Loading...
O13 (2)SOUTFMESTERN BILL TELEPHONE COL '.ZANY 7115 Throc' Orton St., Fort Uo :th 2., Texas Telephone .2-8.211 Aoril 1, 1948 lair. E. R. Bishop Attorney -at -Law 210 James Builning Fort North, Texas Dear Mr. Bishop: In a.ccordPrce with out conversation, attached are four copies of a. pro- po,sc-d di_ na?ce for the To uu of Kennedale. Bhould you have any cuestions regarding it, I will be glad to discuss therms with you or other town officials. .Shoal you desire to enact it, please return two copies executed in ac- cordance With -cage 6. In addition, we would like to receive the usual certification on page 6 by the city secretary which ordinarily reads as follows: I, , City Secretary of the City of Kennedale, Texas, do hereby certify that the above and foregoing is a trice and correct copy of Ordinance No. 7, duly presented and adopted at a regular meeting of the Board of Aldermen on the 10 day of June, 1948, as same appears in the minutes of said meeting. UiTNESSr.Y ivD AND SET OF 0n'ICE, tili s the 10 day of June, 1948. City: Secretary I will then pass therm to the proper official of our company who has authority to sign the acceptance. Yours very truly, (Signed) W. D. Brown District Manager ORDINANCE NO. AN O RT;IN NC E VEER= TNE TOT N 0i KENNEDALE, T 4 4S, END THE SOUTEMSTERN BELL TELE- PE.ONE COMPANY AGREE THAT TEE TELEPHONE C0M''i ANY'S= CONTINUE TO ERECT AND MAINTAIN N ITS POLES, FIRMS, ANCHORS, C.LLES, MANHOLES, CONDUITS, AND OTE_F PL1'71T CONSTRUCTION AND APPURTENANCES ALONG, (CROSS, ON, CP/ E, TEROUGE, .ABOVE AND UNDER ALL PUBLIC STREETS. AN NUES, T,LEES, PUBLIC GROUNDS _L4StD PLACES IN SAID CITY, UNDER REGULATIONS . S- TRICTIONS AND THAT TH-i 1:; CITY 37:ALL RECEIVE .AN ANNUAL PAYMENT AND THE RIGHT TO USE CERTAIN AIN FACILITIES OF TRF T1 : ,PEON. GOLLPA`iY, FT1P7TN PROVIDED: TEERELS, the _Southwestern Bell Telephone Company, hereinafter referred to as the ATelephone Company((, is now and has been engaged in the telephone business in the State of Texas, and in furtherance thereof, has erected and maintained certain items of its plant construction in the torn. of Kennedale, Texas, hereinafter referred to as the 'Cityn, 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 regulation under the police power as have been also lawn111y granted by and under said laws to said City; and =:-'TAS, 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 establishing the conditions under which the Telephone Company :shall operate in. the City. NOW, THEREFORE, BE IT ORDIINED BY THE CITY COUNCIL OF Ties] TON KENNEDPLE, TBLT: SECTION 1 - CONSTRUCTION ND -MAINTENANCE OF TELEPHONE PLANT AND SERViCE. The poles, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances, used in OT incident to the giving of telephone service and to the maintenance of a telephone business and system by the 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 an6 by the Telephone Company in the exercise of its business of furnishing telephone service; 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 business and purposes for which it is or may be incorporated may from time to time reouire along, across, on, over, through, above, and under all the public streets, avenues, alleys and public grounds and places within the present limits of the City and within said limits as the same from time to time may be ald,anded, subject to the regulations, limitations and conditions herein prescribed. SECTION 2 - SUPERVISION BY CITY OF LOOMION OF POLFS AND CONDUIT. All poles to be placed shall be of sound material and reasonably straight, and shall be so set that they rill not interfere with the flow of water in any gutter or drain, ern 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 poles, stubs, guys, anchors, conduits and cables to be olaced and constructed by the Telephone Company in the con- struction 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 wham such duties have been or may be delegated. SECTION 3 -STREETS TO BE ?RPTORED TO GOOD CONDITION. 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 the work and maintained to the satis- faction of the City Council, or of any City official to wham 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 street, alley, highway or public place shaJ1 be encumbered for a longer period than shall be necessary to execute the work. SECTION 4 - OPERATION END MAINTENANCE OF TELEPHONE PLANT. The Telephone Company shall maintain its system is reasonable operating condition at all normal times during the continuance of this agreement. An exception to this con- dition 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, reasonably within its power, to do, to restore normal service. SECTION $ - TEMPORARY RELOVAL OF WIRES. The Telephone Company on the reouest of any person shall remove 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 rewire such payment in advance. The Telephone Company shall be given not less than forty-eight hours advance notice to ar- range for such temporary wire changes. SECTION 6 - TREE TRIEMING. 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, all eys, side- walks 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 City official to wham said duties have been or may be delegated. SECTION 7 - ANNUAL CASH CONSIDERATION TO BE RAID BY TEE TeeIPHONE CONFATT. 