HomeMy WebLinkAboutORD 07.12.1965 - Telephone FranchiseF424
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ORDINANCE INTO.
AN ORDII ANCE G1 I\TTING THE _RIGHT, PRIVILEGE AND F �ATITCHISE TO THE SOUTH—
WESTERN STATES TELE"HONE CO .;,PATTY, GRANTEE, AND ITS SUCCESSORS AND
ASSIGNS, TO CONSTRUCT, ERECT, BUILD, EtiUIP, O,i1N P.-4INTAIN AND OPER-ATE
II'1, ALOYG, UNDER, OVER AND ACROSS THE STREETS, AVENUES, ALLEYS,
rTLIDGES, VIADUCTS AND PUBLIC GROUTTDS OF THE CITY OF GEO 'GE'TO'TdN
POSTS, POLES, '"TIRES, COiTDUImS AND OTHER API'I;IAi?CES, S 'I�UCTUi'�E AND
FIXTURES NEC=:]JSS`:.__iY OR COT,17ZNIETIT FOR _�E1)TDITION OF 'TELEPHONE AI;D OTHER
C lr'11 1T C_ TIO N SE-1V_ E riT1 R l,J � U;.�1I�T�� A GEl E,_-'AL LOCAL AI'�D LOTTG—
DIST^.NCE '`ELEPHOTIE BUSITIESS; _iEQUEIS' TITI',G ;1_Ti AUl'IiO�IZIITG THE PIOVI:SION
OF FACILITIES AT-D EQUIP:J NT FO', AP,_D` TT'�E F�J =TIIIG OF C.t R`l':":IN EXTEND —
OF AREA TELEPHONE SERVICE; PROVIDING FOR T11E iY'T II?G OF RATE-, FOR THE
ASSIGI'n.TEITT OF FT' :LTCHISE, FOR CG'1SID'' �' "IOI1, FOE REPEAL OF CO!IFLIC''TI1'TG
ORDI-`Jz� ,, I S AT_D FOR 7AIiTIAL Ii'dVALIDITY.
_.E IT ORDAINED 7BY THE CITY COUNCIL OF THE
CITY GEO RGE TO11T TEXA S
Section 1. CONSTRUCITION AND 1,1r'`SNTEIIANCE OF TELEPHONE PLANT A77,,D SERVICE
That the right, privilege and fr".nchise be, and the same is
hereby, granted to the Southwestern States Telephone Company, herein—
after referred to as the " '_'elephone Compan T", and its successors or
assigns, subject to the terms and conditions hereinafter.set forth, to
construct, erect, build, equi , own, maintain and operate in,along,
under, over and across the streets, alle,, avenues, bridges, viaducts
and public CD
grounds of the City, posts, poles, wires, conduits and
other appliances, structures and � xTures necessary or convenient for
rendering telephone and other coimmunic.tion service and for conducting
a general local and long—distance telephone business. The Telephone
Com-can - is herek; r authorized to P—ovide facilities and eq7 ipment for
the furnishing of extended area service between the exchange service
areas of the Georgetown telephone exchange and the telephone
exchange(s) of
Jarrell
as such exchange(s) is (are) now or may hereafter be constituted.
The Telephone Company is authorized to provide such extended area
service in its Georgetown exchange in lieu of purely local
exchange service, it being intended that the 'Telephone Company shall
not be required to provide extended area service and purely local
exchange service upon a selective basis. "Extended area service". as
used herein, means the implementation of telephone service by the
=''elephone Company to its subscribers in the service area if its
Georgetown exchange w'riereby they may not only call
and be called by one another, vrithout specific char`e therefor,as
under a purely local exchange service, but whereby they may also call
and be called by subscribers of one, or more or all of the connecting
exchanges hereinabove enumer tedwgout s-_0ecif, c chare therefor.
425
SECTION 2. SUPERVISION BY CITY OF LOCATION OF POLES AHD CONDUIT
That all poles to be pplaced s hall be of sound material and
reasonably straight, and shall be so set that they will not interfere
with the flour of water in any gutter or d_,airi, end 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 placed and constructed by
the Telephone Companv in the construction and maintenance of its tele-
hone s7Tster_1 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 TvT..,yor or of any
City official to whom such duties have ubeen or may be delegated.
