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HomeMy WebLinkAbout1967-0509 - Ordinance - 02/27/1967Lai U? STATION, TEXAS: 6.5 ORDINANCE NO. 509 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 CONDUCTING 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 PARTIAL INVALIDITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE SECTION 1. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE. 0 0 (] That the right, privilege and franchise be, and the same is hereby, granted to The Southwestern States Telephone Company, 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 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 and equipment for the furnishing of extended area service between the exchange service areas of the College Station, Texas, telephone exchange and the telephone exchanges of Bryan, Texas, Steele Store, Texas, and Kurten, Texas, 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, Texas, 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, Texas, exchange whereby they not only call and may 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 01236 Ordinance No. 509 Page 2 suchother 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 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 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 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 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. That the surface of any street, alley, highway or public place within the City 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 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 two years from the date the surface of said street, alley, highwayor 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 that shall be necessary to execute the work. SECTION 4. OPERATION AND MAINTENANCE OF TELEPHONE PLANT. That the Telephone Company shall maintain its system in reasonable operating con- dition 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. That the Telephone Company on the request of any person shall remove or 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 wires shall be paid by the benefited party or parties, and the Telephone Company may require such paymenf in advance. The Telephone Company shall be given not less than forty-eight (48) hours ad- vance 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 standar( of the National Electrical Safety Code, National Bureau of Standards, United States Depart- ment of Commerce, as promulgated at the time of erection thereof. 01237 Ordinance No. 509 Page 3 SECTION 6. TREE TRIMMING. 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 street, 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 City official to whom said duties have been or may be delegated. SECTION 7. ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY. As the cash consideration for this franchise the Telephone Company agrees to pay to the City annually during the continuance of this agreement a sum of money equal to two and three-fourths percent (2 3/4%) of the annual gross receipts for the preceding year received by the Telephone Company from the rendition to subscribers located within the corporate limits of the City of local exchange and extended area telephone transmission service. The first payment hereunder shall be made March 15, 1968, , and shall equal in amount to two and three-fourths percent (2 3/4%) of the gross receipts received from January 1, 1967 to December 31, 1967 , and thereafter payment shall be made annually on March 15 , as herein provided. SECTION 8. DELEGATION OF AUTHORITY. That the City may delegate to a designated official or officials the exercise of any and all of the powers conferred upon the City hereby or by applicable State statutes and law which relate to the supervision and regulation of the Telephone Company in its exercise of the rights and franchises herein conferred, but the governing body of the City of College Station, Texas, shall reserve to itself exclusively the power to fix and regulate charges and rates of the Telephone Company to the full extent that such power is provided by law and this franchise. All lawful powers not delegated by the governing body of the City of College Station, Texas, are reserved to, and shall be exercised by, said governing body exclusively. At all reasonable times, during the continuance of the rights herein granted, the local exchange and general offices of the Telephone Company shall be open to the said governing body or its designated official for inspection of original contracts, books of account and cost operating records pertaining to its operations covered by this franchise. Any method of accoutning heretofore or hereafter adopted or authorized by any law of the United States or of the State of Texas or under or pursuant to the authority of any such law shall be deemed proper and sufficient accounting as to all matters covered thereby. SECTION 9. RATE REGULATION. That it is mutually understood and agreed that the rates to be charged to inhabitants of the City of College Station, Texas, for extended area service (in lieu of strictly local exchange service) shall be fixed and regulated by the governing 35 Ordinance No. 509 Page 4 body of said City of College Station, Texas, in accordance with the statutes and laws of the State of Texas; provided, however, that such rates and charges shall be sufficient to provide the Telephone Company with a fair return on the fair value of its property used and useful in the rendition of such telephone services to the subscribers in the College Station, Texas, exchange. The Telephone Company is permitted to charge rates for its service in the City of College Station as fixed and determined by Ordinance duly enacted by the City of College Station, Texas, from time to time. The City, in granting this franchise, desires that the rates for telephone service to be furnished by the Telephone Company within the City of College Station shall always be reasonable, and to this end, the City shall have at all times full power and authority to investigate, fix, and regulate such rates under its charter and regulatory powers to the extent permitted by the laws of this State. The City shall have full power to investigate and shall consider the quality of service rendered by the Telephone Company, the fair value of its property, its revenues and expenses, and shall allow a fair return upon such property value, and give proper consideration to each fact which has or may have a bearing upon the matter of reasonable rates in accordance with the law. In order to ascertain such facts, the City shall have full power and authority to inspect or cause to be inspected