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HomeMy WebLinkAboutORD 27-LAN ORDINANCE AN ORDINANCE UiMREBY THE CITy OF BEAUJIONT, TEXAS, AND .THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, 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 PROVIDED. WHEREAS, the Southwestern Bell Telephone Company, here- inafter referred to as the "Telephone 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 City of Beaumont, Texas, hereinafter referred to as the "City", 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 lawfully granted 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 establishing the condi- tions under which the Telephone Company shall operate in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT.9 TEXAS: SECTION 1 CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE. The poles, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances, used in or inci- dent 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 and by the City Charter prescribed may be considered necessary by the City in the exercise of its lawful powers 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 incorp- orated, may from time to time require 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 extended, subject to the regulations, limitations and conditions herein prescribed. SECTION 2. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT. All poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will not inter- fere with the flow of water in 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 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 ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City Commission or of any City official to whom such duties have been or may be delegated. SECTION 3. STREETS TO BE RESTORED TO GOOD CONDITION. The surface of any street, alley, highway, or public place disturbed by the.Telephone Company in building, construct- ing, 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 conmencement of the work and maintained to the satisfaction of the City Commission 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 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 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 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 with- in its power to do, to restore normal service. SECTION 5 TMPORARY REMOVAL OF VIRES. The Telephone Company on the request 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 benefitted 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 advance notice to arrange for such temporary wire changes. QWnmTn7T F TREE TRITOKIING. The right, license, privilege and permission is here- by granted to the Telephone Company, its successors and assigns, to tram 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 Commission or of any City official to whom said duties have been or may be delegated. SECTION 7. ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY. 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 Comp- any'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 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 calendar year received by the Company from the rendition_ of local exchange telephone transmission service within the corporate limits of the City. The first payment hereunder shall be made March 15, 1938, and shall equal in amount two per cent (2°o) of the gross receipts received from January 1, 1937, to December 31, 1937; and thereafter payment shall be made annually on March 15, as herein provided. SECTION 8 PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM TAXES. The City agrees that the consideration set forth in the preceding 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 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 tax- es 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 satis- faction of the Telephone Companyts obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. SECTION 9 FACILITIES TO BE FURNISHED CITY AS ADDITIONAL CONSIDERATION. In addition to the consideration set forth in Section 7, the Telephone Company shall hold itself ready to furnish, sub- ject to the use of the City, such wire space as may be required from time to time by the City upon the poles now owned or here- after erected by the Telephone Company in the City for the use of the Cityts police and fire alarm system; provided that the required wire space shall not exceed the wire capacity of .one cross arm.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 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 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 States Department of Commerce. TPhere conduits are laid or are constructed by the Telephone Company, said Company shall hold itself ready to furnish sufficierit duct space not to exceed the 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, maintained and operated in such .a.manner.- so- as'not -to-jinterfere with !nor'.create undue hazards in the operation of the telephone system of the Tele- phone Company. It is further agreed that the Telephone Company shall not be responsible to any party or parties whatsoever for any claims, demands, losses, suits, judgments for damages or in- juries to persons or property by reason of the construction, main- tenance, inspection or use of the police and fire alarm wires be- longing to the City, and the City shall insure, indemnify and hold the Telephone Company harmless against all such claims, losses, demands, suits and judgments. SECTION 10 ATTACHMENTS ON POLES AND SPACE IN DUC'T'S NOT HERE AFFECTED. Nothing in -this ordinance contained shall be construed 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 wires 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 in- to 