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Home My WebLink AboutO-1952-419 "- .. --..... e e '.....-..... .e '. .. o. ~ . " ORDINAnCE lifO. 419 AN OHDINANCE l:1HEREBY THE CITY OF LA PORTE , TEXAS, Al'ID . THE SOUTH'.J:~ST:2RN BELL T:8LEPHONE COf1P,ANY AGREZ THAT THE TELE- PHO~TE CO~1PANY SHALL CONTnmE TO ERECT AND r1AINTAIN ITS POLES, l'II~ES, ANCHORS, CABLES, HANHOLES, CONDUITS, l\l',m O'.I'HJ:R PLANT CONST1UCTION AND APPU1TENAUCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDJ:R ALL PUBLIC STTIE::TS, AVENUE!3, ALLEYS, PUBLIC G~OUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS ArTD 1EST~ICTIONS AND THAT THE CITY SHALL ~ECEIVE AN ANNUAL PJ'_YlnNT AND THE RIGI-IT TO USE CE-~TAIN FACILITIES OF '1:'HE TELE- PHO~ COHPANY, ALL AS HEREIN P~OVIDED: Jt HHE1EAS, the Southwestern Bell Telephone Company, hereinafter referred to as the "Telephone Company", is now and has been enga~ed in the telephone business in the State of Texas, and in furtherance thereof, has erected and main- 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 such rights as have been 0ranted it by and under the la,l""s of the State of Texas, and subject to the exercise of such reasonable rights of regula- tion under the police power as have been also lawfully grant- ed by and und~r said laws to said City; and ;... HHEREl\.S, it is to the mutual ad'Tontage of both the City and the Telephone Company that an agreement should be entered into between the Telephone Company and the City estab- liShing the conditions under which the Telephone Company shall opera,te in the City. Nm.!, THE':1EFOl1E, BE IT O~DAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1- CONST'IDCTION 'AND MAI~ITENANCE OF T::O:LEPHOl'TE PLANT f'.ND S~'RVI CE The poteet; wires~-ancE.ors; ..cables manholes; conduits and other plant construction and appurtenances, used in or in- cident to the gi'7ing of telephone service and to the main- tenance of a telephone business and system by the Telephone Company in the City, shall remain as now constructed, sub- ject to such chanGes as under the limitation and conditions herein prescribed may be considered necessary by the City in the exercise of its lawful pOi-lerS and by the Telephone Company in the exercise of its business of furnishin3 tele- phone ser,Tice; and the Telephone Company shall continue to exercise its l"i~"ht to place, remove, construct and recon- structl extend and maintain its said ~lant and appurtenances. as the business and purposes for which it is or TIlay be in- corporated may from time to time require alonr" across, on, ... ", . . e over; through" above" and under all the public streets" ave- nues" alleys and public grounds and places within the pre- sent limits of the City and within said limits as the same from time to time may be extended" subject to the regula- tions" limitations and conditions herein prescribed. -. --'.... S:3CTION 2 - SUPERVISION BY CITY OF LOCATION OF POLES AND CON- DUIT - --.. All poles to be placed shall be of sound material and reason- ably strairftt" and shall be so set that they will not inter- fere v.Ti th the flow of water in any gutter of drain, and so that the same will interfere as little as practicable with the ordinary travel" on the street or sidewalk. ~Le location and route of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed by the 'relephone 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 CompanJ'- wi thin the limits of the Ci t)T under this ordinance; shall be subject to the reasonable and pro- per regulation" control and direction of the CITY COMMISSION or of any City official to whom such ~lties have been 01"1 may be delegated. - SECTION 3 - STREETS TO BE ~STORED TO GOOD CONDITION The surface of any street, alley, highway, or public place disturbed by the Telephone Company in buildiTI8, constructing, renewing or maintaining its telephone plant and ~stem &lall be restored within a reasonable time after the completion of the lITork to as good a condi tion as before the corn..memcement of lvork and maintained to the satisfaction of the CITY COMMISSION or of any City official to whom such duties have been or may be delegated" for one y~ar from the date the sur- face of said street, alley, highway, or public place is bro- ken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the City. No street, alley, hir,hway or public place shall be encu.mbered for a lonGer period than shall be neces- sary t,o, execute ,the .work. _. S~CTION 4 - OPETh\TION AND MAINTENANCE OF TEL~PHONE PLANT ,....