HomeMy WebLinkAboutORD 25-A-3AN 0RDINA"N0E.
Entitled an ordinance granting tothe American Dis-
trict Telegrpah Company of Texas,,successors and
assigns, the right to ennstruct aril maintain and
operate.poles,,wires and cables across, along,.over
and under the streets, alleys and public ways of the
City ---of Beaumont, State 'of Texas.. Providing the -----
conditions relative to said construction and one r-
at i on.a" nom-•:��, r�...r, o— ,r:,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFBEAUMONT:
Section 1.
There is hereby granted to the American District
Telegraph Company of Texas, its successors and assigns, the right
and privilege to construct, maintain and operate, poles, wires
and cables along, across, over or under the streets, alleys and
public ways of the City of Beaumont, for carrying on and furnish-
ing to the..public fire, night watch, sprinkler and burglar.alarm
in -connection- with_ a__Di.st.ri_et_ _tele"grpah and messenger service.
Section 2.
The grantee herein is hereby authorized and obligated
to place an instrument locat-41,t� in ,b�re-�itr office for trans-
mitting fire to the Fire alram office of the City of Beau-.
wont and is hereby authorized and obligates it self to transmit
from such instrument,in a manner prescribed by the City Eleetribian
and the Lhief of the Fire Department approved by the Mayor, to the
City fire.Department and to the Central Fire alarm office of the
City of Beaumont (Any and all alarms received by the grantee from
their private combination or Fire alarm boxes, provided that said
transmitter located in'the of -:ice of the grantee must be satisfactory
to the Mayor and City Electribian of the City of Beaumont. It is
further understood that no wiresor instruments of the grantee shall
have any mechanical or electrical connection what so ever with the
wires and instruments of the City Fire Alarm and Police System.
The recording instrument for Fire alarms located in the
Central�Fjre Alarm office of the City of Beaumont mast be equipped
with a4"automatic time stamping device for recording the exact time
and We pf all alarms. Such device to be.located by and -under
Y
the direction of the.City Electrician and must be of the best known
make for the purpose of accuracy in'record'ing the alarms.
It is also understood that all,wires of the said grantee
shall.enter and leave the.Central Fire Alarm and Police office
- --
through some underground system and the instalation of such wires shall
be under the direction of the City Electrician.
Section 3. "
The grantee is further authorized and obligates itself to
connect its central'office with the headquarters of the Police De-
partment of the City of Beaumbnt and to transmit by its device
and in a manner satisfactory to the Mayor of said City, dill alarms
of burgalr�'received by said grantee from its private, protection
system, but no connectionsshall be made with the wires or instruments
of the police system.
--- - -Seotion-4.
The grantee is hereby authorized n in the central fire
alarm office and also in the of -^ice of the Police headquarters
e^..:� Ls� op,. ,,�e, said' telephone to .be connected with the
central office of the grantee, to be used exclusively for the,
purpose• o.f connecting fire alarms and police -calls ,and for
no other purpose whatsoever.
-
Section 5. -
All the expense incurred in the above mentioned connections
of said grantee and said fire department and Police Department of
this City shall be borne -by and discharged' -by said grantee.
Section fi•
The rights herein granted are, given by the, said .CitZt and
are accepted by said grantee, its successors and assigns, upon the
9 ,
following expressed conditions, viz:
(1) The 'rights, herein grant ed . a.re granted to the American
.District Telegraph Company, a Texas corporation, its successors
and assigns, and should the same.at any•tim'e pass to any'.corporation
other than one organized. -under the laws o,f the State of Texas, or
should they at any time pass to any person,,not a resident of the
State of. Texas, the same shall at" ,once 'ipso' "facto, cease and determine
0.
and forever beat an end without the necessity of any proceedings,
judicial or otherwise.
(2) Should the grantee, its successors or assigns, at 'a n'y
time become involved in.litigation with the'City of Beaumont or its
officers,'and should said grantee, its successors or assigns, remove
said litigation �tonthe_�Courts or originally institute same therein
or in any Courts than those of the State of Texas, ' then his franshim
shall at once cease an d-determine'and be at an end. -Said .litigation .
shallbeconsidered as being with the City or its officers, even if-
Xr-�- s
-arc not 6 -formal. party to such litigation, if the effect of
such litigation the City.,of Beaumont or its officers in any action
taken or omitted with -reference to or in connection with this franchise
or,any rights thereunder.,
The sgstem to be erected hereunde3 f haU be in all' res-
' pects first class and- shall -be equa-l- :to those- found' in' cities- of _ the
first class.