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 MIS ORDINANCE — TERMINATION. This agreement shall be in force and effect for a full term and period of twenty (20) years from and after its effective date hereinafter provided. SECTION 12 NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE. Nothing herein contained shall be construed as giving to the Telephone 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 hereto and upon their respective successors and assigns. SECTION 14 PARTIAL INVALIDITY AND REPEAL PROVISIONS. If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or un- constitutional, such invalidity shall not affect the validity of the � > r 02 i) - remaining portions. of this ordinance. All ordinances and agree- ments and parts of ordinances and agreements in conflict herewith are hereby repealed® SECTION 15 ACCEPTANCE OF AGREEMENT. The Telephone Company shall have thirty (30) days from and after the passage and approval of this ordinance to file its written acceptance of the same with the City Clerk, and upon such acceptance being filed, this ordinance shall effectuate and make binding the agreement provided for by the terms hereof and shall be in effect as in the charter of the City provided. Passed this the 7 tkday of Se u ko r A. D. 1937. MAYOR ATTEST: City Clerk APPROVED AS TO FORM: City Attorney AN ORDIN ME AN ORDINANCE WHEREBY THE CITY OF BEAUMONT, TEIAS, AND THE SOUTHWESTLRN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE CCUPANY SHALL CCNTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OMM PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, CKp OVER., THROUGH, ABOVE _IM UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN &IID G11Y, UNDER REGULATICNS AND RESTRICTIONS, AND THAT THE CITY SHALL RECEIVE AN ANNUkL ; kAY- MENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE CCWANY, ALL itbIN PROVIDED. WHEREAS, the Southwestern Bell Telephone Company, hereinafter referred to as the "Telephone 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 City of Beaumont, Texas, hereinafter referred to as the "City", for many years pursuant to such rights as have been granted it by and under the lags of the State of Texas, and subject to the exercise of such reason- able rights of regulation under the police lower as have been also lawfully L;•ranted by and under said laws to said City; and WHEREAS, it is to the mutual advantage of both the City and the TElchone Company that an agreement should be entered into between the Telephone Company- and the City establishing the conditions under which the Telephone Company shall U,?erate in the City. NOWR THEREFORE, BE IT ORDAINED BY THE CITY CO MI.;SION OF MiL,, CITY OF BLIUMOKTI TEXTS: SECTION 1. CONSTRUCTION AND KIINTENANCE OF TELEPHONE vL LNT aiND SERVICE The poles, wires, anchors, cablca, manholes, conduits and other plant con- struction and appurtenances, used in or incident to the giving of telephone servicc and to the maintenance of a telephone business and system by the Telephone Compaw- 7-,,, the City, shall remain as now constructed, subject to such changes as under the limitations and conditions herein and by the City Charter prescribed may be considered necessary by the City in the exercise of its lawful powers and the Telephone Ccuapany shall continue to exercise its right to place, remove, construct and reconstruct, ex- tend and maintain its said plant and appurtenances as the business and purpose-. for which it is or may be incorporated, may from time to time require 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 extended, subject to the regulations, limitations and conditions herein prescribed. SECTION 2. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT. .All poles to be placed shall be of sound material and reasombly straight, and shall be co set that they will not interfere with the flow of water in a1v 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 TelcJ,onc Company in the construction and maintenance of its telephone system in the 'ty, and the location of all conduits to be laid bjrr the Telephone Company within the limits of the City under this ordinance, shall be subject to the reasonable and pro,,f.z. regulation, control and direction of the City Commission or of any City office_l to whom such duties have been or may be delegated. /03% The surface . of any street, alley, -highway., or ' public place disturbed IW 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 ccncement of the work and maintained to the satisfaction of the City Commission or of ary 'City official to whom such duties have been or -may be' delegated,''for one year from the date the surface of --said street, al.l.ey, highway, ' yr public place is broken for such construction - or xa'inteuance work, after which time responsibility for the maintemnee . shall become the. duty of the City: No street; alley, highway or public place .shall be , encumbered fora longer period than. shall be necessary to execute, the work,. SECTI OPERATION .A�iD YAINTENA�ICE, OFLEPHONE PLANT. The`Telephone Compaiay shall maintain its system.in reasonable operating condition at all; -normal times during the continuance of this agreement. An exception to. this 'condition is automatically, in effect When service. furnished. by,the Telephone Compa W is interrupted; impaired, or ,prc- vented.;by fires, `strikes;'' riots, or other occurrences beyond the control of _ the Telephone Camp�.ny, '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. SECTiOi+I_ >. TEI�POr REI�JYAL OF WIRES: The Telephone . Ccbparq on tho request of 4qr person shall remove or raise or lower its wires temporarily to permit the moving.of houses or other bulJW structures.' The expense of such temporary removal; raising"or lowering of wires shall be