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Ord 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