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Home My WebLink AboutO-1941-293 The poles, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances, used 1n or incident to the gIving of telephone service and to the maintenance of a telephone business and system by tne Telephone Company in the City, shall remain as now constructed, subject to such changes as under the limitations and conditions herein 'Prescribed may be considered necessary by the City in the exercise of its lawful powers and by the Telephone Comps.ny in the exercise of its business of furnishing telephone service; ,~/' AN O.hDINANCE VlHERBBY THE CITY OF LA PORTE, TE..XAS, AND THE SOUTID~~STERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE CO~PANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, ~IRES, ANCHORS, CABLES, MA~mOLES, CONDUITS, AND OTHER PLANT CONSTRUC- TION AND APPURTENANCES ALONG, ACROfiS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS , AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND TliAT THE CITY SBALL RECEIVE AN ANNUAL PAY..xIENT A.lIl"D THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPAllY, ALL AS HEREIN PROVIDED: WHEREAS, the Southwestern Bell Telephone Company, hereinafter referred to as the "Telephone Company, II is nov,T and h~s been engaged in the telephone business in the State of Texas, and in furtherance thereof, has erected and uain- tained certain items of its plant construction in the City of La Porte, Texas, hereinafter referred to as the "City," for many years pursuant to su.ch rights as have been gra,nted it by and under the laws of the State of Texas, and subject to the exercise of sucn reasonable rights of regulation under the police power as have been also lawfully granted by and ~' under said l~ws to said City; &nd W~qEAS, it is to the mutual advantage of both the City and the Tele)hone Company that an agreement should be entered into between the Telephone Company and tne City es- tablishing the conditions under which the Telephone Company shall operate in the Cit,y. NOW, THEREFORE, BE IT ORDAINI::D BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: SECTION 1 - CONSTRUCTION AND MAINTENANCE OF TELEP~ONE PLANT AND SERVICE. ORDINANCE NO. 223. , e - . .. .... . ~t ...,...-.:...- I '.. The surface of any street, alley, highway, or public place disturbed by the Telephone Company in bUilding, constructing, renewing or maintaining its telephone plant and system saall be restored within a reasona,ble time after tae 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 ti~e res,onsi- bility for the maintenance shall become the duty of the City. No street, alley, highway or publiC place shall be encumbered for a longer period than shall be necessary to execute the work. SECTION 3 - STREETS TO BE RESTORED TO GOODCO~ITIQN. All poles to be placed shall be of sound material and rea- sonably 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 lo- cation and route of all poles, stubs, guys, anchors, con- duits 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 2 - SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT. and the Telephone Company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the busi- ness and purposes for which it is or may be incorporated may from time to time require along, across, on, over, through, above, and under all the public streets, avenues, alleys, and publiC grounds and places within the present limits of t~e City a,nd within said limits as the same from time to time may be extended, subject to the regulations, lilnitations and conditions herein prescribed. -2- . e , '1 .' j The right, license, privilege and permission 1s 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 tae 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 direc- tion of the City Councilor of any City official to whom said duties have been or may be delegated. SECTION 7 - ANNUAL CASH CONSIDERATION TO BE PAID EX_THE TELE- PHONE COMPANY. To indemnify the City for any and all possible damages to its streets, alleys, and public grounds which may result from the placing and maintenance therein or thereon of the Telephone Company's poles, conduits, or other telephone equipment or apparatus, and to compensate the City tor its superintendence of this agreement, and as the cash consideration for the same, SECTION 5 - TEMPORARY REMOVAL OF WIRES~ The Telephone Company on the request of any per,son shall re- move or raise or lower its wires 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 payment in advance. The Telephone Company shall be given not less than forty-eight hours ad- vance notice to arrange for such temporary '~ire caanges. SECTION 6 - TREE TRIMMING. The Telephone Company shall maintain its system in reason- able operating condition at all normal times during the continuance of this agreement. An exception to this con- dition is automatically in effect when service fu~n1shed by the Telephone Company is interrupted, impaired, or pre- vented 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 4 - OPERATION AND MAINTENANCE OF TELEPHONE PLANT. -3- . . ~ SECTION 9 _ FACILITIES TO BE FURNISHED CITY AS ADDITlONAL CONSIDERATION. In addition to the consideration set forth ,in Section 7, the Telephone Company shall hold itself ready to furnish, subject to the use of the ,City, such wire space as may be required from time to time by the City upon the poles now owned or here- after erected by the Telephone Company in the City for the use of the City'S police and fire alarm syste~; provided that the required wire space shall not exceed the wire capacity 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 other character of charge for use and occupancy of the streets, alleys and public places of the City; in lieu of any pole tax or inspection fee tax; 1n lieu of 'any easement or franchise tax, whether levied as an ad valore~, 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 foregoing cash con- sideration 