1983-111 NOTE Pre-empted by Ordinance No 96-253
NO
AN 0RDINANCB WHEREBY THE CITY OF DENTON, TEXAS, 6RANTS THE
RIGHT, PRIVILEGE AND FRANCHISE TO GENERAL TELEPHONE COMPANY OF
THE SOUTHWBST, GRANTEE, AND ITS SUCCESSORS AND ASSIGNS, TO
CONSTRUCT, ERECT. BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN,
ALONG, UNDER, 0VBR AND ACROSS THE PUBLIC STREETS, AVENUES,
ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF SAID CITY, SUCH
POSTS, POLES. WIRES, CABLES. CONDUitS AND OTHER APPLIANCES,
STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF
TELEPHONE AND 0THBR COMMUNICATION SERVICE AND FOR CONDUCIING A
GENERAL LOCAL AND LONG DISTANCE TELEPHONE BUSINESS, SET£ING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE, PROVIDING
FOR AN ANNUAL PAYMENT IN LIEU OF CERTAIN OTHER PAYMENTS,
PROVIDING FOR REGULATION AND USE OF THE FELEPHONE SYSTEM, AND
PROVIDING FOR THE REPEALING OF CONFL1CTING ORDINANCES AND FOR
PARTIAL INVALIDITY
WHEREAS, General Telephone Company of the Southwest,
hereinafter referred to as the "Telephone Lompany", ts now and
has been engaged in the telephone and communication business
the State of Texas and within the city limits of the City of
Denton, Texas, hereinafter referred to as the "City", and in
furtherance thereof, has erected and maintained certain items of
its plant, 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 parties establishing the conditions under which the
2elephone Company shall operate within the City, Now, 2herefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE LITY OF DENTON, TEXAS,
THAT
SECTION I GRANt OF RIGHT, PRIVILEGE AND FRANCHISE FOR
CONSTRUCTION AND MAINTENANCE OF TELEPHONE
PLANT AND SERVICE
There is hereby granted by the City to the Telephone Company
and its successors or assigns, the right and privilege to
construct, erect, build, equip, own, maintain and operate in,
along, under, over and across the streets, alleys, avenues,
bridges, viaducts and public grounds now within the present
limits of the City and within said limits as the same from time
to time may be extended, such posts, poles, wires, cables,
conduits and other appliances, structures and fixtures necessary
or convenient for rendering telephone and other communicat~on
services and for conductng a general local and long distance
telephone business
PAGE 1
SECTION II SUPERVISION BY CITY OF LOCATION O~ POLES AND
CONDUIT
That all poles to be placed shall be of sound mater~al and
reasonably straight, and shall be so set that they will not
interfere with the flow of water ~n any gutter or dra~n, and so
that the same w~ll Interfere as little as practicable with the
ordinary travel on the street or sidewalk The location and
route of all poles, stubs, guys, anchors, condu~ts and cables to
be placed and constructed by the Telephone Company ~n the
construction and maintenance of ~ts telephone system ~n the
City, and the location of all conduits to be la~d by the
Telephone Company w~th~n the limits of the C~ty under th~s
ordinance, shall be sub0ect to the reasonable and proper
regulation, control and d~rect~on of the C~ty Council or of any
C~ty official to which such duties have been or may be
delegated All construction plans shall be submitted to the
City for review prior to commencing construction
SECTION III STREETS TO BE RESTORED TO GOOD CONDITION
That the surface of any street, alley, h~ghway or public
place w~th~n the City d~sturbed by the Telephone Company ~n
building, constructing, renewlng or maintaining its telephone
plant and system shall be restored w~thln 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 of the surface of sa~d street, alley, h~ghway or
public place is broken for such construction or maintenance
work, after which t~me the responsibility for the maintenance
shall become the duty of the C~ty No such street, alley,
h~ghway or public place shall be encumbered for a longer per~od
than shall be necessary to execute the work
SECTION IV OPERATION AND MAINTENANCE OF TELEPHONE PLANT
That the Telephone Company shall maintain its system ~n
reasonable operating condition in accordance w~th Texas Public
PAGE
Utility Commission Service and Transmission Standards at all
normal t~mes 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 within its
power to do, to restore normal service
SECTION V TEMPORARY REMOVAL OF WIRES
That the telephone Company on the request of any person
shall remove or raise or lower ~ts wires within the City
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 benefited party or
part~es, and the Telephone Company may require such payment ~n
advance The Telephone Company shall be g~ven not less than
forty-eight (48) hours advance notice to arrange for such
temporary wire changes The clearance of wires above ground or
rails within the City and also underground work shall conform to
the basic standards of the National Electrical Safety Code,
National Bureau of Standards, United States Department of
