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HomeMy WebLinkAbout1981-O-X - 1981-2006 GRANTING OF FRANCHISE TO GULF STATES-UNITED TELEPHONE COMPANY • X � . . FILE COPY ORDINANCE NO. AN ORDINANCE WHEREBY THE TOWN OF STEPHEN VILLE, TEXAS GRANTS TO GULF STATES-UNITED TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO CONSTRUCT, RECONSTRUCT, ERECT, INSTALL , OPERATE, AND MAINTAIN ITS POLES, WIRES, LINES , ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION, FIXTURES, AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, WAYS, GROUNDS, AND PLACES IN SAID TOWN OF STEPHEN VILLE, TEXAS, UPON TERMS AND CONDITIONS, AND THAT SAID TOWN OF STEPHENVILLE, TEXAS SHALL RECEIVE AN ANNUAL AMOUNT AND AS TO OTHER MATTERS, ALL AS HEREIN PROVIDED. BE IT ORDAINED BY THE TOWN OF STEPHEN VILLE, TEXAS THAT: Section 1. Granting of Franchise. The Town of Stephenville, Texas, hereinafter called the "Town", hereby grants to Gulf States-United Telephone Company, its successors and assign, hereinafter called the "Telephone Company", the right, privilege, and authority to construct, reconstruct, erect, install , operate, and maintain its poles, wires, lines, anchors, cables, manholes, conduits, and other plant construction, fixtures, and appurtenances along, across, on, over, through, above, and under all present and public streets, avenues, alleys, ways, grounds, and places of the Town within the present limits of the Town and within the limits of the Town as the same from time to time may be extended or enlarged, for the business and purposes of furnishing communications services, both audible and visual , to the public by telephone or other electrical or electromagnetic means. Section 2. Franchise Not Exclusive. The rights herein granted shall not be exclusive, and the Town reserves the right to grant like rights and privileges to use the public streets, avenues, alleys, ways, grounds, and places within the Town to others for similar and other uses, and same not to interfere, however, with the enjoyment of the rights and privileges herein granted to the Telephone Company. Section 3. Construction and Maintenance. (a) The Telephone Company shall make good faith, reasonable efforts to maintain its system in good operating condition 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, reasonable within its power to do, to restore normal service. (b) The construction, maintenance and operation of the Telephone Company's system and its property shall be subject to all lawful police regulations of the governing body of the Town. The Town shall have power at any time to order and require the Telephone Company to remove and abate any pole, wire, cable or other structure that is dangerous to life or property, and in case the Telephone Company, after notice, fails or refuses to act, the Town shall have the power to remove or abate the same at the expense of the Telephone Company, all without compensation or liability for damages to the Telephone Company. The Telephone Company shall promptly restore to as good condition as before working thereon, and to the reasonable satisfaction of the Town Council , all streets excavated by the Telephone Company. Section 4 Reservations by the Town (a) The Town reserves the right to lay, and permit to be laid, sewer, gas, water, and other pipelines or cables and conduits, and to do and permit to be done, any underground and overhead work that may be deemed necessary or proper by the governing body of the Town, in across, along, over or under any street, alley, highway, or public place occupied by the Telephone Company and to change any curb or sidewalk or the grade of any street provided the Town shall give reasonable notice thereof to the Telephone Company. In permitting such work to be done, the Town shall not be liable to the Telephone Company for any damage occasioned thereby, nor shall the Town in doing any such work be liable to the Telephone Company for any damages not willfully and unnecessarily occasioned; provided however, nothing herein shall relieve any contractors, permittees, or other persons doing such work for the Town or for others from liability under applicable laws. (b) In the event that the governing body of the Town authorizes abutting landowners to occupy space under the surface of any street, alley, highway, or public place, such grant to an abutting landowner shall be subject to the rights herein granted to the Telephone Company. In the event that the governing body of the Town shall close or abandon any street, alley, highway, or public place, which contains any existing facilities of the Telephone Company, any conveyance of land contained in such closed or abandoned street, alley, highway, or public place shall be subject to the rights herein granted. (c) Whenever by reason of the changes in the grade or location of 2 any curb, sidewalk, alley or street or in the location or the manner of construction any water pipes, gas pipes, sewers, or any other