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