SECTION 3. S' ,i517 1 `"�J �E 1`�EST' 'IC, 'OCT (J J` T h'Y
Th-t t1-e ;`1Jrfa e o _ a=iy greet, e.$ I le- , 11_! „�i ir` J o_ 1.G_ C
,lace vTi -,bin the City disturbed by the Telephone Company in '"_uilding,
constructing, renewing, or mai.ntainin- its telephone plant and Lsys tern
shall be restored wit1--_in a reasonable time after the completion of
the work to as good a condition as before the commencement of the v ork
and maintained to the satisfaction of the City Mayor ,
or of any City official to whom such duties have been or may be dele-
gated, 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 res,,:onsi bility for the maintenance shall become
the duty of the City. No such street, alley highway or public place
shall be encumbered for a longer period than shall be necessary to
execute the work.
SECTION 4. 0PE11LA7I0TT 1"NI) L'TAITTTENA!TCE OF TEZEPTiONE PLAT' T
That the Telephone Company shall maintain its system in
reasonable operating condition at all normal times during the con-
tinuance of this agreement. An exception to t-11is condition is
automatically in effect when service furnished by the Telephone Com-
pany is interrupted, impaired, or prevented by fires, strikes, riots,
or other ;;ccarrences beyond the control of the `_i'elephorie Corn= any, or
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426
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0
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 5.
TET,IP6!,JiY PEE-MOVAL Or WIRES
That the Telephone Company on the request of any person
shall remove or raise or lower its wires within the City tem-
porarily 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 t'ian forty-eight (4L) hours advance notice
to arranGe for such temporary wire changes. The clearance of wires
above ground or rails within the City and also underground work shall
conform to the basic standards of the National Electrical Safety
Code, National Bureau of Standards, United States Depa rtment of
Commerce, , as promulgated at the time of erection thereof.
SECTION 6.
TREE TRI''111ING
That the right, license, privileCD
ge and permission is
hereby granted to the Telephone Company, its successors and
assigne, to trim trees upon acid 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 direction
of the City LL-yor or of any City official to
whom said duties have been or may be delegated.
SECTION 7. Ai'TNI T;'-_I, CASH CONSIDI ?2iTION TO BE P-AID COi,TP. I-ff
That to indemnify the City for any and all possible damages
to its streets, alley,9, and public grounds which may result from the
placing and maintenance therein or thereon of the Telephone Com-
pany's poles, conduits, or other telephone equipment or apparatus,
and to compensate the City for its superintendence of this agree -
meet , and as the cash consider:.lion for the same, the Telephone
3.
42 7
Company agrees to pay to the City annually during the continuance
of this agreement a sum of money equal to two percent (2%)
of the annual gross receipts for the preceding year received by the
Telephone Company from the rendition to subscribers located within
the corporate limits tf the City of local e:.change and extended area
telephone transmission service. The first payment hereunder shall
be made
, and shall equal in amount to two percent
(20) of the gross receipts received from the date
of passage of this ordinance to
and thereafter payment shall be made annually on March 31st, z herein
provided.
SECTION 8. pAYr;iENT OF CASH COi, SIDER`.TION TO ! E IN LIEU OF AT, Y OTHER
PAYT'�,�TEiTTS EXCEPT USUAL GENERAL 011 SPECIAL AND VALOREH TAXES
That the City agrees that the consideration set forth in the
preceding section hereof shall be paid and received in lieu of any taxCD
license, charge, fee, street or alley rental or any 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 levied as an ad valorem,
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 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 necesswry to the satisfaction of the Telephone
Company's obligations, if any, to pay any such taxes, lacens6s'y
charges, fees, rentals, and easement or franchise taxes.
SECTION 9. DELEGATION OF AUTHORITY
That the City may delegate to a designated official or
officials the exercise of any and all of the powers conferred upon
the City hereby or by appl bable State statutes and law which relate
to the supervision acid regulation of the Telephone Company in its
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428
exercise of the rights and f= :nclhises hereih, conferred, but the
governing body of the City of Georgetoim shall
reserve to itself exnlusively the power to fix and regulate char"es
and rates of the Telephone Company to the full extent th:Lt such power
is provided by law and this franchise. All lawful powers not dele—
gated by the governing ;Jody of the City of Georgetown
are reserved to, and shall be exercised by, s,_:_id governing body
exclusively.
At all reasonable tir_ies, during tree continuance of the
rights herein granted, the loc�:11 exchange and gener��-1 offices of the
Telephone Company shall be open to the said governing body or its
designated official for inspection of original contracts, books of
account and cost operating records pertaining to its operations
covered by this franchise. 'any method of accounting heretofore or
thereafter adopted or authorized by any law of the United States or of
the State of Texas
or under or pursuant to the authority
of am s ..ch law shall be deeme '. propeg and sufficient accounting as to
all matters covered thereby.