underground or overhead structure for any purpose whatever, it shall be deemed necessary by the governing body of the Town to alter, change, adapt or conform the underground or overhead facilities of the Telephone Company thereto, such alterations or changes shall be promptly made by the Telephone Company when ordered in writing by the governing body of the Town, without claim for reimbursement or damages against the Town; provided however, the Telephone Company shall have the right to present alternative proposals to the Town which shall give due consideration to such alternative proposals, and further provided, however, that the Town shall not require the Telephone Company to remove its facilities entirely from such street, alley, highway or other public place. The Town shall not require the Telephone Company to conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the Town, to use or to use with greater convenience said street, alley, highway or public place, unless and until such other corporation or person shall have undertaken, with solvent bond, to reimburse the Telephone Company for any loss and expense which may be caused by, or arise out of such change, alteration or relocation of the Telephone Company's property; provided however, that the Town shall never be liable for such reimbursement. (d) Any person desiring to use any public street, avenue, alley, way, ground, or place in the Town for the moving of a house or building or other bulky structure or for any other purpose which requires the temporary removal , raising, or lowering of any pole, wire, line, or other plant construction, fixture, appurtenance or property which the Telephone Company constructed, erected, installed, or maintained or used, under the terms hereof shall before doing so obtain a permit for such use from the Town Council of the Town, which permit shall be granted only upon such person's depositing with the Telephone Company a sufficient amount of money to cover the cost to the Telephone Company of said temporary removal , raising or lowering of any poles, wires, lines, plant construction, fixtures, appurtenances, or other property required to permit such use. Such person shall further be required to give the Telephone Company not less than seventy-two hours written notice in advance of the commencement of such use, so that the Telephone Company will be able to arrange for such temporary removal , raising, or lowering of said 3 poles, wires, lines, plant construction, fixtures, appurtenances, or other property. Nothing in this provision shall under any circumstances impose any liability on the Town with respect to any loss, damage, or expense occasioned by such use by any such person. Section 5. Indemnity. During the period that this ordinance and the franchise herein granted remain in force and effect, the Telephone Company shall indemnify and hold harmless the Town from and against all damages to any person or property through any unlawful or negligent act or ommission of the Telephone Company in its occupancy of the public streets, avenues, alleys, ways, grounds, and places of the Town under the terms hereof; provided, however, that the Town shall give written notice to the Telephone Company within forty-eight (48) hours of any claim made known in writing and delivered to the Town and asserting a right to damages against the Town by reason of any act or omission of the Telephone Company in the exercise of the rights herein granted, whether or not legal action with respect thereto has been commenced, and the Telephone Company shall be entitled to control jointly with the Town the conduct and settlement of any litigation and any negotiations had or conducted with respect to any such claim, and the Telephone Company shall have no liability under this section unless the Town shall have promptly given to the Telephone Company the notiice herein provided and allowed the Telephone Company jointly to control the conduct of such litigation, settlement and negotiations, and each of same. The Town shall cooperate in good faith with the Telephone Company to avoid and minimize the amount of each such claim. Section 6. Tree Trimming. 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 Town, so as to prevent the branches of such trees from coming into contact with the wires or cables of the Telephone Company, and when so ordered by the Town, said trimming shall be done under the supervision and direction of the Town Council , or of any Town official to whom said duties have been or may be delegated. Section 7. Compensation. In consideration of the said use of said public streets, avenues, alleys, ways, grounds, and places, and as the cash consideration for the agreements herein contained, the Telephone Company shall pay annually to the Town, on or before March 1 each year, an amount equal to two percent (2%) of the annual gross receipts received by the Telephone 4 Company for local exchange telephone service provided within