-----....... e The Telephone Company shall maintain its system in reasonable operating condi tioIl at all normal times during the continuance of this agreement. An exception to this condition is auto- matically in effect. Hhen service fl.lr'nished by the Telephone Company'is interrupted, impaired, or prevented by fires, strikes, riots, or other occurrences beyond the control of tho Telephone Company, or by stOri;lS, floods or other casual- ties, in any of which events the Telephone Company shall do all things, reasonably within its power, to do, to restore normal service. - 2 - " ..<-'. r . ,~. . SECTION 5 - TEMPORARY REMOVAL OF WIRES ..-- e The Telephone Company on the' request of a.ny person shall re- move or raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such tempora~J removal, raising or lowering of wires shall be paid by the ben~fited party or parties, and the Telephone Company may require such pa~ent in ad~7ance. The Telephone Company shall be given not less than forty-ei.?'...ht hours ad- vance notice to arrange for.~uch temporary wire changes. SBCTION 6 TR'l:E TRH'lMING . --..., The right, license, privilege and permission is hereby r;ranted to the Telephone Company, its successors and assigns, to trim treo s upon and 0~7e!'hanging the streets, alleys, sidewal!~s and public pla.ces of the City, ~o as to prevent the branchos 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 Commission or of any City officials to whom sa.id duties have been or m.ay be deleo;ated. e SECTION 7 - ANNUAL CASH CONSIDER.r~TIOlT TO BE PAID BY THE TELEPHONE 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 componsate the City for its superintendance 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 the agreement a sum of money equal to two per cent (2 %) of the annual g~oss receipts for the preceding ,year received by the Company from the rendition of local ex- chane:e telephone transmission serv:l.ce wi thin the corpora te limits of the City~ The first payment hereunder shall be made APril 1 , 1953 , and shall equal in amount twoper cent (2 /&) of the gross receipts received from January 1 , 195 , toDecember 31 , 1952 ': and thereafter payment shall be made annually on April 1 as horein provided. S11:CTION 8 - PAY11EN'l' OF CASH CONSIDli.:l1ATION TO DE IN LIEU OF ANY OTHE~ PA~NTS EXC~PT USUAL GEN~RAL O~ SPECIAL ,AD VALOREr1 TAX::S . t/ The City agrees that the consideration set forth in the preced- ing 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 end occupancy of the streets, alleys and public places of the City; in lieu of any pole tax or in- spection fee tax; in lieu of any easement or franchise tax, whether levied as an ad valorem, special or other character of - 3 - i ....-....... e' ,.------. e --. " e . . 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 foreBoing cash consideration' shall be in lieu of the taxes, licenses, charges, fees, rentalsl and easement or franchise taxes aforesaid, then the Ctty a~rees 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 suqh taxes, licenses, char~esl fees, rentalsl Dnd easement or fr'anchise taxes. SSC~IOH 9 - FACILITIES TO BE FU:1NISHED CITY AS ADDITIONAL CONSID;:';;:1ATION . In addition to the consideration set forth in Section 7, the Telephone Company shall hold itself ready to furnish, subjoct 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 system: provided that the required wire space shall not exceed the wire capacity of one cro ss arm on anyone pole. The Jocation on the poles of this fire and police wire space shall ,be determined on specific ap- plications for space, at the time the applications are received from the City, and will be allotted in accordance with the considerations for electrical construction of the United States Department of Co~nerce, Bureau of Standardso In its wire con- struction on the Telephone Company's poles, the City will fol- low the sur.;gcstions and requirements laid down for wire con- struction in the Rules and Regulations of the Bureau of Stand- ards of the United Statos Department of Commerce. .