Commerce, as promulgated at the time of erection thereof
ShCTION VI TREE TRIMMING
That the right, license, privilege and permission is hereby
granted to the Telephone Company, its successors and assigns, 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 d~rect~on of
the City Council or of any City official to whom said duties
have been or may be delegated
SECTION VII ANNUAL CASH CONSIDERAIION fO BE PAID BY THh
TELEPHONE COMPANY
That to ~ndemnlfy the City for any and ali possible damages
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to its streets, alleys, and public grounds which may result from
the placing and maintenance there~n or thereon of the Telephone
Company's poles, conduits, or other equipment or apparatus, and
to compensate the City for its superintendence of th~s
agreement, and as the cash consideration for the same, the
Telephone Company agrees to pay to the C~ty annually during the
continuance of th~s agreement a sum of money equal to two
percent (2%) of the annual gross receipts for the preceding year
received by the Telephone Company from the rendition of local
exchange telephone transmission serwce to customers within the
corporate limits of the C~ty The f~rst payment hereunder shall
be made March 31, 1984, and shall equal in amount to two percent
(2%) of the gross receipts received from the date of January 1,
1983 to December 31, 1983, and thereafter payment shall be made
annually on March 31st, as here~n prowded
SECTION VIII PAYMENT OF CASH CONSIDERATION TO BE IN LIhU
OF ANY OTHER PAYMENTS hXCEPT USUAL GENERAL
OR SPECIAL AD VALORhM TAXES
That the City agrees that the consideration set forth in the
preceding section hereof shall be paid and received xn l~eu of
any tax, license, charge, fee, street or alley rental or any
other character or charge for use and occupancy of the streets,
alleys, and publ,c places of the C~ty, 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, except as provided in
Section XIVV here~n, other than the usual general or special ad
valorem taxes now or hereafter lev~ed Should the C~ty not have
the legal power to agree that the payment of the foregoing cash
consideration shall be in lieu of the taxes, l~censes, charges,
fees, rentals, and easement or franchise taxes aforesaid, then
the City agrees that ~t w~ll apply so much of said payment as
may be necessary 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
PAGE 4
SBCTION IX FACILITIES TO BB FURNISHED CITY AS ADDITIONAL
CONSIDERATION
That in addition to the consideration set ~orth ~n Section
VII, the Telephone Company shall hold ~tself ready to furnish,
subject to the use of the C~ty, such w~re space as may be
required from t~me to t~me by the City upon the poles now owned
or hereafter erected by the Telephone Company ~n the C~ty for
the use of the C~ty's police and f~re alarm system, prowded
that the required w~re space shall not exceed four w~res on any
one pole The location on the poles of th~s fire and police
w~re space shall be determined on specific applications for
space, at the t~me the applications are received from the C~ty,
and will be allotted ~n accordance with the considerations for
electrical construction of the On,ted States Department of
Commerce, Bureau of Standards In ~ts w~re construction on the
Telephone Company's poles, the C~ty w~ll follow the suggestions
and requirements la~d down for w~re construction ~n the Rules
and Regulations of the Bureau of Standards of the United States
Department of Commerce All such w~res shall be constructed,
maintained and operated in such manner as not to ~nterfere w~th,
nor create undue hazard ~n, the operation o~ the telephone
system of the Telephone Company The Telephone Company shall
not be responsible to the City for any claims, demands, losses,
su~ts, judgments for damages or ~n~ur~es to persons or property
by reason of the construction, maintenance, Inspection or use of
the police and f~re alarm w~res belonging to the C~ty
SECTION X ATTACHMENTS ON POLES NOT HERE AFFECTED
That nothing ~n th~s ordinance contained shall be construed
to require or permit any electric l~ght or power w~re attach-
ments by the C~ty or for the C~ty, except that cable trenches
shall be shared w~th the C~ty where englneer~ngly feasible If
l~ght or power attachments are desired by the Cxty or for the
C~ty, then a further separate noncont~ngent agreement shall be a
prerequisite to such attachments by the C~ty, however, 3o~nt use
of poles under a separate agreement must be permitted Nothing
PAGE 5
here~n contained shall oblxgate or restrxct the Telepone Company
~n exercising ~ts r~ght voluntarily to enter tnto pole attach-
ment, pole usage, jotnt ownership, and other wtre space and
factltt~es agreements w~th the l~ght and power companies and
wtth otherwise using companies whtch may be pnwleged to
operate w~th~n the C~ty
SECTION XI NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS
ORDINANCE
