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Ordinance No. 7800RNNANCZ No,... 78.0 AN ORDINANCE AMENDING TELEPHONE .FRANCHISE AGREEMENT BETWEEN CITY. OF GOOSE CREEK, TEXAS, NOW BAYTOWN, TEXAS, AND SOUTHWESTERN ASSO- CIATED TELEPHONE COMP'LNY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTHWEST,. APPROVED. APRIL 1, 1946; AUTHORIZING EXTENDED. AREA SERVICE IN LIEU OF STRICTLY LOCAL SERVICE;.PROVIDING FOR DELEGATION OF AUTHORITY., RATE REGULATION, AN ANNUAL PAYMENT FOR THE RIGHT .TO USE CERTAIN .FACILITIES, REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. BE IT ORDAINED BY THE :CITY. COUNCIL OF THE CITY. OF BAYTOWN, TEXAS SECTION :1. AMEN=NIT OF TELEPHONE: FRANCHISE That .certain Ordinance of the City. of Goose .Creek � (now Baytown), Texas, ordained by the City Council on April 1, 1946, as Ordinance No. 7, and entitled: "AN ORDINANCE WHEREBY THE CITY OF GOOSE CREEK, TEXAS, AND THE SOUTH- WESTERN ASSOCIATED TELEPHONE. COMPANY AGREE THAT '.THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAINITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLATT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS ON,. OVER, THROUGH, ABOVE AND UNDER ALL 'PUBLIC STREET'S., AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGU- LATIONS AND RESTRICTIONS AND THAT THE CITY SHALT, RECEIVE AN ANNUAL PAYMENT. AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED:" . be,. and the same is'hereby, amended as follows: (1) Section l of such .Ordinance No. 7 is hereby repealed and, in. lieu thereof, such Section shall henceforth read as follows: SECTION .1. CONSTRUCTION 'AND' MAINTE=gCE OF TELEPHONE" PLANT AND SERVICE That the right, privilege .and franchise be, and the'same is L 4. hereby,,granted to General Telephone Company of the Southwest,: herein- after referred to as the: "Telephone Company ",.and its successors or assigns,.subjedt to the terms and conditions hereinafter set forth,.. to construct, erect,. build, equip, own, maintain and operate in, along,, under, over and across the streets, alleys, avenues, bridges,. viaducts and public grounds of the City, posts, poles, wires, conduits and other appliances, structures and fixtures necessary or convenient for rendering telephone .and other communication service and for con- ducting a general local and long - distance telephone business. The . RO ' XERO RO XERO! 'COPY! \COPY: COPY a Telephone Comydny is he-eby .duthoriZcd to provide .faoiiitiea' and equipment for the'.furnishing of extended area service between the exchange service areas of the Baytown telephone exchange and the telephone .exchanges of Highlands and the following -named areas of the Houston Metropolitan Exchange: Central Zone,'.Channelview, Deer Park and La Porte,'. as such 'exchanges -are now or may hereafter be constituted. The .Telephone Company is.authorized to provide such. extended area service .in its. Baytown, Texas exchange in lieu of purely local exchange .service,.it being intended that the Telephone Company shall not be required to provide extended area service and purely local exchange service .upon a selective basis. "Extended area service "., as used herein, means the'.implementation of telephone service by the Telephone Company to its subscribers in the .service .area of its Baytown, Texas exchange whereby they may not only call and be. called by one another, without specific. charge .therefor,,as under a purely local exchange service, but whereby they may also call and be called by subscribers of one,. or more or all of the 'connecting exchanges hereinabove enumerated without specific charge therefor. (2) section 7 of such Ordinance No. 7 is'hereby repealed and, in lieu thereof, such Section shall henceforth read as follows: SECTION :7. ANNUAL CASH" CONSIDERATION' TO BE PAID BY THE' TELEPHONE COMPANY That to indemnify the City for any and all possible .damages to its streets,,alleys, and public grounds which may result from the placing and maintenance 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. consideration for the same, the Telephone Company agrees to pay to the City annually during the continuance .of this agreement . a sum of money equal to two per cent .