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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 1 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 2 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. ) · First Consideration & Approval: Second Consideration & Approval: Third Consideration & Approval: September 11, 1986 September 25, 1986 October 23, 1986