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HomeMy WebLinkAboutO-1952-419-A ," .' . e e .r: .. . ORDINANCE NO. lM-\\ . ~ AN ORDINANCE WHEREBY THE CITY OF LA PORTE , TEXAS, AND THE SOUTHWESTERN BELL TEL~PHONE COMPANY AGREE THAT THE TELE- PHONE Cm~PANY SHALL CONTINUE TO ERECT AND P,1AINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UND3R ALL PUBLIC STR~STS, AV~NUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UND~R REGULATIONS AND RES'IRICTIONS AND THAT THB CITY SHALL R"SCEIVE AN ANNUAL PAYMENT AND 'IRE RIGHT 'lO USE CERTAIN FACILITIES OF THE TELE- PHONE Cm.1PANY, ALL AS HSREIN PROVIDED: \ '" WHEREAS, the Southwestern Bell Telephone Company, hereinafter referred to as the "Telephone company", is nO\y and has been engaged 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 IICityll, for many years pursuant to such rights as have been granted it by and under the laws 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 under said laws to said City; and WHEREAS, it is to the mutual advantage 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 operate in the aity. NOW, THEHEFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE TEXAS, THA T: SECTION 1- CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SER VI CE The poles, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances, used in or in- cident to the giving 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 powers and by the Telephone Company in the exercise of its business of furnishing tele- phone service; and the Telephone Company shall continue to exercise its right to place, remove, construct and recon- struct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be in- corporated may from time to time reqUire along, across, on, -, 'e 4'- 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 with~n said limits as the same from time to time may be extended, subject to the regula- tions, limitations and conditions herein prescribed. SECTION 2 - SUPERVISION BY CITY OF LOCATION OF POLES AND CON- DUIT All poles to be placed shall be of sound material and reason- ably straight, and shall be so set that they will not inter- fere with the flow of water in any gutter o~ drain, and so tha t the same will interfere as Ii ttle as practi,cable wi th the ordinary travel, on the street or sidewalk. The location and route of all poles, stubs, guys, anchors, conduits 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 ord- inance, shall be subject to the reasonable and proper regula- tion, control and direction of the CITY COMMISSION or of any city official to whom such duties have been or may be delegated. SECTION 3 - S'lREETS 'ID BE RESTORED TO GOOD CONDI TION 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 shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of work and maintained to the satisfaction of the CITY COMMISSION or of any City official to whom such duties nave oeen or may be delegated, for one year from the date the surface of said street, alley, highway, or public place is broken for such con- struction or maintenance work, after which time responsibility 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 4 - OPERATION AND MAINTENANCE OF TELEPHONE PLANT The Telephone Company shall maintain its system in reasonable operating condition at all normal times during the continuance of this agreement. An exception to this condition is auto- matically 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 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 - '. e " .~ .. . . SECTION 5 - ~~PORARY REMOVAL OF WIRES The Telephone Company on the request of any 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 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 wire changes. 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 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 direc- tion of the City Commission or of any City officials to whom said duties have been or may be delegated. SECTION 7 - ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COUP ANY 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 for its superintendance of this agreement, and as the cash consideration for the same, the Telephone Oompany 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 gross receipts for the preceding year received by the Company from the rendition of local ex- change telephone transmission service within the corporate 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 , 1952 , to December 31, 195 2: and thereafter payment shall be made annually on April 1 as herein provided. SECTION 8 - PAYMENT OF CASH CONSIDERATION '10 BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREr~ TAXES 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 and 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 - ~ - ~..., .. .... 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 foregoing 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, rentalsj and easement or franchise taxe s . SECTION 9 - FAOILITIES TO BE FURNISHED CI T\.! AS ADDITIONAL CONSIDERA TION 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 requ~red from time to time by the City upon the poles now owned or here- after erected by the Telephone Company in the Oi ty 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 cross arm on anyone pole. The location 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 Commerce, Bureau of Standards. In its wire con- struction on the Telephone Company's poles, the City will fol- low the suggestions and requirements laid down for wire con- struction in the RUles and Regulations of the Bureau of Stand- ards of the United States Department of Commerce. ~fuere cond- uits 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 in carrying its police and fire alarm wires. All such wires, whether on poles or in conduits, shall be constructed, main- tained and operated in such manner as not to interfere with nor create undue hazard in the operation of the telephone system of the Telephone Company. It is further agreed 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 property by reason of the construction, maintenance, inspection or use of the police and fire alarm wires belonging to the City, and the City shall in- sure, indemnify and hold the Telephone Company harmless against all such claims, losses, demands, suits and judgments. SECTION 10 - ATTACHMENTS ON POLES AND SPACE IN DUCTS NOT HERE AFFECTED 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 - 4 - e . ...