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HomeMy WebLinkAbout476 OrdZlock No. 28, to the ooutf~west corner of said Lot No. 8, in Block No. 27, Original To~m~ thence North to the ~outhwest corner of Lot No. Bl. ock No. 25, then follow line of originsfL ordinance. P~SED _~~ADOPTED-this' ~ ' ' ~he 3rd day of November., A. D. 1941. 0 TTEST) Signed ~ohn F. DuBose J. L. G~LA~&Y ~ayor. City Secretary~ There being no further business, meeting adjourned. Mayor. ?lainview, Texas, November, ]?, i9~t. The 5ity Council r~ t in regular meeting ~ith the following mem- bers present: Mayor, John F. DuBose, Aldermen: Floyd Poer, C. H~ Hancock, E. ~. Osborne, W~ C.'~atone and L. W. Kiker. City Tax Col. P. H. Bryan, and City Atty. Dan M. Cook, attended the meeting~ City Health Officer, Dr. E. C. Nichoil, attended the meeting. Minutes of the last meeting, read a~i adopted. R~otion by Alderman Osborne, seconded by Alderman Kiker, that the tax roll be corrected on Lot i, Block 20, Original Town, from ~32,000 to ~t750.00, The motion was carried and it was so ordered. Motion by Alderman Kiker, seconded by Alderman Osborne, that the following ordinance be passed and adopted. The motion was carried and the ordinance follows: / -: 0_R_D I N A N C E N0. ~76:- _'4~ ORDINANCE WHEREBY ~ CITY OF ~LAINVIEW, T~ILXAS, AND T~ SOUTHV~ST- ERR BELL TEL~HONE C0~A~Uff AGR~ THAT T~ TELEPH0~YE COI~,,~ARrT S~ZLL CON- TI~JE TO EE~CT AI~D ~@~INTAIN ITS POLES, WIRES, ANCHORS, CABLES, ~.~.N- HOLES, CONDUITS, £~ND 0TY~Eit PLANT CONSTRUCTION AI~D ~i~URTENA2~CES ALONG, ACROSS, 0N, OVER, TtfROUGH, ABOVE AI~ UNDER ALL ?UBLIC STREETS, AVENUES, ~[LLEYS, PUBLIC GROLT~DS f~D PLACES IN SAID CITY, U~DER REGULATIONS ~R~ RESTRICTIONS z~'%~D ~HAT T~ C!_~Z SI=~L RECEIVE AN AI'~IUAL PAYL.~%-NT AND THE PiG}iT TO USE CERTAIN FACILITiES OF THE TELE-PHOi'~E C0~ANY, ALL AS t~RE- IN PROVIDED: V~iEP~EAS, the Southwestern Bell Telephone Company, herein- after referred to as the ~Telephone Company''~, is now and has been en- gaged in the telephone business in the State~ of Texas, and in further- ance thereof, has erected and maintained certain items of its plant construction in the City of Piainview, Texas, hereinafter referred to as the "City", for many years pursuan~ 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 poli~ power as have been also lawfully greated by and under said laws to said City; and ~Wa~EREAS, it is to the mutual advantage of both the City a~md the Telephone Company that an agreement shou~ be entered into between the Telephone Company and the City establishing the conditions under w~lich the Telephone Company shall operate in the City. ',~ · .~0~, THEP~EFORE, Bm IT 0RD~IIq,.,D ~._~ CITY COUNCTL_ OF THE CITY OF PI~&INVIEW, ._ .--~SECTION 1 - CONSTRUCTION AND ~,L&II~I~ENANCE OF TELE_H0~P - ' PLAh~T A}~ SERVI CE. The poles, wires, auchors, cables, ~nholes, conduits and other plant construction and appurtenances, use~ in or incident to the givir4~ of telephone service and to the maintenance of a telephone business and system by the Telephone Comp&ny in the City, shall remain as now c onstructed~, subject to such changes as under the limitations a~ud conditions herein prescribed may be considered necessary by the City in the exercise of its lawful powers and by the Telephone Compmny in the exercise of its business of fur- nishing telephone service; and~the Telephone Co~any shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the busi- ness and p~poses 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 1Lmits of the City and v~ thin said limits as the same f~om t~e to time may be extended, subject to the regu- lations, limitations and conditions herein prescribed. SEC_ ~TI~9~L~2 - SUPERVISION BY CITY OF LOCATION OF POLES ~a~JD CODYDUIT. All poles to be placed shall b e of sound material and reasonably straight, and sh~ll be so set that they will not interfere v~th the flow of water in any gutter or drain, and so that the same will in- terfere as little as practicable with the ordinary travel, on the street or ~ewalk. The location and route of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed b y the Tele- phone Compahy in the construction end maintenance of its telephone sys- tem in the City, and the location of. all conduits to be laid by the Telephone Compahy within the limits of the City under this ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City Council or of any City official to whom such du- ties have been or may be delegated. SECT!0N~ - STREETS T_ 9 BE RESTORED TO GO._OD C. Q~fDIT~0N. The surface of any street, alley, highway, or public place disturbed by the Telephone Company in building, constructing, renewing or main- ta'ining its telephone plant and system shall be restored ~wlthin a reas- onable time after-the completion of the work to as good a condition as before the con~mencement of the work and maintained to the satisfaction of the City Council, or of say 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 shsil be encumbered for a longer period than shall be necessary to execute th~ wGrk. SECTION 4 ~ OPERATION D.ND ~TEN.~CE OF T~P_~0NE"~m ~ PLANT. The Telephone Company shall maintain its system in reasonable operat- ing condition at all normal times during the continuance of this agree- ment. 