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 pay- ment as may be necessary to the satisfaction of the Tele- phone Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. the Telephone Company agrees to pay to the C1tyannually during the continuance of the agreement a sum of money equal to two per cent (~) of the annual gross receipts for the preceding year received by the Company from the rendition of local exchange telephone transmission service within the corporate limits of the City. The first payment hereunder shall be made April 1st, 1942, and shall equal in amount two per cent (2%) of the gross receipts received from January 1st, 1941, to Decernber 31st, 1941jsnd there- after payment shall be made annually on April lst as here- in provided. SEC~ION 8 _ PAr~NT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENEEAL OR SPECIAL AD VALOREM TAXE~. ' -4- , e . Nothing in this ordinance contained shall be construed to re- quire or permit any electric light or power wire attachments by the City or for the City, nor to require or permit any electric light or power wires to be placed in any duct used by the City in the Telephone Company's conduits. If light or power attachments are desired by the City or for the City, or if the City desires to place electric light or power wires in any duct used by the City, then a f~ther separate non- contingent agreement shall be a prerequisite to such attach- ments or such use of any duct used by the City. Nothing herein contained shall obligate or restrict the Telephone Company in exercising its right voluntarily to enter into pole attachment, pOle usage, joint o~~ers~ip, and other wire space and facilities agreements with light and powercom,anies and with other wire USing companies which may be privileged to operate within the City. SECTION 10 - ATTACHMENTS ON POLES AND SPACE IN DUCTS NOTaERE -, AFFECTED. . ---- . of one cross arm on anyone pole. The location on the poles of this fire and police wire space shall be determined on specific applications for space, at the time the applications are received from the City, and will be allott~d in accordance with the considerations for electrical construetion of the United States Department of Commerce, Bureau of Standards. In its wire construction on the Telephone Companyts poles, the City will follow the suggestions and requi;rements laid down for wire construction in the Rules and, Regulations of the Bureau of Standards of the United States Department of Com- merce. Where conduits are laid or are constructed, by the Telephone Company; said company shall hold itself ready to furnish sufficient duct space not to exceed capacity of one duct for use by the City ~n carrying its police and fire alarm wires. All such wires, whether on poles o~ in conduits, shall be constructed, maintained, and operated in such manner as not to interfere with nor create ul1due hazard in the opera- tion of the telephone system of the Telephone Company. It is further agreed that the Telephone Company shall not be respon- sible to any party or parties whatsoever for any claims, de- mands, losses, suits judgments for Qamages or injuries to persons or property by reason of the construction, maintenance, inspection, or use of the police and fire alarm wires belong- ing to the City, and the City shall insure, indemni,fy 8.nd hold the Telephone Company harmless against all such claims, losses, demands, suits, and judgments. . -50. . -. The Telephone Company shall have"' "b:ty,~ l6:a~:, days from and after the passage and approval of this ordinance to file its written acceptance thereof with the City Secretary, and upon SECTION l4 - PARTIAL INVALIDITY AND REPEAL PROVISIONS. If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or uncon- stitutional, such invalidity shall not affect the validity of the remaining portions of this ordinance. All ordinanoes and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed. SECTION 15 - ACCEPTANCE OF AGREEMENT. SECTIQ~ - SUCCESSORS AND ASSIGNS. The rights, powers, limitations, duties and restrictions here- in provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. Nothing herein contained shall be construed,as giving to the Tele~hone Company any exclusive privilege. SECTION II - PERIOD OF TIME OF THIS ORDINANCE ~ T~~INATION. This agreement shall be in full force and effect for the period beginning with the effective date hereOf and ending five years after December 31, 1941Jlf ,p~eQ--&Aa4;--&i;,:~..eM ~_-eK~a~-o-l1-~ "'Ae-~t-i"'2:'J:-per1:od;-'"I!nci--'"O,:.f-.""aCh- s'tlC"eeed'L- -J..Dg-..f'iie-.;~:c-.pe;c1Qd.~om...a..QQ...-&:etR-~~N"':;3.],,.-.w41, -o&Q8a- -~p....&ftalo:l- -ft--1!tU'le~es~-i7-r enewed--:f~~:f:t+r-ror-"S'l7eee'S'Si:Ye"" .. ~pt.oo.a.-ef --:f.i1(-e--:re~:f!''M!'-aftd--a.ft~ ~eeembe'l'"'~! ~ "-%9~1 j--bttt-- --GQ~Red-,.-k-&weye!'-,--~~-i:f;--d:l1l"i._ng_-the- -J:sn-fOtl1"'"-monttrs- -.o;t-~...j.~1-:..pe.pi.oo.-8P...o-Jo.~ -Sti:OO&Ss,t.w--jt6!I-~e8.')...-ftet;--l-e-ss- -..thaD...n1.ne~_~~.o+-..Q.q.s.-p'P~..w~~"~-G9:&il.o&-il*Jrl:-&e--g.i1feD- -.a;Ltb.8.l:.,-to...tha..~.e.le~"~lJa~-9y::~,~~-,&y-.ap.-i;e....rtJhe-Bt~,.- -.b.Jt-t.l::w.-~&J..e.pAg.ne...co~.,--s.et~-€~1;a:~_:-6e&:i:!'e--Go~,-the--- --~"Jetr-.o.$.-~-~i:ee-4;e-t-&PiBifl&l&e-~-f1~~i-"bhe-B; --i'ft- such case-all rights, licenses, privileges and obl'!1.g.a~ions -~e~~A.~-.&<rRtl'.ao-i;ee.--t'-ep--&h:ali--1;ePlJloloft(ti5e--e-1;.- tfle--e~...~- -.:t;I.au...at;.-tQ.e..-t.R.en. ..Q.\iFi",e&1;.. i>6iI'i: eQ.,.-- SECTION l2 - NO EXCLUSIVE PRIVILEGES CONFERRED BY TaIS ORDINANCE. I -6- . e i . ".. - ~, ~ r' a-:k ,)J(J)-/-~j- Ci ty Secretary _' Attest: 1....,' c.. "- ,/ L// \ /.' /'"j./Ctll ve;./, >d Acc.--;' /~ , .' Mayor , A.D. 1941 day of Ootob~T Approved this 27~h such acceptance being filed, this ordinance shall take effect and be in force from and after the date of itsPQssage and approval by the Mayor and shall effectuate and make binding the agreement provided by the terms hereof. -7- , . ;' r.,. ,'" ...f' " t