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0280(1)AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE ~3 FRANCHISE TO GENERAL TELEPHONE COMPAAPf OF THE SOUTHWEST, GRANTEE, AND ITS SUCCESSORS A~) ASSIGNS, TO CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF TME CITY OF SOUTHLAKE, TEXAS, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER AP- PLIANCES, sTRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER COMMUNICATION SERVICE AND FOR CONDUCT- lNG A GENERAL LOCAL AND LONG-DISTANCE TELE- PHONE BUSINESS; PROVIDING FOR CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICT- iN~ <)RD INAI~CES A~ FOR PARTIAL INVALIDITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. GRANT OF RIGHTr PRIVILEGE AND FRANCHISE FOR CON- STRU~I~O~_~AND ~_MA~I~T~_~A~.~_O__F_~ELEPHONE PL.J~N~T AND SERVICE That the light, privilege and iranchise be, and the same is h~eby, granted to General Telephone Company of the Southwest, hereinafter referred to as tile "Telephone Company," and its successors or assigns, subject to the terms and condi- tions hereinafter set forth, to construct, erect, build, equip, own, maintain and operate in, along, under, over and across the streets, al'leys, arrases, bridges, viaducts and public grounds of the City, such posts, poles, wires, cables, conduits and other app]iance~, stluctures and fixtu~ necessary or convenient for tender,hq telephone and other communication services and for conducting a genera] local/extended area and long-distance tele- SECTION 2. SUPERVISION BY CITY OF LOCATION oF POLES AND CONDUIT That all poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will not interfere with the f~ow of water to 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 location and route of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed by the Telephone Company in the con- structio~ and maintenance of its telephone system in the City, and the ioca~on ov all condults uo 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 direct%on of the city Council or of any City official to whom such dutie~ h~ve been or may be deleqated. That nothing in this ordinance is intended to add to or detract from any authority ura~]ted by the Legislature of the State of Texas to the City. SECTION 3. STREETS TO BE RESTORED TO GOOD CONDITION That the surfaue of any street, alley, highway or public place within the City 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 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 p~blic place is broken for such construction or maintenance work, after which time responsibility fo~ 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 e~ecute the work. SECTION 4. TEMPORARY REMOVAL OF WIRES That the Telephone Company on the request of any person shall [emove or Iaise or lower its wires within tl]e City tempO- rarily to permit the moving of houses or ~ther bulky structures. The expens~ ~f such temporary removal, raising or lowering of wires shall be paid by the benefited party o~ parties, and the Telephone Company may require such pa~nent in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. The clcara~ce of wire~ above ground or rails within the City and also underground work shall conform to the basic standards of the N~tio~l Electrical S~f~t~ C0d~, National Bureau of standards, United States Department of Co~nerce, as promulgated at the time of erection thereof. SECTION 5. TREE TRIMMING That the right, license, privilege and permission is hereby granted to the Telephone Company, its successors and signs, 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 direction of the City Council or of any city official to whom said dutiem have been or may be delegated. SECTION 6. QUARTERLY CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY That to indemnify the City for any and all possible damages to its streets, alleys, and public grounds which may result from the placing therein of the Telephone Company's poles, conduits, or other equipment or apparatus, and to compensate the City for its superintendence of this agreement, and as the cash consideration for tile same, the Telephone Company agrees to pay to the City quarterly during the continuance of this agreement a sum of money equal to two percent (2%) of the quarterly gross receipts derived by the Telephone Company from exchange access rates, contained in Sections 6 and 36 of its approved General Exchange Tariff, charged customers within the corporate limits of the City during the preceding quarter. The first payment here- under shall be made May 15, 1983, and shall ~qual in amount to two percent (2~) of the gross receipts derived from from the date of acceptance of this 1983; and thereafter payment shall be August 15, November 15 and February 15, exchange access rates Ordinance to March 31, made quarterly on May 15, as herein provided. SECTION 7. PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR Sp~C~ AD That the City agrees that the consideration set forth in the preceding section hereof shall be paid and received in li,u of any tax, 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 lleu of any easement or fran- chise 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 m~ch of said payment as may be necessary to the satis- faction of the Telephone company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. SECTION 8. NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE That nothing herein contained shall be construed giving to the Telephone Company any exclusive privileges. as SECTION 9. SUCCESSORS AND ASSIGNS That the ~ights, powers, ]imitations, restrictions herein provided for shall inure to upon the parties hereto and upon their respective assigns. duties and and be binding successors and S~C~IQ~ 10, FERIOD OF FRANCHISE That this agreement shall be in full force and effect for the period beginning with the effective date hereof and ending Nineteen (19) years after such date. It is expressly understood and agreed that at five (5) year intervals from and after November 1, 1986, either party, whether City or Telephone Company, may cancel, revoke or otherwise rescihd and make null and void this franchise agreement by notifying the other party in writing at least ninety (90) days prior to November Ii 1986; November 1, 1991; November 1, 1996; and November 1, 2001. SECTION 11. PARTIAL INVALIDITY AND REPEAL PROVISIONS That if any section, sentence, clause, or phrase of this ordinance is for any reason held to be illegal, ultra vires or unconstitutional, such invalidity ity of the remaining portions of this and agreements and parts of ordinances herew'[th aide hereby repealed. shall not affect the valid- ordinance. Ail ordinances and agreements in conflict SECTION 12. ACCEPTANCE OF AGRI~EMENT That 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 afte~7 the date of its acceptance, and shall effectuate and make binding the hereof APPROVED this ~'J agreement provided by the terms ATTEST " City Secretary 11 id, 92 D,:~II~ I.~IE I~F!F'"~ I:,',I'1 808868738388? 088 The City, acting herein by its hereby declares the foregoing effective as of this ~ day of duly constituted authorities, Ordinance passed and finally commi~ sioner-Alderman )ner-~ rman ACCEPTANCE WHEREAs, the City Council of the city Texas, did on the 7th day of J~nqary an Ordinance entitled: of southlake, , 1983, enact "AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, GRANTEE, AND ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE STREETS, AVENTJES, ALLEYS, BRIDGES. VIADUCTS AND PUBLIC GROUNDs OF THE CITY OF SOUTHLAKE, TEXAS, SUCH POSTS, POLES, WIRES, CABLES, CONDUITs AND OTHER APPLIANCES, STRUCTURES AND FIXTUREs NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND OTF~R COMMUNICATION SERVICE AND FOR CONDUCTING A GENERAL LOCAL AND LONG- DISTANCE TELEPHONE BUSINESS; PROVIDING FOR CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY.,, and WHEREAS, said Ordinance was on the 7th day of Januar~ , 1983, duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the City Secretary; NOW THEREFORE, in compliance with the terms of said Ordinance as enacted, approved and attested, General Telephone Company of the Southwest hereby accepts said Ordinance and files this its written acceptance with the City Secretary of the City of Southlake, Texas, in his office. 198~. Dated this .1..7th day of Januarv , A.D. ATTEST: ASsistant Secretary~ GENERAL TELEPHONE COMPANY OF THE SOUTHWEST By: ~ Vmce Presmdenk' S .... A_cc,:ptan. c.e..fil~d in the o/f~'ice of th9 City Secretary of outniaKe, Texas, tnls ~ day of~~___,~A.D. 1983: ' /- City S~cretarY