SECTION 10. RA''E EGUI,ATION
That it is nutually understood and agreed that the rates to
be charged to inhabitants of the City of Georgetown
for extended area service ( in lieu of strictly loc;.l exchange
service ) shall ,be fi.;ed and re"uL: ted b,; the governing body of said
City of Georgeto,,m (provided such City, at such
t me, retains statutory rate—makin" authority) in accordance with
the statutes and laws of the State of Texas
; provided,
however, that such rats and charges shall be sufficient to provide
the Telep^lone Company with a fair return on the fair v_,lue of its
property used and useful in the rendition of such telephone services
to the subscribers in the Georgetown exchange.
SECTION 11. DISCOIT'TINUAITCE ORL IN71ER1 Ui"IION OF EXTENDED AlREA SERVICE
Discontinuance or interr.zntion of all or any portion of the
extended area service requested aYd authorized hereby stall not ,e
grounds for forfeiture of this i'rancl-iise, provided such discontinuance
or interruption results from ca..ses beyond t-he control of the Tele—
phone CompanTr, includinv acts o r• oiAssions Uy tlle owner or owners of
5.
connecting exchange or exchanges participating in the rendition of
such extended area service.
SECTION 12. PERIOD OF F11, '.TAT `11I SE
IJ 'J1i
The -right, privilege and franchise hereby granted shall be
for a period of ten (10) ,-ears from the date of
passage and approval of this ordinance, subject to the conditions
hereinabove and hereinafter set forth.
SECTIOT`T 13. NO ETCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE
That nothing herein contained shall be construed as giving
to the Telephone Company any exclusive privilege.
That the rights, powers, limitations, duties and restrictions
Herein provided for shall inure to and be binding upon the parties
hereto and upon their respective successors and assigns.
SECTION 15. PARTIAL INV _LIDWY AND REPEAT, PROVISIONS
Thot if any section, sentence, clause, or phrase of this
ordinance is Dr any reason held to be illeE.l, ultra vires or un—
constitional , such invalidity shall not affect the vKlidity of the
remaining portions of this ordinance. All ordinances and agree—
ments and parts of ordinances and agreements in conflict herewith
are hereby repealed.
SECTION 16.
LIABILITY OF CITY
That during the period this ordinance is in existence and
enjoyed by the Telephone Company, the Telephone Company shall indemnify
and hold harmless the City from any and all claims for losses, damages
and injuries occasioned to or sustained by any persons, firms or cor—
porations, or their property by reason of the existence, maintenance,
operation or continuance of this ordinance and the exercise of all
rights herein contracted for, except as herein otherwise provided.
SECTION 17. ACCEPTANCE OF AGREEPrU—INT
That the Telephone Company shall have thirty (30) days
from and after the passage and approval of tr i s 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
6.
force from and after the date of its passage and -approval by the
Mayor, and shall effectuate and maize binding the agreement pro—
vided by the terms hereof.
APPROVED phis 12 th, day of
A. D. 19 65 .
Mayor
ATTEST:
City Secretary
The City, acting herein by its duly constituted aut';sorities, hereby
waives the three separate meetings and hereby declares the foregoing
ordinance passed and finally effective as of this 12th, day
of July , 19 65 .
??a.wleiCh S. Elliott
Mayor
Edward Zee Evans
Alderman
A. 'W. Hoyt, Jr.
Alderman
Doyle E. Lyda
Alderman
Hubert H. Brock
Alderman
J. C. Sloan
7.
i
�430
Geor{ eto`Vn, Texas
July 12, 1965.
The City Council rlet in re`;ular session on Ij
the above date
T,layor R.
S. Elliott presiding.
The folloi,ing
councilmen and of-
ficials
were present, Hubert frock,
Doyle Lyda,
Jay C. Sloan,
EdwardLee Evans, Yi. Hoyt, Jr,. Claud Eads, City Secretary,
_Rr nk Tvlasur, Phief of =Police, Lenard ..,,rcLau nlin, fire I'.'Iarshall,
C. Sanders, Tax Collector and ,' s:lessor, H. T",% Curin ton with
Bryant and Curington Engineers , Na:,han Kaiser and Logan McKee also
yrith Bryant & Curin, ton _Engineers, Joe ITcMaster City '=ttorney.
T'Tayor Elliott read minutes of regul r meeting held on June 14,
1965 and called meeting '_Held on June 25, 1965. 1"Kinutes were ap-
proved as read wit': :exaept_i on of minutes on June 14,1965 which
stated t- _t council approved contribution of �,560.00 to Williamson
County Health Unit provided other agencies contribute their assements
to 'illiarison Cou__t,,� Health Unit also.