(20) of the annual gross receipts for the preceding year received by the Telephone Company from the rendition to subscribers located within the corporate limits of the City of local exchange and extended area telephone .transmission service. 2 �- zr_�+nj XrRO XERO X[RO nf-y :COPY; (COPY ^orY A603 , J Telephone Comydny is he-eby .duthoriZcd to provide .faoiiitiea' and equipment for the'.furnishing of extended area service between the exchange service areas of the Baytown telephone exchange and the telephone .exchanges of Highlands and the following -named areas of the Houston Metropolitan Exchange: Central Zone,'.Channelview, Deer Park and La Porte,'. as such 'exchanges -are now or may hereafter be constituted. The .Telephone Company is.authorized to provide such. extended area service .in its. Baytown, Texas exchange in lieu of purely local exchange .service,.it being intended that the Telephone Company shall not be required to provide extended area service and purely local exchange service .upon a selective basis. "Extended area service "., as used herein, means the'.implementation of telephone service by the Telephone Company to its subscribers in the .service .area of its Baytown, Texas exchange whereby they may not only call and be. called by one another, without specific. charge .therefor,,as under a purely local exchange service, but whereby they may also call and be called by subscribers of one,. or more or all of the 'connecting exchanges hereinabove enumerated without specific charge therefor. (2) section 7 of such Ordinance No. 7 is'hereby repealed and, in lieu thereof, such Section shall henceforth read as follows: SECTION :7. ANNUAL CASH" CONSIDERATION' TO BE PAID BY THE' TELEPHONE COMPANY That to indemnify the City for any and all possible .damages to its streets,,alleys, and public grounds which may result from the placing and maintenance 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. consideration for the same, the Telephone Company agrees to pay to the City annually during the continuance .of this agreement . a sum of money equal to two per cent .(20) of the annual gross receipts for the preceding year received by the Telephone Company from the rendition to subscribers located within the corporate limits of the City of local exchange and extended area telephone .transmission service. 2 �- zr_�+nj XrRO XERO X[RO nf-y :COPY; (COPY ^orY UuJX , The .first pzX=en:t hereunder shall be 'made March '31, ,1966, and shall, equal an arra nt to tiro per ceHt:(2. %) 0-g the gross receipts received from the date of passage of this ordinance .to December 31, 1965; and thereafter payment shall be 'made 'annually on March .31st, as herein provided. (3) Such .Ordinance No. 7 is. further amended by .supple meriting the'.same by addition of Sections 18, 19 and 20, which such Sections-shall read as follows: SECTION 18. DELEGATION OF AUTHORITY That the'City 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 law which relate to the supervision and regulation of the Telephone Company in its exercise of the rights and franchises herein conferred, but the . governing body of the .City of Baytown,-.Texas shall reserve to itself exclusively the power to fix and regulate charges and rates: of the Telephone Company to. the full extent that such power is provided by law and this franchise. All lawful powers not delegated by the governing body of the City. of Baytown, Texas are reserved to, and shall be exercised by, said governing body exclusively. At all- reasonable .times, during the continuance of the . rights.herein granted, the local exchange and general offices of the Telephone'Company shall be open to the said governing body or its designated official for inspection of original contracts, books of account and cost operating records pertaining to its operations covered by this franchise.. Any method of accounting heretofore or hereafter adopted or authorized by any law of the'United States or of the State of Texas or under or pursuant to the authority of any such law shall be.'