the corporate limits of the Town during the preceding calendar year (not to include, however, any receipts from installation, move or change charges) . The Town agrees that the payment provided in this section to be made by the Telephone Company shall be paid and received in lieu of any tax, license, charge, fee, street, or alley rental or other character or charge for use and occupancy of the streets, avenues, alleys, ways, grounds, and places of the Town in lieu of any pole tax or charge, 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 other imposition; provided, however, that nothing herein shall limit the right of the Town to impose any lawful general ad valorem taxes now or hereafter levied. Such payment shall be made upon the basis of certified statement to be furnished the Town by Gulf States- United Telephone Company showing the gross receipts as above defined during the calendar year. Section 8 . Term. This ordinance and the franchise herein granted shall be and remain in full force and effect for a period of twenty-five (25) years from the effective date thereof, and ending twenty-five (25) years after such date. Section 9 . Binding Effect. The rights, powers, limitations, duties, and restrictions herein provided for shall inure to the benefit of and be binding upon the Town and the Telephone Company and their respective successors and assigns. Section 10. Partial Invalidity. If any section, sentence, clause, or phrase of this ordinance and franchise is for any reason held to be illegal, ultravires or unconstitutional , such invalidity shall not affect the validity of the remaining portions thereof. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 11. Effective Date. In accordance with Section 2 of Article X of the Charter of the City of Stephenville, this ordinance shall not become effective until it has been read at three separate regular meetings of the City Council and it shall not be finally passed until thirty (30) days after the first reading and it shall not take effect until thirty (30) days after 5 its final passing, and pending its final passage the full text of such ordinance shall be published once each week for four con- secutive weeks in a newspaper of general circulation in the City of Stephenville and the expense of such publication shall be borne by Gulf States-United Telephone Company. The above and foregoing ordinance was read at a regular meeting of the City Council of the City of Stephenville held on the 4th day of August, 1981 . The above and foregoing ordinance was read at a regular meeting of the City Council of the City of Stephenville held on the 1st day of September, 1981 . The above and foregoing ordinance was read at a regular meeting of the City Council of the City of Stephenville held on the 6th day of October, 1981. FINALLY PASSED AND APPROVED this 6th day of October , 1981. vfit r Ma r, Town of Stephenville, exas ATTEST: S -j?te le L.-, /224-Ict ecretary, Town of Stephenville, Texas The full text of the above ordinance was published in the Stephenville Empire-Tribune for four consecutive weeks in the issues of August 9th , August 16th, August 23rd and August 30th of the year 1981 . To certify which witness my hand and seal of office this 7th day of October , 1981 . Zie-C ity Secretary 6 THE STATE OF TEXAS COUNTY OF ERATH BEFORE ME, the undersigned authority, on this day personally appeared Joe F. Cummings , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the City Secretary of the City of Stephenville, Texas, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 7th day of October , 1981. yfreAak .6/440 NOTARY PUBLIC, ERATH COUNTY, TEXAS (SEAL) 8 The above and foregoing, I certify is a true copy of the original acceptance of the GULF STATES-UNITED TELEPHONE COMPANY, filed in my office in the City of Stephenville, Texas, this the 22nd day of July A.D. 1981. /7: 2 eA_.) y Se etary of the City of Stephenville, Texas (S E A L) I , Joyce Pemberton , City Secretary of the City of Stephenville, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of Stephenville, Texas on the 6th day of October , 1981 , granting to the GULF STATES-UNITED TELEPHONE COMPANY, its successors and assigns, a franchise to construct, extend, maintain and operate the Telephone Company in the City of Stephenville, Texas, which ordinance is recorded in Volume L , Page of • the Minutes of the City Council of the City of Stephenville, Texas, and also a true copy of the acceptance of said franchise ordinance as executed by the GULF STATES-UNITED TELEPHONE COMPANY, which acceptance is on file in my office, having been filed on the 22nd day of • July , 1981 , and is on record in Volume L , Page of the Minutes of the City Council of the City of Stephenville, Texas. IN TESTIMONY whereof, I have signed and sealed this certificate with the corporate seal of the City of Stephenville, Texas, this, the 7th day of October A.D. 1981. ity ecretary of the City of Stephenville, Texas (S E A L) 9