84-6-Ordinance-Granting Franchise to Central Telephone Midstate Company-06/18/1984
ORDINANCE N0. 84- 6
CITY ORIGINAL COPY
AN ORDINANCE GRANTING TO WISE COUNTY TELEPHONE
COMPANY D/B/A CENTRAL TELEPHONE
COMPANY-MIDSTATE. ITS SUBSIDIARIES, AFFILIATES,
LESSEES, SUCCESSORS, AND ASSIGNS, A NONEXCLUSIVE
RIGHT AND PRIVILEGE FOR A PERIOD OF TWENTY (20)
YEARS TO USE THE HIGHWAYS, STREETS, ALLEYS,
BRIDGES, RIVERS AND OTIiER PUBLIC PLACES OF THE
CITY OF SANGER, TEXAS, FOR THE PURPOSE OF
ERECTING, MAINTAINING AND OPERATING A TELEPHONE
SYSTEM, INCLUDING ALL NECESSARY APPURTENANCES,
AND PRESCRIBING CERTAIN TERMS AND CONDITIONS
UNDER WHICH SAID COMPANY IS TO OPERATE,
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BANGER, DENTON
COUNTY, TEXAS:
SECTION I
Wise County Telephone Company d/b/a Central Telephone Company-Midstate, a
Texas corporation, its lessees, successors and assigns (hereinafter referred
to as the "Company") is hereby granted the nonexclusive right and privilege
for a period of twenty (20) years to use the streets, alleys, bridges, rivers
and other public places of the City of Sanger, Texas (hereinafter referred to
as the "City") as the same may exist from time to time, for the purpose of
erecting, maintaining and operating a telephone system, including all
necessary appurtenances, and to use, jointly or otherwise, the property of
other companies and to permit other companies to use its property under such
arrangement as such companies and the Company may agree upon.
SECTION II
All poles, wires, cables, conduits or other fixtures installed by the
Company under this ordinance shall be located so as not to interfere
unreasonably with the ordinary travel and use by the public of the highways,
streets, alleys, bridges, rivers and other public places of the City.
SECTION III
No person shall move, over the public ways and places within the City,
any building or other object or take any other action which will necessitate
the relocation of any Company's equipment, without first agreeing to reimburse
the Company for the cost of such relocation, including the cost of maintaining
temporary service during such relocation, and securing a permit from the City.
SECTION IV
The Company shall properly repair or replace any sidewalk or street
surface which may be displaced or damaged by it in the erection and
maintenance of its telephone system. Upon failure of the Company to do so and
after thirty (30) days' notice in writing given by the City to the Company,
the City may repair or replace such portion of the sidewalk or street surface
as may have been disturbed by the Company and collect the costs so incurred
from the Company.
SECTION V
The Company is hereby granted the right to trim trees upon and
overhanging the highways, streets, alleys, bridges, rivers and other 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 Company.
SECTION VI
The City hereby expressly reserves the right
or resolution, reasonable regulations for the
protection of its inhabitants under the police
hereafter exists in the City.
SECTION VII
The Company will provide Extended
its General Customer Services Tariff
Commission of Texas. Any modification
achieved under the provisions of the
Procedure,
to establish,
convenience,
power as the
by ordinance
safety and
same now or
Area Service under the provisions of
as authorized by the Public Utility
of the service thus provided will be
Commission's Rules of Practice and
SECTION VIII
In Consideration of the rights and privileges herein granted, the
Company, its lessees, successors and assigns shall pay to the City, a fee
equal to three percent (3%) of the annual gross receipts received by the
Company from its telephone subscribers for the provision of local exchange
service within the Corporate boundaries of the City, "Gross receipts" shall
not include the following amounts received by the Company from its telephone
subscribers for payment of said three percent (3%) fee; any tax levied
pursuant to a messages tax act or any other similar state law, or any other
fee, charge license, tax or assessment levied upon Company, whether paid by
Company from its subscribers, in addition to the tariff charges otherwise
collected by Company.
Said fee shall be paid to and received by the City as compensation in
full and in lieu of any and all other fees, charges, licenses, taxes or
assessments of whatever nature which shall or may be imposed by the City on
the Company, provided, that if any other fees, charges, licenses, taxes or
assessments (other than ad valorem taxes imposed generally upon real and
personal property and special assessments for special benefits accruing to
property originated by the Board of Local Improvements of the City) shall
hereafter be imposed by the City on the Company, whether paid by the Company
or passed on to and collected by the Company from its customers pursuant to
tariff law or order of the Texas Public Utilities Commission or any other
governmental authority having jurisdiction to permit or require the collection
of such amounts, said fee shall be credited and reduced by an amount equal to
such other fees, charges, licenses, taxes or assessments.
Said fee shall be paid in an annual payment on or before April 1 of each
year for the preceding year's gross receipts received by the Company from
January 1 to December 31,
Beginning on April 1, 1989 and every five (5) years thereafter for the
term of this agreement, the City may review the percent of the annual gross
receipts paid by the Company and may adjust the percent in accordance with,
but not in excess of, the legally allowable limit.
SECTION IX
In the event any section or part of this ordinance shall be held invalid,
such invalidity shall not affect the remaining sections or portions of this
ordinance.
SECTION X
All rights and privileges granted hereunder shall be and remain in full
force and effect for and during the term of twenty (20) years from and after
its effective date, which shall be the date of filing of the written
acceptance of this ordinance by the Company in the manner hereinafter
provided.
SECTION XI
No right or privilege granted hereunder shall become effective until the
written acceptance of this ordinance by the Company has been filed with the
City Clerk within thirty (30) days after such passage and approval of this
ordinance.
APPROVED this 18 th day of
(SEAL)
ATTEST:
June 9 1.984 .
Mayor