.deemned proper and sufficient accounting as to all matters covered thereby. SECTION 19. RATE' REGULATION That .it is mutually understood and agreed that the rates to be charged to inhabitants of the City of Baytown, Texas for 3. ;xERO� XEROX 'xr_r.OY CCPY ' +:xcnn -- -- - — „.�:. 8,1 ax oncided area service 10 lieu of Orictiy local "Charge.:so"Ce7' shall be 'fi.xed and Z901 "a "y the 'gover"N body of said. City of Baytown, 64as (provided such City.,' at such lime/ retains statutory rate -mak #q authority) in .accordance 'With'the .statutes' and laws of the State. of Texas; provided, dwever, that such rates and charges shall he sufficient .to: provide :the .Telep Ve Company with 'a fair return on the '.fair Value of its.property used and useful in the rendition of such 'telepho.ne 'seivices to the subscribers in the Raytown Texas exchange SECTION' 20; DISCONTIiCUANCE OR INTER237710\' 0^ EXTEITDED- ARE2%' SERVICE Discontinuance-or in.terrupticn of all or any ,portion of the extended area service requested and authorized hereby shall not be grounds for forfeiture 'of this -franchise, provided such '.discontinuance or interruption resulta from causes beyond the.contol of the Tele- phone Compann includipg acts or omissions by the owner or owners of. connecting exchange .or eichangei participating in the rendition of such.eitended area service.. SEC=C) - %' 2. ACCEDTINCE OF AGREEYENT. That the Telephone .Company shall have.thirty. (3Y days from and after the passage and approval of this ordinance to file its written acceptance ' Wreof with the City Sccretaxy, .and upon acceptance being filed,. ,this ordinance 'shall take effect and be in force from, and after th e'date 'of its. passage .and approval by the Mayor, and shall effectuate 'and make binding the '.agreement provided by the 'terms hereof. SECTION 31 PARTIAL 7N7ALi.DITY That if any section, sentence,: clause,' or phrase 'of this - ordinance :is` for any reason held to be 'illegal, ultra vi=es' or. unconstitutional, such invalidity shall not affect the: validity of the reriaining portions oi this ordinance All ordinances and agree -. melts and parts of ordinances and agreements in conflict herewith are hereby repealed. 4. rv��o. ',repo" icoPV - Rrprr; XERO XVRO CU, CUPY Q :S�rn „� V ULL ".in . OfiaX �OPl3X SECTION A. REPEAL' 'OE CO�FS�ICTT�IC ORDINANCES That all ordinances. and /or Parts of ordiriaftceg in conflict herewith are hereby repealed to. the extent of the conflict. ....... 196. APPROVED. this day of a. Mayan ATTEST:. a City 5. .ERO %cn0' XERO- COPT .... YI�I70 The alcove and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the 24th day of February, 1966, at a regular session of the City Council. Seaborn Cravey idayor, voting Frye_ Hobert Barnes Councilman, voting __ kye Don �i. Hullum Councilman, Voting �:ye i. I. Braswell Councilman, Voting _ Aye Raymond `f. Donnell Councilman, Voting Aye Councilman, Voti The above and foregoing ordinance read, adopted on the secon6 reading and passed to the third reading by the following votes, this the 10th day of i.iarch, 1966, at a regular session of the City Council. 3eabornCravey i,layor, voting fye em Iriassey Councilman, voting E: e i. i,i. Braswell Councilman, voting iAV e Raymond T. Donnelly Councilman, voting Aye Councilman, voting The above and foregoing ordinance read, adopted on the third reading by the following votes, this the 24th day of iaiarch, 1966, at a regular session of the City Council. Seaborn Cravey mayor, voting Stye Clem ;Qassey _ Councilman, voting Nye Don J. Hullum A. 4. Braswe J. C. Huron Councilman, voting Aye Councilman, voting E.ye Councilman, voting_ Aye Ray_mond T. Donnelly Councilman, voting j-.ye T STr; ' OF TDL',� j. COUNTY OF ili Rll I � I I, Edna Oliver, City Cleric of the City of Baytown, Texas Co hereby certify that the above an6 foregoing is a true and correct copy of the franchise granted by the City of Baytown, Texas to General Telephone Company of the Southwest at three separate readings, as inct.icated herein. The same is now recorded in Volume 9, Pages 4124 -4128, of the Ordinance Records of Baytown, Texas. (S Lt, L) i'JTNLSS ;YiY WNJ this the 24th day of .larch, 1966. .,A__/ ,4 Edna Oliver, City Clerk 6.