OF WIRES
That the Telephone Company on the request of any per-
son shall remove or raise or lower its wires within the City
temporarily to permit the moving of houses or other bulky struc-
tures. The expense of such temporary removal, raising or lower-
ing 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. The clearance of wires above ground or rails within
the City and also underground work shall conform to the basic
standards of the National Electrical Safety Code, National Bureau
of Standards, United States Department of Commerce, as promul-
gated at the time of erection thereof.
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SECTION 5.
TREE TRIMMING
That the right, license, privilege and permission IS
hereby granted to the Telephone Company, its successors and as-
signs, 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 Councilor of any City official to whom said duties
have been or may be delegated.
SECTION 6.
ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELE-
PHONE COMPANY
That to indemnify the City for any and all possible
damages to its streets, alleys, and public grounds which may
result from the placing therein 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
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 four percent (4%) of the annual gross re-
ceipts derived by the Telephone Company from exchange access
rates, contained in Sections 6 and 36 of its approved General
Exchange Tariff, charged customers within the corporate limits
of the City during the preceding year. The first payment here-
under shall be made March 31, 1981, and shall equal in amount to
four percent (4%) of the gross receipts derived from exchange
access rates from the date of passage of this Ordinance to Dec-
ember 31, 1980; and thereafter payment shall be made annually
on March 31st, as herein provided.
SECTION 7.
PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF
ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL
AD VALOREM TAXES
That the City agrees that the consideration set forth
4 .
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 fran-
chise 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 pay-
ment 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 satis-
faction of the Telephone Company's obligations, if any, to pay
any such taxes, licenses, charges, fees, rentals, and easement
to franchise taxes.
SECTION 8.
NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS
ORDINANCE
That nothing herein contained shall be construed as
giving to the Telephone Company any exclusive privileges.
SECTION 9.
SUCCESSORS AND ASSIGNS
That the rights, powers, limitations, duties and re-
strictions herein provided for shall inure to and be binding
upon the parties hereto and upon their respective successors
and assigns.
SECTION 10.
PERIOD OF FRANCHISE
That this agreement shall be in full force and effect
for the period beginning with the effective date hereof and end-
ing fifteen (15) years after such date.
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SECTION II.
PARTIAL INVALIDITY AND REPEAL PROVISIONS
That 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 vali-
dity of the remaining portions of this Ordinance. All ordinances
and agreements and parts of ordinances and agreements in con-
flict herewith are hereby repealed.
SECTION 12.
ACCEPTANCE OF AGREEMENT
That the Telephone Company shall have sixty (60) days
from and after 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 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 11th day of November, A.D. 1980.
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ATTEST:
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ity Secretary
6.