"otion by Jay C. 3-1:3an _and seconder; ,y IIubert Brock that
munutes be approve(V9Aa-ted above.
T:'iayor Elliott read reports for t1 e month of June and !
General Fund Tills in the amount of 1'i'2, 001.98.
T lotion )y Hoyt and seconded 'cry Brock that repo2t1s be accepted
and general fund bills be paid. I.'Lo-tion ca-•ried b '- unanimous vote.
TELEPHONE ORDINANCE.
ORDITT.NCE TIO .
AN ORDINANCE G_ ANTING THE RIGHT, P I?IVILEGE AND F R 1TTCH1 SE TO THE SOUTH-
WESTERN STATES TELEJ_'HOT E C01d1PA1,1Y, G:'�'.T'1TEE, AND ITS SUCCESSORS -?ND
AS1 IGT?S:, TO CONSTRUCT, ERECT, BUILD, ]_.QUIP, O':`dTrl, MAINT''_TN AT"D OPE'1,U,12 ;
IN, ALONG, UNDE'_i, OV::2 AND ACROSS fHE STREETS, AVENUES, ALLEYS,
RIDGES, VIADUCTS AN PU:-3LTC GROUNDS OF THE CITY OF GEORGE"TO'�?N
POSTS, POLES, CONDUITS AND OTHEIL APi`'LIANCJE , STRUC22UREES AND
FIXTURES TEC. SSA_1Y OR =,FIET`;IENT F O' RENDITION OF '" EL-1.2HONE AND OTHER
C Ji: rTUNIC_. _OTT S RVTCE 1-1 D I'OR CONDUCTING A GENERAL LOCAL AND LONG-
DIS'i'".,,_T?CE-_ELEPHOTIE 7�USINESS; REQUESTING AIID AU`THORIZI G "_'IIE PTPOVT�'TON
r , „ m , T1 H', _ LN 0� CII,I_PIES AND E�QU P11E�NT FOR t._`ID '1.t°iE� rURNISHII�,G OF C�li.,_�°T T -T � ,D'����D
)Tr l T C•: �j �'V r., j -) TIT,--Z:j� r ry ql r4 C` .1 THE
ARE"' J_ELE-iIOrTE L_._,TI�r ; F �O�� IDITIG FOTL _1�_E FIXING OF ���.� ��ti, FOR THE �
hS:SIGT'�T', I;�ri' OF L,°'tlV�r_I� E, +0_i�OT,SI 'L-.� -ION, FO-1 REPE_' L O_� 1Y)!`TFLIC;TTT'� G
O_L - DICES Y',7, D :{O4? s'.?I'T L ITIVALIDI`iY.
Motion by Hoyt and seconded by Lyda that Ordinance 'je _read.
Ordinance was read. "~lotion by ::)loan and seconded by Brock that
Ordinance be passed,. Votes as follows , AYES- Frock, Lyda, grans,
Hoyt, Sloan. Noes-T?one. Tlayor declared Ordinance passed.
;Dee Ordinance :',00k Pages No. 424- 432
431
The move and -foregoing ordinance read, adopted on first
reading and passed to second reading; by the follo,ring votes,
this the
12th
day of July , 19r_, at a regular
session
of the City
Uouncil .
Mayor, voting
Edward
Lee Ev—,s
Alderman votinL,
Yes
I
_
Hoyt, Jr.
hlder_��zan voting
Yes
Doyle
E. lyda
=alderman voting
Yes
Hubert
H. 3rock
1':lderman voting
Yes
f
` J. C.
Sloan
Alderman voting
Yes
STATE- OF TEXAS
CO.:1TJ ,r OF 11JILLIAyISON
City Secretary of
the City of '" o- -"etclrm� , do hereby certify that the
above and foregoing is a true ar._d correct copy of the franchise
granted by the City of eo_ e-c,:rn to general Te1e -oho:ne
Company of the Southwest at three separate readings, as indicated
herein. The same is now recorded in Volume ?aue ,
or the Ordinance 2ecords of
IT" El—'S FriY HAND this the 12th, day of
A. D. 1965.
City Secretary
(SEAL)
41
ADDENDULIT
This is to serve as an Adc:_endu i to Ordinance No.
fount. in Ordinance Took, paves 253-261, and will
serve to amend �'ection 10 of the ordinance to provide for
an extension of time for a ,period of six months, from July; 1,
1965, to January 1, 1966, for the construction of such en-
tertai n.ient system within the confines of the city o1
G-eor ;etovrn, Texas.