paid by the benefitted 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 -advance notice to arrange for such tempox.ry wire changes. SECS 6. TREE .TRU&MG. The right, license; privilege and permission is herety'.granted to the Telephone Company, its successors and assigns, to trim trees upon and over- hanging the streets, alleys, sidewalks and public places of. the City, so ars to Prevent the branches of such trees from coming in contact with the wires or cables of the Telephone Compamy, and when so ordered by the, City,. said trimming shall be done under the supervision and direction of the-City'Commission or of any City official to whom 'said duties have been or may bedelegated. SECTION 7. AM AL CASH C S;4BATION Ta BE PAID BY THE TELEPHONE Cf?IiPANY. . To indemnify the,City for aW and all possible damages.to its streets, alleys, and public grounds which may result from the placing and mainten.,nce therein or thereon of the ,Telephone Cokmzlpy'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 'Telephonc ,Company agrees to pay to the City annually during the continuance of the agreement a sum of ,money equal to Tiro per cent (2%) of the annual gross receipts for the preceding calendar year received by the Compamy from the rendition of local exchange telephone transmission service within the corporate limits of the City. The first payment hereunder,eball be made March 15, 1938, and shall equal in amount two per cent (2%) of the gross receipts received from January 1, 1937, to December 31,. 1937; and there- after payment shall be made annually on larch 15, as herein provided. SECJ10 _C. The, City agrees that the consideration set forth in the preceding . 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 inspection"fee tax; in lieu of any easement of 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 ud valorem taxes now or hereafter levied. Should the City not have-tbe 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 pay- ment as may be necessary to the satisfaction bf the Telephone Company's obligations, if any, to pay azW such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. SECT-�2 FACUJTIW TO I& MNP_HED CITY AS AD ISL CO In addition to the consideration set forth in Section 7, the Tele- phone CosSpany shall hold itself ready to furnish, subject to the use of the City, such wire space as ,may be required from time to time by the City u;;;on the poles now owned or hereafter erected by the Telephone CDWAny in the City for the use of the City's police and fire alarm system; provided that the re- quired wire space shell not exceed the wire capacity of one cross arm on any one pole. The location on the poles of this fire and police wire Espace shall be detemiined.on specific applications for space, at the time the applications are received from the City, and, will be allotted in accordance with the con- siderations for electrical construction of the United States Department of Con eree, 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 States Department of Commerce. 1here conduits are laid or are constructed -by the Telephone Company, said Company shall, hold itself ready to furnish sufficient duct space not to exceed the capacity of one duct for use by the City in carrying its police and fire alarm wires. All such wires, Nether on poles or in conduits, shall be constructed, mintained and operated in such a manner so as not to interfere with nor create undue hazards in the operation of the telephone system of the Telephone Company. It is further agreed that the Telephone Company shall not be responsible to uny party -or parties whatsoever for any claims, demands, losses, suits, ,judgments for damages or injuries to persons or property by reason.of the construction, mainterame, 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, loeses, demands, suits and judgments. SECTION 10 ATTACHfiENTS (+1' POLES ANASPACE DUCTS NOr_HERE AFFECTED. Nothing in this ordinance contained shall be construedto require. or permit ary 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 'y 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 tV 'eche City, then a further, separate non -contingent agreement shall be a 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 voluntari],y to enter into pole attachment, pole usage, joint ownership, and other wire space and facilities afreements with light and power pok,anies and with other wire using companies which -may be privileged to operate within the City. SECTION 111. PSR OF TDD OF THZS Q#P -'TEMEMUCH. This agreement shall 'be in force and effect for a full term and period of twenty (20) years from and after its effective date hereinafter pro- vided. SECTION 12 NO FCLUSIV�E� PRIVILEGES CONFEHiD BY TH S ORDIHAHCE, Nothing herein contained shall be' construed as giving to the Telephone Campany arty exclusive privilege. SECTION 13 SUCC=ORS AND ASSIGNS. The rights, powers, limitations, duties and restrictions herein pro- vided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. SECTION 14 PARTIAL INVALIDITI ANDREPEAL PROVISIM-3. If iqr section, sentence, clause'or phrase of this ordinance is for arq 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 ordinane'es and agreements in conflict herewith are hereby.repealed. - - SECTIGfii 15 _ ACCEPTANCE OF AGgx The Telephone 'Comparbr Shall, have thirty (30) days frons and after the Passage and approval of this ordinance. to file its written acceptance of the same with the City. Clerk, -and upon such acceptance being filed, this ordinance shall effectuate and make binding the agreement provided for by the terms hereof and ill be in, ' effect as in the charter of the City provided.' Passed, this the.7th day,of'September, A. D. 1937. P. D. Renfro MAYOR •—