(4) The charges for service rendered, by the granitee,
its successors and assigns, shall at all time(n►s� be reasonable ALnd the
charges for services Smust be uniformwithout c�
AA.
against- persons. or corporations and it;,expressly undemtood that the
City of Beaumont has;the ight to ,prescribe- a scale of charges or to
1z
regulate the rs?-ofhpub ic�u'�ility within the limits of t'he con-
satution is expressly agreed to.
• (5)The location of all,poles,and wirers constructed under
this franchise shall be 'done under the direction of the Cityflnt4n"er
o± the City of Beaumont. All poles to be placed.' -on the outer.' edge ' of the
sidewalks within the corporate limits and to be not less than 100 feet
apart, to, be straight and; shapely, not less than 40 feet in height
�-&l dA- Cl—)
and to be painted of such, color tube approved by the City se l) and
to be kept ip good repair and first class condition. All wires and
kcabl eed it +hn foilow'r�'
.. - .. - ,- �. � - � Cis I� ��•
be '7�=-ed in underground e,onduitso same to be laid under -the
direction and supervision of the City Electrician'and said conduits'-.
to be of.,.sueh-material 6s the City Electrician shall approve, to be
laid. in such position on the street as the City �er�t approve,
and to -be placed three feet below the grade line of the street as
established by the City Engineer.'
(6) All poles, *ires,' material and apparatus shall be
kept in a good states of" repair and 'in a tYxrough state. of efficiency
and if there is a failure'to so keep and maintain the same, then the
City shall have ,the `right after ten (10) days notice to grantee to '
place same in such co.ndi.tion,effie.iency and to colledt the cost of.
doing such work -from the! grantee immediately when said work -is done,
and in addition lOf shall, be 'added to the cost, as a penalty and,
if said Work is ,not path' for by said grantee within thirty (30 )
days after it. shall become due Qx the rights and privileges granted- here;
under shall be forfeited..
In .case.of"fire any wires used by the grantee may be cut
b* , the City 'officers and "by members of the :Fire Department A-deemod
necessary, without compensation therefor t -o the grantee.
(7) Should .tYie `grantee at any time establish a system of
patrol boxes, then-the.;.grantee shall permit fire'and burglar alarms
from any of its patrol ,boxes by arty member of -the Police or Fire
Department of any fire-, breach of,,peace or burglary and the watchman
of the grantee shall likewise send inwithout charge any fire alarm,
breach of peace; _-burglary when s o requested by any -responsible, citizen -
or petson.
(8) 'It,.is further expressly understood' and agreed that any,
lawful amounts which may be due to the City of Beaumont under this
ordinance as well as any lawful fines or penalties which may be assessed
and any lawful taxes which may be due and payable to the City of Beau-
mont erx-Ma^� this, franchise shall be and constitute a• first lien
. _ .
and charge against all the property of the grantee within this City.
(9) The grantee', 'its successors and assigns shall.proteet
and hold'harmless the City of Beaumont against all claims for damages
I,
to:any person or property -'by- of the construction or maintenance
of said system or' in any, -way grow ut, of ,the granting' of this 'fran-
ehise, either directly. or indirectly,, or arcs, reason of^ l-4et ,
or nonfeasance of the con7ractors, agents or -employee s- -of = t-he=-g-ranteat
orha^signs, and the said grantee, its successors and assigns shall in-
demnify and hold the City harmless -from and on account of all damages,
costs, epenses, actions and causes of action that mai accrue to or..be
brought by any person,. persons, company or,companies at any time by reason
of the exercise of the rights ,and 'privileges herein granted or the
abuse thereof whether the. grantee be chargable with any, negligence or
breach of legal duty or not.
(10) The terms and conditions, privileges and requirements
and agreements in this ordinance contained and each of them shall be
binding upon the successors and as,sgns of said grantee and upon any
company or companies; --person- or -pers.ons-maintLining._or_.operating
the system herein authorized to be operated.
