HomeMy WebLinkAbout1986-1684 - Ordinance - 10/23/1986ORDINANCE NO. 1684
AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO
GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, GRANTEE, AND ITS
SUCCESSORS AND ASSIGNSw TO CONSTRUCT, ERECT, BUILD, EQUIP, OWN,
MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE
STREETS, AVENUESw ALLEYS, BRIDGES~ VIADUCTS AND PUBLIC GROUNDS OF
THE CITY OF COLLEGE STATION~ TEXAS, SUCH POSTS, POLES~ WIRES,
CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES 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 ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR
REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY.
BE IT ORDAINED BY THE CITY COUNCIL OF TRE CITY OF
COLLEGE STATION, TEXAS:
GRANT OF RIGHT. ~ AND ~ FOR
~ AND MAINTE_~ OF ~ 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, such posts, poles, wires, cables, conduits
and other appliances, structures and fixtures necessary or
convenient for rendering telephone and other communication
services and for conducting a general local/extended area and
long-distance telephone business.
~ BY ~ OP ~ OP POn~S
CONDUIT
That all poles placed by General Telephone Company
of the Southwest 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 po]es,
stubs, guys, anchors, conduits and cables 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 laid by the Telephone Company within the clty
limits under this ordinance, shall be subject to the requirements
of the National Electrical Safety Code and the reasonable and
proper regulation, control and direction of the City Council or
designated official of the City. The City Council or its
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delegate shall have the authority to require the relocation of
any poles, stubs, guys, anchors, conduits or cables in the event
of a discovered violation of the National Electrical Safety Code
or a threat to the Health, Safety or Welfare of the residents of
the City of College Station. Such relocation shall be at the
expense of the Telephone Company.
SECTION 3. STREETS TO BE RES~Q~ TO GOOD ~
At the request of the City, the Telephone Company shall
locate its lines within 48 hours. In the event that the
Telephone Company fails to locate its lines within 48 hours, the
Telephone Company waives any claims of damages against the City.
That the surface of any street, alley, highway or
public place within the city disturbed by the Telephone
Company in building, constructing, renewing or naintaining ]ts
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 the 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 such street, alley, highway, or public place shall
be encumbered for a longer period than shall be necessary to
execute the work.
That the Telephone Company on the request of any person
shall remove o~ raise or lower its wires within the City
temporarily to permit the moving of houses or other bulky
structures. The expense of such temporary removal, raising or
lowering of wi~es shall be paid by the benefited party or
parties, and the Telephone Com[~any may require such payment in
advance. The Telephone Company sliall be given not less than
forty-eight (48) hours advance notice to arrange roi such
temporary wire changes. The clearance of wires above the ground
oi rails withln 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 promulgated at the time of erection thereof.
That 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 Council or of any C~ty official to whom said duties
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have been or may be delegated.
ANNUAL CASH ~ TO BE PAID BY THE
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 and one-half percent (4.5%) of the
annual gross receipts derived by the Telephone Company from
exchange access rates, contained in Sections 6, 36, and 37 of its
approved General Exchange Tariff, charged customers within the
corporate limits of the City during the preceding year. The
first payment hereunder shall be made March 31, 1987, and shall
be equal in amount to four and one-half percent (4.5%) of the
gross receipts derived from exchange access rates from the date
of the acceptance of this Ordinance to December 31, 1986; and
thereafter payment shall be made annually on March 31, as
herein provided. In the event legislation is passed or judicial
order or administrative order is rendered which negatively
impacts the annual cash consideration to be paid to the City of
College Station under Section 6 of this agreement, then the four
and one-half percent figure shall be subject to review and
alteration by the City Council for the City of College Station.
PAYMENT OF CASH ~Q~ TO BE IN LIEU OF ANY
OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL
AD VALO~EM~AXES
That 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
any other character of charge for the 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 fozegoing 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 8.
That nothing herein contained shall be construed as
giving to the Telephone Company any exclusive privileges.
Company shall indemnify and hold harmless the City from
any and all claims for losses, damages, and injuries arising out
of the operations of Company and the use of public right-of-way
and property in conducting Telephone Company operations.
Further, in the event of litigation, Telephone Company shall pay
any attorney's fees as may be allowed by law incurred by City in
enforcing the provisions of this franchise agreement.
City reserves to itself exclusively the power to
regulate telephone company to the full extent that such power
provided by law.
is
During business hours, telephone company shall be open
to City Council or its designated official for the inspection of
contracts, books of account, and cost operating records
pertaining to its operations covered by this franchise.
11. ~ AND ASSIGNS
That 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.
That this agreement shall be in full force and effect
for the period beginning with the effective date hereof and
ending Ten (10) years after such date.
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
validity of the remaining portions of this Ordinance. All
ordinances and agreements and parts of ordinances and agreements
in conflict herewith are hereby repealed.
That the Telephone Company shall have sixty (60) days
from and after the final passage and approval of this Ordinance
in accordance with Charter Section 120 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 acceptance, and shall
effectuate and make binding the agreement provided by the terms
hereof.
APPROVED this 23rd day of
ATTEST:
October, A.D. 1986.
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First Consideration & Approval:
Second Consideration & Approval:
Third Consideration & Approval:
September 11, 1986
September 25, 1986
October 23, 1986