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 casual- ties, in any of which events the Telephone Company shall do all things, reasonably within its power, to do, to restore normal service. ~SEC~TION 5_ - TF~ ~_ 9.RARY R~0VAL OF WLRES. '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 silall be paid by the benefited party or parties, and the Telephone Comp~any may require such payment in advance. The Tele- phone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. SECTION 6, TREE The right, license, privilege and permission is hereby granted to the Telephone Company, its successors and assigns, to trim trees upon and 26O overhanging the streets, alleys, sidewalks and public places of the City, so as to prevent the branches of such trees from coming in con- tact with the wires or cables of the Telephone Company, and when so ordered by the City, said trimming shall be done under the supervis- ion and direction of th~ City Council or of any City official to whom said duties have been or may be delegated. SECTION 7 - ~I'~UAL CASH CONSIDERATION TO BE PAID BY ~ PANY, To indemnify the City for any and all possible damages to its streets, alleys, and public grounds which may result frown the placing and main- tenance therein or thereon of the Telephone Company,s poles, conduits, or other telephone equipment or apparatus, and to compensate the City for its superintendence of this agreement, and as the cash considera- tion for the same, the Telephone Company .agrees to pay to the City an- nually during the continuance of the agreement a sum of money equal to two per cent (2%) of the annual gross receipts for the preceding 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 April 15th~ 1942, and shall equal in anount two per cent (2~) of the gross receipts re- ceived from January l, 1941, to 0ecember 5l, 1941; and thereafter payment shall be made annually on April 15th as herein provided. SECTION 8 - PAY~A~ OF CASH CONSIDERATION TO BE ~ LIEU OF A~IY' OTHER The City agrees that' the consideration set forth in the preceding sec- tion 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, specihl or other character of tax; and in lieu ofany imposition other than the usual gen~ eral or special ad valorem taxes now or hereafter l~vied~ Should the City not have the legal power to agree that the payment of the ~oregoing~ 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 nec- essary to the satisfaction of the Telephone Company's obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, and easement or franchise taxes. SEC_TiON ~9 - FACILITIES TO BE FURNIS~D CITY AS ADDITIONAL C0~ISIDER- In addition to the consideration set forth in Section 7, the Tete- phone Company shall hold itself ready to furnish, subject to the use of the 8ity, such wire space as may be required from time to time by the City upon the pbles now owned or hereafter erected by the Telephone Company' in the City for the use of the City's police and fire alarm system~ provided t?~t the required wire space shall not exceed the wire capacity of one cross arm on any one pole. The location on the poles or,this fire and police wire space shall be determined on specific applications, for space, at the t~r~e the appli- cations are received from the City, and will be allotted in accord- ance with the cnsiderations for electrical construction of the United States Department of Commerce, Bureau of Standards. In its wire con- struction on the Telephone Company's poles, the Citywill 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. -~¥~ere conduits are laid or are constructed by the Telephone Company, said company shall hold itself ready to furnish sufficient duct space not to exceed 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 manner as not to. interfere with nor create undue hazard in the operation of the telephone system of the Telephone 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 injuries to persons or property by reason of the construction, maintenance, in- spection or use of the police and fire alarm wires belonging to _the::~Gity, and the City shall insure, indemnify and hold the Tele- phone Company harmless against all such claims, losses, demands, ~ suits and judgments. SECTION 10 - SPACE IN DUCTS NOT ~ 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 attac?n~ents 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 f. urther separate non-con- tingent agreement shall be a prerequisite to such attac?nnents or such use of any duct used by the City, Nothing herein contained shall ob- ligate or restrict the TelephOne Company in exercising its right vol- -mutarily to enter into pole attachment, pole usage, joint ov~nership, and other w~re space em.d facilities agreements with light and power companies mud with other wire using companies which my be privileged to operate within the City. SECTION 11 ~ PERIOD OF TT~,[E OF THIS ORDINANCE - TE~INATION. 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 .EXCLUSmVE- PRIVILEGES CONFERRED BY ~IS ORDINANCE. Nothing herein contained shall be construed as g.iving to the Telephone Company any exclusi~ privilege. SECTION.:13~ ~ SUCCESSORS AND ASSIGNS. The rights, powers, limitations, duties and restrictions herein ore- vided for shall inure to and be binding upon the parties hereto a~d upon their respective successors and assigns'. SEC_~ T!_0~ i_. ~ ~ P~TI~ IN~fALID!TY AlqD REPEAL PROViSi0~S. If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or unconstitutional, such invalidity shall not affect the v~lidity of the remaiD, ing portions of this ordinance. All ordinances and agreements and parts of or- dinances and agreements in conflict herewith a~ hereby repealed. ~ECTION t_ _5. - A_CCEPTA_N_CE~F The Telephone Compeny shall have sixty (60) days fY-om and after the passage and approval of this ordinance to file its written acceptance thereof with the City ~ecretary, and upon such acceptance being filed, this ordinance shall take eff6ct and be in force from and after the date of its passage and approVal by the ~.~ayor and s.hall effectuate and make binding the agreement provided by the terms hereof. APPR0~D this i7th day of November, A. D. 19gl. Attest: City Secretary. gotm F. DuBose ~-----~y or. Motion by Aldez~aan Osborne, seconded by Alderman ~ialone, that the City co-operate with the State Highway Department in widening Fifth Street paving from Austin-Street to Columbia Street, by putting in the curb and gutter. The motion was carried and it was so ordered. Motion by Alderman Kiker, seconded by Alderman Peer, that Bob Cobb be appointed to fill the vacancy in the Board of City Development for the following term, such vacancy made by the resignation of E. K. 'Hufstedler which was accepted. The motion was carried and it was so ordered.