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Ordinance No. 916ORDINANCE NO. 916 AN ORDINANCE AMENDING TELEPHONE FRANCHISE AGREEMENT BETWEEN CITY OF GOOSE CREEK, TEXAS, NOW BAYTOWN, TEXAS, AND SOUTH- WESTERN ASSOCIATED TELEPHONE COMPANY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, APPROVED APRIL 1, 1946; AUTHORIZING EXTENDED AREA SERVICE . TO INCLUDE THE MONT BELVIEU TELEPHONE EXCHANGE, 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 AMENDATORY ORDINANCE NO. 780 AND OTHER CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. BE IT ORDAINED , TEXAS: SECTION 1. AMENDMENT 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 SOUTHWESTERN ASSOCIATED TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CON- TINUE TO ERECT AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON OVER, THROUGH. ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL 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 1. of such Ordinance No. 7 is hereby repealed and, in lieu thereof, such Section shall henceforth read as follows: SECTION 1. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE That the right, privilege and franchise be, and the same is hereby, granted to General Telephone Company of the Southwest, hereinafter referred to as the "Telephone Company ", and its successors or as- signs, subject 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, con- duits and other appliances, structures and fixtures necessary or convenient for rendering telephone and other communication service and for conducting a general local and long distance telephone busi- ness. The Telephone Company is hereby authorized to provide faci- lities 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, Mont Belvieu, and the following -named areas of the Houston Metropolitan Exchange: Central Zone, Channelview, Deer Park and La Porte, as such ex- changes are now or may hereafter be constituted. The Telephone Company is authorized to provide such extended area service in its Baytown exchange in lieu of purely local exchange service, it being intended that the Telephone Company shall not be re- quired 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 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 plac- ing and maintenance therein or thereon of the Telephone Company's poles, conduits, or other telephone equipment or apparatus, anal 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 (2%) of the annual gross receipts for the preceding year received by the Telephone Company from the rendition to subscribers located within the cor- porate limits of the City of local exchange and extended area telephone transmission service. The first payment hereunder shall be made March 31, 1969, and shall equal in amount to two per cent (2%) of the gross receipts received from the date of passage of this ordinance to December 31, 1968; and thereafter payment shall be made annually on March 31st, as herein provided. -2- (3) Such Ordinance No. 7 is further amended by supplementing 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 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 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 goven ng 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 deemed 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 for extended area service (in lieu of strictly local exchange service) shall be fixed and regulated by the governing body of said City of Baytown (provided such City, at such time, retains statutory rate- making authority) in accordance with the statutes and laws of the State of Texas; provided, however, that such rates and charges shall be sufficient to provide the Telephone Company with a fair return on -3- the fair value of its property used and useful in the rendition of such telephone services to the subscribers in the Baytown exchange. SECTION 20. DISCONTINUANCE OR INTERRUPTION OF EXTENDED AREA SERVICE Discontinuance or interruption 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 interrup- tion results from causes beyond the control of the Telephone Company, including acts or omissions by the owner or owners of connecting exchange or ex- changes participating in the rendition of such ex- tended area service. SECTION 2. ACCEPTANCE OF AGREEMENT That the Telephone Company shall have thirty (30) days from and after the passage and approval of to file its written acceptance thereof with the and upon acceptance being filed, this ordinance fect and be in force from and after the date of and approval by the Mayor, and shall effectuate the agreement provided by the terms hereof. SECTION 3. PARTIAL INVALIDITY this ordinance City Secretary, shall take ef- its passage and make binding That 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 validity of the remaining portions of this ordinance. All ordinances and agreements and parts of ordinances and agree- ments in conflict herewith are hereby repealed. SECTION 4. REPEAL OF AMENDATORY ORDINANCE NO. 780 AND OTHER CONFLICTING ORDINANCES Amendatory Ordinance No. 780, passed by the City Council of the City of Baytown on the 24th day of February, 1966, amending Ordinance No. 7 of the City of Goose Creek -4- (now Baytown), Texas