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 superintendence of this agreement, and as the cash consideration for the same, the Telephone Company agrees to pay the City annually dur- ing the continuance of the agreement a sum of money ecual to two per cent (2%) of the annual gross receipts for the preceding year received by the Company from the rendition of local exchange telephone transaission service within the corporate limits of the City. The first paynent hereunder shall be made April 15, 1949, and shall equal in amount two per cent (2%) of the gross receipts received from January 1, 1948, to December 31, 1948; and thereafter payment shall be made annually on April 15 as herein provided. SECTION 8 - PAYPITNT OF CASH CONSIDERATION TO BE IN LIEU OF PITY OTHER PAYM7NTS WEPT USUAL GENEiAL OR SPECIAL .A,D VALOEM TAXIS. The City agrees that the consideration set forth in the preceding section hereof, shell 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; in lieu of any easement or franchise tax, whether lefied as an ad valorem, special or other character of tax; and in lieu of any imposition other than the usual general or special ad valoren taxes now or hereafter levied. _Should the City not rave 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 afore- said, then the City agrees that it Till apply so much of said payment as may be neces- sary to the satisfaction of the Telephone Companyts obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. SECTION 9 - FALILITIEb TO BE FOI--u.vIS= CITY AS ..A.DDITIONAL CONSIDELIATION. 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 Tire space as may be reauired from time to time by the City upon the poles now awned or hereafter erected by the Telephone Company in the City for the use of the Cityts police and fire alarm systen; provided that the required wire space shall not exceed the wire capacity of one cross aria on any one 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 appli- cations are received from the City, and will be allotted in accordance with the con- siderations for electrical construction of the United States Department of Commerce, Bureau of Standards. In its wire construction on the Telephone Company's poles, the City will follow the suggestions and requirements laid down for wire construction in the Rules and Regulations of the Bureau of Standards of the United Statas_Department of Comerce. Where conduits are laid or are constructed by the Telephone Company, said company ShaJI 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 wres. All such wires, whether on poles or in conduits, shall be constructed, maintained and operated in such gunner as not to interfere with nor create undue hazard in the operation of the telephone ststem of the Telephone Company. It is further agreed that the Telephone pany sh201 not be responsible to any party or parties whatsoever for any deaands, 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 insure, indemnify and hold the Telephone Company harmless against all such claims, losses, demands, suits and judnents. SECTION 10 - ATTACHMENTS ON POLES ..;ND SPACE IN DUCTS NOT H A1eb.6CTED. :Nothing in this ordinance contained shall be contrued to require 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 Tires 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 further separate non -contingent agreement shall be a pre- requisite 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 omeership, and other sire space and facilities agreements with light and power companies and with other wire using companies which may be privileged to operate within the City. .CTIOTT 11 - PEUOD OF TILT: OF THTS 02DI== - TEL12IN.TION. This agreement shall be in full force and effect for the period beginning with the effective date hereof and ending 20 years after January 1, 1948, provided that at the end of the expiration of the initial period, such term shall be automatically renewed forthwith for successive periods of 20 years, conditioned, however, that if daring the last four months of the initial period or of any successive 20 year period, not less than ninety dayst prior written notice shall be given either to the Telephone Company by the City or to the City by the Telephone Company, setting forth the desire of the giver of such notice to terminate this agreeaent, then in such case this agree- ment shall terminate at the expiration of the then current period. SECTION 12 - NO T7CLUSIVE ?PIT-I:J.0;ES 0014.) BY THIS ORDTUTTCE. Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privilege. SECTION 15 - SUCCESSORS AED ASSIGNS. The rights, powers, liTnitations, duties and restrictions herein provided for shall inure to rind be binding upon the parties hereto and upon their respective successors and assigns. SECTION 14 - PARTIAL INVALIDITY ND REPEAL PROVISIONS. 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. SECTION 15 -:.kCCEPTAECE OF AGIRi-bILINT. The Telephone Company shall have sixty (60) days from. and after the passage and ap- proval of this orclinance to file its written acceptance thereof with the GitySecre- tary, and upon such acceptance being filed, this ordinance shall take effect and be in force fran anfl after the date of its passage and approval by the Mayor and shall effectuate and make binding the agreement provided by the terms hereof. Passed and approved this day of , A. D. 194 Attest: Mayor City Secretary