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Home My WebLink About1955-0202 - Ordinance - 02/21/1955ORDINANCE NO. 202 AN ORDINANCE GRANTING TO THE SOUTHWESTERN STATES TELEPHONE COMPANY ITS SUCCESSORS, OR ASSIGNS, A FRANCHISE TO USE THE STREETS, AVENUES, ALLEYS, AND OTHER PUBLIC PLACES OF THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, FOR A PERIOD OF TEN (10) YEARS, WITH THE RIGHTS, PRIVILEGES, AND AUTHORITY TO CONSTRUCT, OPERATE AND MAINTAIN ITS TELEPHONE LIDS ALONG, UNDER AND OVER STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY OF COLLEGE STAT ION, BRAZOS COUNTY, TEXAS, AND REPEALING ALL ORDINANCES aft PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS. 1. That the Southwestern States Telephone Company, its successors, or assigns, shall be and is hereby granted the right in the City of College Station, Brazos County, Texas, to conduct a business of furnishing tele- phone service and any business incident thereto and to install, maintain, and operate a telephone system, to maintain all construction consisting of poles, wires, cables, and other fixtures and such other telephone apparatus of whatever nature necessary for the furnishing of telephone service on, along, across, over, and under all of the streets, avenues, alleys, and other public places of said city for the purpose of conducting such bus- iness. The grounds of the Texas Agricultural and Mechanical College System are specifically excluded from the places where the telephone sys- tem or parts thereof may be installed or maintained under this ordinance. 2. The term of this franchise shall be for a period of ten (10) years, dating from the date of its passage by the City Council. 3. That the poles, wires, cables, and underground conduits, and other apparatus used by The Southwestern States Telephone Company, its successors, or assigns, shall, in the conduct of its business, be so placed and maintained at all times as not to interfere with the travel on or use of said streets, alleys, and public places of said City, or with the flow of water or any drain or gutter. The location of poles, wires, cables, underground conduits, and other equipment placed within the city limits (excluding the grounds of the Texas Agricultural and Mechanical College System) shall be so placed and maintained as to conform to all existing regulations that may hereafter be passed by the City Council of the City of College Station, and The Southwestern States Telephone Company, its successors, and assigns, agrees also to hold said City of College Station, Brazos County, Texas, free and harmless of any and all damages arising from and abuse or negligence of said grant in this regard. 4. That The Southwestern States Telephone Company, its successors, or assigns, shall, at all times, after the granting of this ordinance, keep, and maintain its plant in first class condition, act of God, the public enemy, strikes, and other unavoidable accidents expected, and shall furnish and render service to all individuals, firms, or corporationswith in the corporate limits of the City of College Station, Brazos County, Texas, in accordance with the reasonable rules and regulations and iti com- pliance with the laws of the State of Texas. 5. The Southwestern States Telephone Company agrees that it will, effective with the granting of this franchise, pay quarterly to the said City of College Station, an amount equivalent to two and three-fourths per cent ( 2 - 3/4% ) of its gross revenue derived from its exchange station service rendered within the said City of College Station (excluding the revenue earned by the Company for service rendered The Texas Agricultural and Mechanical College System,) such quarterly installments to be paid within thirty (30) �.ays following the expiration of the quarter for which same are payable. In consideration of such payments the said City agrees that the compensation so received by it shall be paid and received in lieu of any tax, license, charge, fee, exchange service, street or alley rental, or other charge of any kind or character for use and occupancy of the streets, alleys, and public places of the City, or the privilege of doing business therein, other than the usual general or special ad valorem taxes now or hereafter levied. 6. This tax will be effective /6-'/4/4. zz- , 19j , and shall be due and payable quarterly in arrears. 7. The rights herein granted shall be subject to all exising police ordinances of the City of College Station, Texas, not inconsistent herewith, as well as all other ordinances hereafter passed not inconsistent herewith. 8. That The Southwestern States Telephone Company, its successors and assigns, in further consideration of this franchise ordinance, agrees that during the life therof the City of College Station, Texas, shall have the right to use such space as may be necessary on the top cross arm of the poles now owned and those that may hereafter be erected by The Southwestern States Telephone Company, its successors and assigns, for its police and fire alarm system wires, provided that no high potential wires, electric wires, or other class of power wires shall ever be placed upon these cross arms by the said City of College Station, Texas. 9. If any section of this ordinance is for any reason held to be illegal or unconstitutional, such invalidity shall not affect the validity of the remaining provisions of this ordinance. All ordinances and parts of ordinances in conflict herewith are hereby specifically repealed. 10. The Southwestern States Telephone Company agrees to file with the Clerk of the City of College Station, Texas, its written acceptance of this Franchise -Ordinance within thirty days after its approval. Passed by the City Council of the City of College Station, Brazos County, Texas, this I s- day of / tf /3v./4 , 195.1 APPROVED: Mayor ATTEST: City Secretary 00497 ACCEPTANCE WHEREAS, the City Council of the City of College Station, Texas, did on the 27th day of February, 1967, enact an ordinance 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 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.", and WHEREAS, said ordinance was on the 27th day of February, 1967, 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 ordi- nance as enacted, approved and attested, The Southwestern States Tele- phone Company 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 19th day of May, A.D. 1967. THE SOUTHWESTERN STATES TELEPHONE COMPANY Bv: ice President Acceptance filed in the office of the City Secretary of College Station, Texas, this day of ?4v , A.D. 1967. a3„4.,,,,e37„6- City S cretary/• 00495