No other sections nor terms in this ordinance shall
be chano-ed by this addendum.
Executed this 12 L�/d/.1 ��/ of July , 1965.
r
.. o_
City Secretary
Motion by Evans and seconded. by Hoyt that k-.T.C. Corporation
be -ranted six rionths on their fr:. ncliise as above !,lotion
carried by unanimous vote.
J. L. Janetsky discussed the rental situation at
the kirport with the council. No action was taken.
ZOI?I1 G A T,D?i7lTjT
Ai, HITD'.; E TT TO THE ';O TINC ORDINA11"M ;
OF TLHE CITY OF GEORGETO,.,TPT.
_7Toti on by Brock and seconded Icy Lyda that Zoning
Amendment Ue approved. Itio1_-ion carried by unanimous vote.
See Ordinance Look Pages ITO. 433- 434
:,,'lotion by Evans and seconded by Hoyt th_�t Firemen
e Ioaid `85.00 to at send Firemen School at ryan Lo mover
expenses and be paid aweek's sala-1•y equal to the amount paid
by their e:_iployer. I;Totion carried by unanimous vote.
Council authorized Claud. Eads Acting City Manager to
;uy .'ir Condi boner 1o�. Pol_ce 01'`L e.
Y:Ir. I:Ta.;han Kaiser and Trlr. Logan DIcKee presented
Conur.�nity ��=acilities ::.nd "ommunit 1� eurance report to
Co _ncil this s,,, s the 4tI_ and 5 Lil -repo s.
432
AC'CEP .�7=
Ly ouncit
E_ J._ ', �e i-�y of one City oL
Georgetown did on t'_--e 12th, da of
July , 19 65 , enact an ordinance entitled:
11 Try r""Tf'l �_- :: `,T� ITT [".,..� ' n1 �' Ti-i-
�Tv ORDINATT I� cal _I-IIiv1 �t�E I.�lll, .�-_Vy D FIT' -0
-c•n� C-,w t;� i' T?`P �E )'.ND ITS SUCC=IS'SO LS AT'ID
,1,; �,'3I� t_.TE, T=PHONE „ 0 tP.'.TT� , G� F � ,
-- �0 COYS?- Rr"`.i, E?.E 2, BUILD, T IP, 0...:1, MAINT' �,IT7 ::IdD OPT; 1•l-E
�� O AzdD ::�.LOSS _.T� i?Ll_S, 1�v;uE! , yLl,:rYS,
G Ui1E.
IIaDUv I.J PU_s ,IC G.,?07; E✓y OF TITLE 'CITY OFGEO_'GETOVIN ,
_ -`'', ES, CO_TDJITti; i TITD- OTHER APPLI'-:TdCES , 5'T3UCTU S :�
0.R
- - - _ETOT?E D O THER?
COILTIUNICzTION SERVICE AND FOR CONDUCTING i GENE�'�.L LOCAL AND LONG—
DIST'�TTCE TELEPHONE BL'TSTNESS; REQUESTING :�'ND r1UTTTORIZING THE PROVISION
OF FACILITIES AIM E :�!UIPLIENT FOI? A1:1D `_�'HE FUl TTI SUING OF CE'TTI':I�T Erg`=`ET''IJI_,D
A?�l TELErI?OTTE SE�tVIOJ; PROVIDITiG FOR Tr' I' FIXING OF R: -'E` , I'0' THE
C=I:E, iO4S"IGT,1L1T OF Fr:TTOTST, "IT3E1'EiL OF COTTi=+LT_C'iIT1G
ORDINATTCES AND F0P PA DTI"11 IT]ZTAIIDITY'. n
and
`,,7HE- E:''S, said ordinance was on the 12th, d& of
July , 19,65 duly ap .,roved by the 'mayor of
s Id C-ty and t,ie seal of s�iA C- ty w&s t-hereto affixed and attested
by the Cit-v- Secretary;
I-IEi?EFORE, in compliance the terms of
NU71 , Tsaid ordi—
nance as enacted, a-,Iproved ai-d at-Lested, The Southwestern States
Tele-phone Company hereby acce11ts said ordinance and files this its
v;rit ten acceptance �,vith the City Secretary of tree City of
Georgetown in his office.
DATED this 12th, day of July •
�. D. 1965
THE SOU'T'I-BVESTERN S`-i:LJ
TELEPHONE COTJILPANY
By Vice President
A'1"I"EST:
Secretary
Acceptance filed in the office of t'nie C 'by `3ecretary of
Geor etov,.n, 1: this 12th,
day of -iu!Y , =j Qo -
City Secretary
9•