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HomeMy WebLinkAbout1968-0599 - Ordinance - 10/28/1968ORDINANCE NO. 599 AN ORDINANCE AMENDING TELEPHONE FRANCHISE AGREEMENT BETWEEN CITY OF COLLEGE STATION, TEXAS AND GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, SUCCESSOR TO THE SOUTHWESTERN STATES TELEPHONE COMPANY, APPROVED FEBRUARY 27, 1967. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION I. AMENDMENT OF TELEPHONE FRANCHISE That certain Ordinance of the City of College Station, Texas, ordained by the City Council on February 27, 1967, as Ordinance No. 509, and entitled: "AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO THE SOUTHWESTERN STATES TELEPHONE COMPANY, 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 COLLEGE STATION, TEXAS, POSTS, POLES, WIRES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER COMMUNICATION SERVICE AND FOR CON- DUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS; REQUESTING AND AUTHORIZING THE PROVISION OF FACILITIES AND EQUIPMENT FOR AND THE FURNISHING OF CERTAIN EXTENDED AREA TELEPHONE SERVICE; PROVIDING FOR THE FIXING OF RATES, FOR THE ASSIGNMENT OF FRANCHISE, FOR AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES, FOR REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. ", be, and the same is hereby amended as follows: (1) Section 1. of such Ordinance No. 509 is hereby repealed and, in lieu thereof, such Section shall henceforth read as follows: SECTION 1.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, hereinafter 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, posts, poles, wires, conduits and other appliances, structures and fixtures necessary or convenient for rendering telephone and other communication service and for conducting a general local and long-distance telephone business. The Telephone Company is hereby authorized to provide facilities 01522 Ordinance No. 599 Page 2 and equipment for the furnishing of extended area service between the exchange service areas of the College Station telephone exchange, and the telephone exchanges of Bryan, Steele Store, Kurten, and Tunis, as such exchanges are now or may hereafter be constituted. The Telephone Company is authorized to provide such extended area service in its College Station exchange in lieu of purely local exchange service, it being intended that the Telephone Company shall not be required to provide extended area service and purely local exchange service upon a selective basis. "Extended area service", as used herein, means the implementation of telephone service by the Telephone Company to its subscribers in the service area of its College Station exchange whereby they may not only call and be called by one another, without specific charge therefor, as under a purely local exchange service, but whereby they may also call and be called by subscribers of one, or more or all of the connecting exchanges hereinabove enumerated without specific charge therefor. PROVIDED, the right granted in the section to lay underground construction shall not be construed as in any way preventing the City of College Station, in the reasonable exercise of its police powers, from requiring said Company to construct such other and further underground conduits as may be deemed proper by the City from time to time during the term of this franchise, and, PROVIDED FURTHER," that such power will not be exercised by the City unless other utilities which have wires in such districts are also required to place same in underground conduits. SECTION II. ACCEPTANCE OF AGREEMENT That the Telephone Company shall have thirty (30) days from and after the passage and approval of this ordinance to file its written acceptance thereof with the City Secretary, and upon 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 28th day of October, 1968, ATTEST: City Secretary �LLrz�ncaa�✓ Mayor 01523