(11) The said'grantee,agrees.in consideration of the foregoing
grants and privileges .made to :it by the City of Beaumont to,place and
construct ; ..,boxes as above described in such places as
shall be designated �y the City Council of the City .of Beaumont and to
maintain, keep in,repair and first',class condition said boxes during the
life of this franchise,- provided 'that the City of Beaumont hereby reserves
the right and the,grante'e'here•n §grees to -change the location of any
box placed as aforesaid` ,if
,The grantee 4.@ -bear all
&expenses
chang r U r� V r
be bornEby the Cit' of Beaumont. T
The grantee also',.agrees to pay to the City of Beaumont 37o
X of its annual gross, receipts from night watch and burglary, alarm service,
and other service in 'any', "wise ' connected with or incident to the rights
granted by this franchise, during the life of this franchise; said pay -
went to be made annually-, on the 10th day of January each and every year
during the life of,'this,grant upon sworn statement made by the auditor or
bookkeeper of said grantee, and the Mayor of said City or some person
deisgnated by him"therefor, shall at all times have access to the books and
and records of said grantee with the right to examine same -,,in order
to enable said City to ascertain the. amounto the annual gross receipts
of said grantee, and sai books of ac ount s all be p and reports
made in accordance with the forms and methods prescribed by the City
Council, provided the first payment under" this paragraph shall be -
on the 10th day of January, 1912.
.,(12) The grantee herein, agrees to permit the City of
Beaumont to attach at any time to the cross, -arias of any 'of. its
,poles or to lay in.any of, it's conduits the__City'Fire Alarm and
Police wires. '-
Section":?*
'This ordinance is granted suhject. to the Charter of
the City of Beaumont and all ordinances of 'the, City of Beaumont now
,existing and any new charter tat the'City of Beaumont may obtain dur-
ing the life of this .franchise arid_':all_ ordinances that the City of
Beaumont may pags in the lawful exerais e,_of its powers or of its
general control Wand supervision of its streats, alleys and ways, and ' all
,laws .of the State of Texas now existing or _that may be hereafter passed
regulating or controling persons, firms or corporations of the kind
and character of the grantee herein.
Section 8.
In granting this franchise, itis understood that the pourers
vested by law in the City of Beaumont to regulate all public utilities
in the City of Beaumont and to require -efficiency of public service,
and to require all.pe0sons, firma ae+ corporations to discharge the
duties and undertakings for'the perfor,_lanee for which the franchise
was made,.either by penal ordinances or other manner whether mentioned
in this ordinance or not, is reserved and recognizedb
Section 9.
If the grantee should violate any of the provisions of this
ordinance or should fail and refuse to perform any acts or duties
hereafter imposed upon it by the City Council in the lawful exercise
of its,`powers, it shall be liable to pay the City of Beaumont in
addition to any other provision, �.of this ordinance a'sum not less y
than'$50.00 nor more than'$100.00, such'penalty to be.recovered in
a suit brought in•a court having jurisdiati:on over same by the
City Attorney,in ease the City of �ieaumont'. recovers the amount in
said 'suit', the sum to be paid in' the General Fund of the City of
Beaumont, -provided that each day sha �'ll'.be _ and const.tute a separate and
distinct penalty.'.
Se.ct`ion 10::
The allure ,of the graiite .to comply with the terms; con-
ditions and stipulations ,set forth in th is<,:ordinance or any, other
dies that shall Yor .may: be imposed upon 'it' hereafter by the City,
Council the ;lawful .exercise of it.s police, powers shall work's
forfeiture of all rights accruwlhereun 'er.�"
L
e c t ion- 11.
The franchise granted herein to the grantee shall extend
for a period of twenty-five (25) years - from and -after -same. shall -
go into effect, unless sane shall become fordeited as provided herein" ,
or as, ascertained. in a judicial proceeding.
Section 12.
Said -grantee; its successors or absigns,shall within thirty
(30) days from the• final- passage of this ordinance file with,.the
City Secretary of the City of Beaumont its,',written, acceptance of same
and this ordinance_shall be of'no force nor eftct,_ unless- said
written -acceptance- is filed within the `,sai rt me.
Section 13'.'
This' ordinance shall take effect, and be in full force and
' �.. µ�7otlw.� o� t wy-R, a,..-• eA� o`i Ytn�. �'�+�-�-
effect after- passage,^approval-by t-he1laYo.r- and lawful publication._
and - in.
r Passed by the. City Council this.` the 6th d,7,r of Dec. ,1910.
- Signed and approved b,r the Ma,yor,this the 6th day of Dec.",
1�IOi �\
ATTFS:T ayo r .
�.
- -
CitSecretary. -