-..... _. - . e 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 agree- ment shall be prerequisite to such attachments 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 ownership, and other wire space and facilities agreements with light and power companies and with other wire using companies which may be privileged to operate within the City. SECTION 11 - PERIOD OF TIME: OF THIS ORDINANCE - TERMINATION "' This agreement shall be in full force and effect for the period beginning with the effective date hereof and ending Five years' after January 1, 19,2, provided that at the end of the expira- tion of the initial period, such term shall be automatically,re- newed forthwith for successive periods of five years, conditioned, however, that if during the last four months of the initial period or of any successive, year period, not less than ninety days' prior written notice shall be given either to the Telephone Com- pany by the City or to the City by the Telephone Company, setting forth the desire of the giver of such notice to terminate this agreement, then in such case this agreement shall terminate at the expiration of the then current period. Provided, further, that the Telephone Company must notify the city of La Porte by a letter to the City Clerk between 150 days and 120 days prior to the expiration of each five year period of this agreement advising the City that this agreement will be renewed for an additional five year period unless notice of desire to cancel is given by the City as provided in this agreement; should the Telephone Company not inform the City of the option, this agreement shall terminate at the end of the then current periOd. SECTION 12 - NO EXCLUSIVE 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 provided for shall inure to and be binding upon the parties here- to and upon their respective successors and assigns. SECTION 1.... - PARTIAL INVALIDITY AND REPEAL PROVISIONS If an~ 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 por- tions of this ordinance. All ordinances and agreements and parts or ordinances and agreements in conflict herewith are hereby repealed. - , - ~ .. "'...----........... 4ti e .......--. ,e . SECTION 15' - ACCEPtNCE OF AGREEMENT The Telephone Company shall have s,1xty (60) days from and after the pa'ssage and approval of this ordinance to file its written acceptance thereof with the City Secretary, and upon such accep- tance being filed ,this ordinance shall taKe effect and be in force from and afier the date of its passage and approval by the Mayor and shall effectuate and make binding the agreement pro- vided by the terms hereof. SECTION 16 - PASS.AGE AND EFFECTIVE D.ATE . , That this ordinance shall not be passed on final reading until thirty (30) da'ys after first reading and shall not take effect until sixty ($0) days a~ter such final reading. 'that the City Clerk is hereby authorized and directed to publish the caption of said ordinance once a week for four (~) consecutive weeks in the official newspaper of the City of La Porte, Texas, prior to final passage, the expense of such publication to be paid by Telephone Company. Passed on first reading on this the 3rd day of Januaxy , .A.D. 195'2 by a vote of '3 ayes and o noes. Published by caption in the official newspaper Ci ty of La Porte, Texas on the 8th day of Jreb. the 15th day of 'Feb. , 1952, the 2200 day of 195'2 and the 29th day of Feb.. , 1952. Passed on final reading on the 4tB April .,'. , A.D. 195'2 by a vote of 3 o noes. of the , 195'2, Feb. , day of ayes and Approved by the Mayor and attested by the City Clerk on the 4th day of April, A.D. 195'2, to be effective sixty (60) days from and after final passage. ' Y of LaPorte, - - J~ ttest I ~~.t~~ - 6 - '0 ;- \ . . l" .- , "~ ACCEPTANCE --'. .. WHEREAS, THE CITY C€)'MMISSION of the Ci t,. ot La porte, Texas, did on the 4th da,. of April, 1952, enact an ordinance entitled: "AN ORDINANCE WHEREBY THE CITY OF LA PORTE, TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POl.IfaES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES, ALONG, ACROSS, ON, OVER THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, A VENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALl.. RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PRO- VIDED: rr and ,,--- e\ WHEREAS, said ordinance was on the 4th day ot April, 1952, .:lul,. approved b,. the Ma,.or ot said Ci t,. and the Seal of said Ci tJ' 1l1aS thereto affixed and attested b,. the Ci t,. Cle rk: NOW, THEREFORE, in compliance with the ter.ms of said ()rdinance as enacted, approved and attested, the Southwestern l~ell Telephone Company hereby accepts said ordinance and files 1;h1s its written acceptance with the City Clerk ot the City ot I~a porte, Texas in his office. Dated this 6th day ot May , 1952. ~.k A~~~e ' ...,. , ..- ' ,~ ' 'J ~ /:, ' t:?'C ,.' ,'- ~ ASs'" SecretarJ' , -. I Acceptance filed in the v City ot La Porte, Texas, this SOUTHWESTERN BELL TELEPHONE CO B7 ~~ office ot the City Clerk of the day of , 1952. City Clerk. 830.01 - La porte~ ''J'' . . July 25, 1986 Mr. Jack Owens, City Manager City of La Porte P.O. Box 1115 ,La Porte, Texas 77571 Dear Mr. Owens: Section 11 of Ordinance Number 419-A specifies that we notify you prior to the expiration of each five year period if we wish to continue that agreement for another five years. The Current period ends January ~, 1987. This letter is to express our desire that the ordinance continue in effect for another five year period. Yours truly, ~JLD~ 0.. ~ Ar~:nager Marketing Operations