That nothing herein contained shall be construed as g~v~ng
to the Telephone Company any exclusive privileges, and th~s
franchise ~s granted sub3ect to all of the pro¥~s~ons of the
Charter of the City of Denton
SECTION XII SUCCESSORS AND ASSIGNS
That the r~ghts, powers, l~mltat~ons, duties and restrictions
here~n provided for shall ~nure to and be binding upon the
parties hereto and upon their respective successors and assigns
SECTION XIII LIABILITY OF CITY
That during the period this ordinance is in existence and
en3oyed by the Telephone Company, the Telephone Company shall
~ndemn~fy and hold harmless the C~ty from any and all claims for
losses, damages and ln3urles occasioned to or sustained by any
persons, firms or corporations, or their property by reason of
the existence, maintenance, operation or continuance of this
ordinance and the exercise of all r~ghts here~n contracted for,
except as herein otherwise provided
SECTION XIV PERIOD OF FRANCHISE
That the rxght, prxvxlege and franchxse hereby granted shall
be for a perxod of twenty (20) years from and after xts
effectxve date herexn after prowded
SBCTION XV BREACH OF AGREEMENT
If the Cxty shall belxeve that the Telephone Company has
breached any prov~sxon hereof, the Cxty shall gxve wrxtten
notxce thereof to the Telephone Company spec~fxcally poxntxng
out the breach complaxned of and the Cxty shall take no further
actxon, legal or otherwxse, by reason of any such breach unless
PA6E 6
and until the telephone company shall have failed to take steps
to elxm~nate such breach for a perxod of s~xty (60) days after
sa~d written notxce xs given
SECTION XVI PARTIAL INVALIDITY AND R~PEAL PROVISION
That ~f any section, sentence, clause, or phrase of thxs
ordinance ~s for any reason held to be ~llegal, unrra wres or
unconstitutional, such invalidity shall not affect the valxd~ty
of the remaining portions of thxs ordinance and agreements ~n
conflict herewith are hereby repealed
SECTION XVII DELEGATION OF AUTHORITY
That the C~ty may delegate to a designated official or
officials the exercise of any and all of the powers conferred
upon the City hereby or by applicable State statutes and laws
which relate to the superv~sxon and regulation of the Telephone
Company ~n ~ts exercise of the r~ghts and franchises herein
conferred, but the governxng body of the C~ty shall reserve to
· tself exclusively and to the full extent possessed, all powers,
~f any, to f~x and regulate charges and rates of the Telephone
Company g~ven the C~ty by law and this franchise All lawful
powers not delegated by the governing body of the Cxty are
reserved to, and shall be exercised by, said governing body
exclusively
That at all reasonable times, during the continuance of the
r~ghts herein granted, the local exchange and general offices of
the Telephone Company shall be open to the sa~d governing body
or xts designated official for inspection of original contracts,
books of account and cost operating records pertaining to ~ts
operations covered by thxs franchise Any method of accounting
heretofore or hereafter adopted or authorized by any law of the
Un~ted States or of the State of 1exas or under or pursuant to
the authority of any such law shall be deemed proper and
sufficient accounting as to all matters covered thereby
SECTION XVIII RATE REGULATION
That ~t ~s mutually understood and agreed that any
regulation or fixing of rates to be charged by the Telephone
PAGE 7
Company to the inhabitants of the City shall be pursuant to
authority granted by the Public Utility Commission of the State
of Texas, and ~n accordance w~th the laws of sa~d State ~n
effect at such t~mes, provided, however, that ~f the Telephone
Company makes an application to change ex~st~ng rates the
Telephone Company agrees to reimburse the C~ty of Denton or
reasonable fees and expenses of any ~ndependent study and
evaluation of the proposed rates by consultants, engineers, and
attorneys specially employed by the C~ty
That nothing ~n th~s ordinance ~s ~ntended to add to or
detract from any authority granted by the Legislature of the
State of Texas to the C~ty to f~x or otherwise regulate the
rates and charges of the Telephone Company
SECTION XVlX ACCEPTANCE OF AGREEMENT
That the Telephone Company shall have s~xty (60) days from
and after the passage and approval of thxs ordinance to f~le ~ts
written acceptance thereof wzth the C~ty Secretary, and upon
such acceptance bexng fxled, th~s ordinance shall take effect
and be zn force from and after the date of ~ts passage and
approval by the Mayor, and shall effectuate and make b~nd~ng the
agreement provided by the terms hereof
PASSED AND APPROVED this the ~7'~day of~1985
PASSED AND APPROVED th~s the C~ay of 985
PASSED AND APPROVED th~s the Z/Tlc- day of ~, 1985
I-_
~Iq~RD Ol STEW~, ~YOR~
ov r xas
ATTkST
C Gl'FY SECRETLY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
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