the books of the Company, and to inventory and appraise, or cause to be inventoried and appraised, the property of the Company, and to compel the attendance of witnesses at any hearing. It is further agreed that the Company will not at any time change any rate without presenting an application to the City for such change. The City reserves the right to refuse to allow any change in the rates after a hearing based upon the facts as found. As part of the consideration for this franchise, the Company, its successors and 'assigns, agrees to maintain reasonably adequate service on its rural lines emanating out of the College Station exchange, and the rates charged therefor shall always be fair and reasonable. SECTION 10. DISCONTINUANCE OR INTERRUPTION OF EXTENDED AREA SERVICE. Discontinuance or interruption of all or any portion of the extended area service requested and authorized hereby shall not be grounds for forfeiture of this franchise, provided such discontinuance or interruption results from causes beyond the control of the Telephone Company, including acts or omissions by the owner or owners of connecting exchange or exchanges participating in the rendition of such extended area service. SECTION 11. PERIOD OF FRANCHISE. The right, privilege and franchise hereby granted shall be for a period of ten (10) years from the date of passage and approval of this ordinance, subject to the conditions hereinabove and hereinafter set forth. 01239 Ordinance No. 509 Page 5 SECTION 12. NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE. That nothing herein contained shall be construed as giving to the Telephone Company any exclusive privilege. SECTION 13. SUCCESSORS 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, provided, however, that the rights herein conferred shall not be assigned to any individual, partnership or corporation other than General Telephone and Electronics Corporation or one of its operation telephone subsidiaries without the written consent of the City of College Station, Texas. SECTION 14. 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 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. LIABILITY OF CITY. That during the period this ordinance is in existence and enjoyed by the Telephone Company, the Telephone Company shall indemnify and hold harmless the City from any and all claims for losses, damages, and injuries occasioned to or sustained by any persons, firms or corporations, or their 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 16. ADAPTATION OF TELEPHONE PLANT. The City reserves the right to lay, and permit to be laid, electric, gas, water, pipe lines and cables, and to do and permit to be done underground work that may be deemed necessary or proper by the City across, along or under any street or other public way occupied by the Telephone Company, and to change any curb or sidewalk or the grade of any street. The City shall not be liable to the Telephone Company for damage by reason of the change of the grade of any street. When any of the work herein provided for is to be done, the City will notify the Telephone Company thereof, and the City is further authorized to require the Telephone Company to adapt its lines to such changes within a reasonable time after receiving notice from the City directing it so to do, provided that the cost to Telephone Company of adaptation or changes necessitated by the requests for changes by other public utilities shall be paid for by the requesting public utility. SECTION 17. DEFAULT AND FORFEITURE. In the event of the default of the Telephone Company in the doing or performing of any of the terms and conditions herein stipulated to be performed by it, or required under any proper ordinance regulating the Telephone Company, and the furnishing of o12 Ordinance No. 509 Page 6 telephone service hereunder, and if such default shall be persisted in, after twenty (20) days' written notice, and after the facts of such default shall have been established in court, the rights herein granted shall become subject to forfeiture at the suit of the City, provided the court considers the best interests of the City demands a forfeiture; however, in any such forfeiture proceedings, if default is finally established, the Telephone Company shall be adjudged to pay all cost of such proceedings. In any final judgement or forfeiture, reasonable time shall be fixed by such Board or court thereaf ter to correct the default as finally decided, and if corrected and costs paid within such time, the forfeiture shall not become effective. The City, through its City Council, for good cause, may enlarge the time allowed the Telephone Company by this franchise to do any act required of it by this franchise, or by the Board, and the Telephone Company shall be bound to do such act within such enlarged time, and in case of failure, forfeiture proceedings as herein provided for may be had hereunder, as if such enlarged time were originally provided herein. SECTION 18. PURCHASE RIGHT OF CITY. The City shall have the right to purchase, at a fair value, the franchise and property of the Telephone Company at the end of the first ten (10) years of the term granted by this franchise, and at the termination of every ten (10) years thereafter, and in arriving at a fair valuation, the City shall not take into consideration the value of this franchise, or any other franchise or grant held by the Company, or any intangible value of the Telephone Company's property, but, merely a fair value for the tangible property in use by the Telephone Company in its business of supplying the public with telephone service. SECTION 19. 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 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 27th day of February, 1967. Mayor City Secretary 01241 ACCEPTANCE WHEREAS, the City Council of the City of College Station, Texas, did on the 28th day of October, 1968, enact an ordinance entitled: "AN ORDINANCE AMENDING TELEPHONE FRANCHISE AGREEMENT BETWEEN CITY OF COLLEGE STATION, AND GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, SUCCESSOR TO THE SOUTHWESTERN STATES TELEPHONE COMPANY, APPROVED ORDINANCE NO. 599". , and WHEREAS , said ordinance was on the 28th day of October, 1968, duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the City Secretary; 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 City Secretary of the City of College Station, Texas, in his office. DATED this day of , 19 ATTEST: City Secretary GENERAL TELEPHONE COMPANY OF THE SOUTHWEST By: Vice -President Acceptance filed in the office of the City Secretary of College Station, Texas, this 28th day of October, 1968. 01242