~~ere cond- uits are laid or are constructed by the Telepnone Company, said company shall hold itself ready to furnish sufficient duct space not to exceed capacity of one duct for use by the City in carryin~ its police and fire alarm wireso All such wires, iv-hether on poles or in conduits, shall be constructed, main- tained and operated in such manner as not to interfere with nor create undue ha.zard in the operation of tho telephone system of the Tele~hone Company. It is further agroed that the Tele- phone Company shall not be responsible to any party or parties whatsoever for -any claims, demands, losses, suits, judgments for' damages or injuries to persons or proporty by reason of the construction, maintenance, inspec,tion or use of the police and rire" alarm wires belo~ging to the City, and the City Shall in- sure, indemnify and hold the Telephone Company harmless a3ainst all such claims, losses, demands, suits and ,judg:ments. S~CTION 10 - ATTACHM~nTS ON POLES AND SPACE IN DUCTS NOT HER~ ^FFECTED Hothing in this ordinance contained shall be construed to re- quire or permit any electric liGht or power wire attachments by the City or for tho City, nor to require or permit any electric . light or power wires to be placed in any rnlct used by the City in the Telephone Company's conduits. If li2~t or power - 4 - . . . 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 further separate non-contingent agreement shall be prerequisite to such attachments or such use of ~ duct used by the City. Nothing, herein contained shall obligate or restrict the Tele- phone Company in exercising its right voluntarily to enter into pole attaOhment, pole usage, joint ownership, and other wire space and facilities agreements with light and power companies and va. th other wire using companies which may be privileged to operate within the City. SECTION 11 - PERIOD OF TIY~ OF THIS ORDINANCE - TEBlliiINATION This agreement shall be in full force and effect for the period be- ginning with the effective-date hereof and ending five years after January 1, 1952. S~TION 12 - NO E:x:CLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE ",--..- Nothing herein contained shall be construed as giving to the Tele- phone Company any exclusive privilege. . SECTION 13 - SUCCESSORS AND ASSIGNS The rights, powers, limitations, duties and restrictions herein pro- vided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. S~TION 14 - PARTIAL INVALIDITY AND REPEAL PROVISIONS If any section, sentence, clause or phrase of this ordinance is for ~ 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 ordin- ances and agreements in conflict herewith are hereby repealed. e' SECTION 15 - ACCEPTANCE--Qf AGREEMENT The Telephone Company shall have sixty (60) days from and after the passage and approval of this ordinance 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 passage and approval by the Mayor and shall effectuate and make binding the agreement provided by the terms hereof. ...--........ SECTION 16 - PASSAGE AND EFFECTIVE DATE That this ordinance shall not be passed on final reading until thirty (0) days after first reading and shall not take effect until sixty (60)days after such final reading; that the City Clerk is hereby auth- orized and directed to publish the caption of said ordinance once a week for four (4) consecutive weeks in the official newspaper. of the City of LaPorte, Texas, prior to final passage, the expense of such -5- .~.,- --.., . . .--- e e .. ,;, ! II . ./ publication to be paid by Telephone Company. Passed on first reading on this the A. D. 1952 by a vote of :3 . ayes and 0 :3rd day of noes. January , 1952 Pu.b1ished by caption in the official newspaper of the City of LaPorte, Texas on the 8th day of Feb. , 1952, the 15th day of Feb. , 1952, the 2200 day or Feb. , 1952 and the .29th day of Feb. " 1952. Passed on final reading on the A.D. 1952 by a vote of ayes and day of noes. , Approved by the Mayor and attested by the City Clerk on the day of , A.D. 1952, to be effective sixty (60) days from and after final passage. City of LaPorte, Attest: ~f. -6-