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HomeMy WebLinkAboutORD 12.15.1949 - Franchise FRANCHISE ORDINANCE AN ORDINANCE OF THE CITY OF GEORGET01VN m TEXAS, GRANTING TO THE SOUTHWESTERN STATES TELEPHONE COMPANY, ITS SUCCESSORS OR ASSIGNS, A FRANCHISE TO USE THE STREETS, AVENUES, ALLEYS AND OTHER PUBLIC PLACES_ F THE SAID CITY FOR THE PERIOD, OF 15 YEARS WITH THE RIGHT, PRIVILEGE AND AUTHORITY TO CONSTRUCT, OPERATE AND MAINTAIN ITS TELEPHONE LINES ALONG, UNDER2 OVER AND ACROSS SUCH STREETS, ALLEY'S, AVENUE a,AND PUBLIC PROPERTY OF THE SAID CITY, FIXING THE CONSID" ERATION AND CONDITIONS FOR SUCH GRANT, REPEALING ALL ORDINANCES IN CONFLICT HEIREWITH, AND 'DECLARING AN EMERGENCY. BE IT ORDAINED BY'THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS lst. That THE SOUTHWESTERN STATES TELEPHONE COMPANY, its successors or assigns, shall be and is hereby granted the right in the City of Georgetown, Texas, to conduct within said City, a business of furnishing telephone service and any business incl - dent thereto, and to install, maintain, operate and conduct a telephone system, and to construct and maintain all poles, 'vires, cables, and other fixtures and all other telephone apparatus of whatsoever nature necessary or proper for the furnishing of telephone service on, along, across, over and under all of the streets, avenues, alleys, and other public places of the said City for the purpose of conducting its said business. That this grant of the right to use the said streets, avenues, alleys, and other public property, of the said City, shall be subject to the right of the City to control the use of said streets, avenues, alleys and other public property, and subject to the rights of the said City to exercise reasonab.Le supervision and direction as to and over the proper exercise of the rights herein granted, in thematter of placing and maintaining poles, wires, cables, and other fixtures on, over, under, and across such streets, avenues, alleys and other public property of the said City. 2nd. That the franchise here granted shall, be and continue in force for a period of 15 years from and after the date of the passage of this ordinance. 3rd. That the said poles, wires, cables, underground conduits and other apparatus used by the said grantee, THE SOUTHWESTERN STATES TELEPHONE COMPANY, its successors, or assigns, in the conduct of the said business shall be so placed and maintained, at all times, so as not to interfere with travel on and along said streets, avenues, alleys, and public grounds, and so as not to unreasonably interfere with any other proper use of such streets, avenues, alleys and other public property, 25 to the .injury or damage of any person, firm or corporation that may be wrongfully injured. thereby. That the operation of a telephone system in the. City of Georgetown, Texas, by THE SOUTHWESTERN STATES TELEPHONE COMPANY, or its successors or assigns, after the passage of this ordinance shall be held to be an acceptance by the said ti. telephone company, and its suct,essors or assigns,, of the rights and franchise herein granted, subject to all of the terms and conditions herein specified, and in accepting the ,said franchise, THE SOUTH- WESTERN STATES TELEPHONE C010ANY, and its successors and assigns, shall became bound and obligated to the City of Georgetown, Texas, to hold the City of Georgetown, Texas, free and harmless from any and all damage,cost and expense in any manner occasioned it by or growing out of the operation of such telephone system within said Citye 4th e That THE SOUTHWESTERN STATES TELEPHONE COMPANY, its successors or assigns, shall., at all times after the passage of rm this ordinance, and the acceptance of the rights granted herein, keep and maintain its plant and system-infirstclassopersting condition, act of God, public enemy, strikes, and other unavoidable accidents excepted, and shall furnish-and render service to all individuals, firms or corporations within the corporate limits of the said City of Georgetown, Texas, in accordance with all reasonable rules and regulations of the said Clay, and in compliance with the laws of the State of.Texase That the failure of said Telephone Company to keep.its plant in above mentioned condition shall be grounds for forfeiture of this franchise, by a proceeding for that purpose in a court of competent jurisdiction. Such proceeding shall not be instituted until after thirty (30) days notice in writing by the City has been given to the local manager of the Telephone Company of the matters complained of 5th® That in accepting this franchise, THE SOUTHWESTERN STATES TELEPHONE COMPANY agrees, binds and obligates itself to pay to the City of Georgetown,;Texas$ as compensation for the rights hereby granted, an amount equivalent to two percent (2%) of the gross revenues received by the said Telephone Company from exchange station service rendered within the city and from exchange station 26 service of the same character as city service rendered to subscribers adjacent to the city, during the preceding three months. That the said compensation shall be due and payable each three months, beginning with the lst day of January, A.D., 1949, and each such installment of compensation shall be paid to the City Treasurer within thirty (30) days from the due date thereof. That in no event shall any quarterly payment be for a.<less sum than One Hundred Dollars ($100,00). That the said Telephone Company shall, at or before the time of the making of the said payments, make and file with the City Treasurer of said City, a complete statement and report, showing the gross receipts of said Tele- phone Company for the preceding three monthsl That in addition to the said reports, the said City shall at all reasonable times have the right to examine, inspect, and audit the books and accounts of the said Telephone Company, in determining the amount of compensation due by said Telephone Company to said City. That all of this provision shall also apply to each successor of said Telephone Company operating hereunder. kith. That in consideration for the payment:of said compensation, for the use,of the streets, avenues, alleys and other public property in said City, as herein provided, the City contracts and agrees that said compensation shall be paid and received in lieu of any and all ether license, fees, service charge, exchange service, or other charge, by the City, for the use of said streets, avenues, alleys, and other public property and the same shall be full compensation for the privilege of doing business within the said City; provided, however, that the same shall not be held to cover or to include any ad valorem taxes that may be due or that may hereafter become due to said City from: said Telephone Company, its successors or assigns* 7th. That all ordinances, and parts,of ordinances, in conflict herewith are hereby repealed. 8th. That the fact that THE SOUTHWESTERN STATES T: LE: PHONE compANY Is now operating within the City of Georgetown, Texas, without a franchise creates an emergency and public li necessity that this ordinance be promptly passed, and that the rules requiring that ordinances be read ,at -three separate meetings before passage are hereby suspended$ and this ordinance is here and A passed and is ordered to take effect from and after the passaes PASSED AND APPROVED THIS THE FIFTEENTH DAY OF DECEMBER, A ®D. , 1949s 2 ATTEST° City Secretary, City of Georgetown, `.texas .