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 of such Ordinance No. 509 is hereby repealed and, in lieu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
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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
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Mayor
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