is repealed with all provisions thereof ceasing to have force and effect from and after the effective date of this ordinance. All other ordinances and /or parts of ordinances in conflict herewith are also hereby repealed to the extent of the conflict. APPROVED this 28 day of March 1968. Seaborn Cravey, Mayor ATTEST: Edna Oliver, City Clerk APPROVED: William R. Laughlin, City Attorney -5- The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the 28 day of March 1968, at a regular session of the City Council. Seaborn Cravey Mayor, voting Aye Patrick Ball Councilman, voting Aye Glen Walker Councilman, voting Aye Don M. Hullum Councilman, A. N. Braswell Councilman, Albert Fanestiel Councilman, Lamar Kelley Councilman, voting Aye voting Aye Aye voting Aye voting The above and foregoing ordinance read, adopted on the second reading and passed to the third reading by the following votes, this the 25 day of April , 1968, at a regular ses- sion of the City Council. Seaborn Cravey Ted L. Kloesel Mayor, voting Aye Councilman, voting Aye Don M. Hullum Councilman, voting Aye A. F. Braswell Councilman, voting Aye Albert Fanestiel Councilman, voting Aye Lamar Kelley Councilman, voting Aye The above and foregoing ordinance read, adopted on the third reading by the following votes, this the 9th day of May , 1968, at a regular session of the City Council. STATE OF TEXAS COUNTY OF HARRIS I, Mna 01 w,e„ , City Clerk of the City of Baytown, do hereby certify that the above and fore- going is a true and correct copy of the franchise granted by the City of Baytown to General Telephone Company of the South- west at three separate readings, as indicated herein. The same is now recorded in Volume 10 , Page , of the Ordinance Records of Baytown WITNESS MY HAND this the 13 day of May , 1968. City Clerk (Seal) ACCEPTANCE WHEREAS, the City Council of the City of Baytown., Texas, did on the 28 day of March 1968, enact an ordinance entitled: "AN ORDINANCE AMENDING TELEPHONE FRANCHISE AGREEMENT BETWEEN CITY OF GOOSE CREEK, TEXAS NOW BAYTOWN, TEXAS, AND SOUTHWESTERN ASSOCIATED TELEPHONE COMPANY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, APPROVED APRIL 1, 1946; AUTHORIZING EXTENDED AREA SERVICE, TO INCLUDE THE MONT BELVIEU TELEPHONE EXCHANGE, 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 AMENDATORY ORDINANCE NO. 780 AND OTHER CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY." and WHEREAS, said ordinance was on the 28th day of March , 1968, duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the City Clerk. NOW, THEREFORE, in compliance with the terms of said ordinance as enacted, approved and attested, the General Telephone Company of the Southwest hereby accepts said ordinance and files this its written acceptance with the City Clerk of the City of Baytown, Texas, in his office. DATED this 16th day of May , 1968. GENERAL TELEPHONE COMPANY OF THE SOUTHWEST By: Vice President ATTEST: SEC.- In',za Acceptance filed in the office of the City Clerk of Baytown, Texas, this � 1 _day of LLk 1968. City Clerk -7- ORDINANCE NO. 916 -A AN ORDINANCE APPOINTING A BOARD SERVE FOR THE YEAR 1968; FIXING FIRST MEETING OF SAID BOARD AND BOARD TO EXERCISE THE POWER AND CONFERRED UPON IT BY THE CHARTE BAYTOWN. OF EQUALIZATION TO THE TIME OF THE AUTHORIZING SAID FULFILL THE DUTIES R OF THE CITY OF WHEREAS, in Article VII, Section 83 of the Char- ter of the City of Baytown, it is provided that the City Council shall each year, prior to the first day of June, appoint three (3) residents of said City who shall be qua- lified voters and real property owners, as the Board of Equalization; said Charter also providing that the Council shall fix the time of the first meeting of said Board of Equalization, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section l: That the following named resident citizens of the City of Baytown, each of whom is a quali- fied voter and a real property owner, are hereby appointed as and shall constitute the Board of Equalization for the current year, to -wit: 1. Charles L. Umholtz 2. Carter H. Miller 3. Truman Cox Said Board shall serve from and after the first day of June, 1968, and as long thereafter as may be necessary to hear, review and determine the value and assessment of all property, both real and personal, within the City of Baytown as said assessments appear on the Tax Roll for the year 1968. Section 2: It shall be the duty of said Board to hear and determine the complaint of any person that assessments of property, as made and returned by the City Assessor -Col- lector, are in excess of the true value of said properties and to review, examine and, if necessary, revise the assessments as returned by the City Tax Assessor - Collector, to the end that all property within the City shall be assessed as fairly and as uniformly as possible. Said Board of Equalization shall have the authority and shall exercise all the powers and fulfill all of the duties granted and conferred upon it by the express provisions of the Charter of the City of Baytown. Section 3: The Board of Equalization shall hold its first meeting on the first day of June, 1968, and thereafter shall convene and adjourn from time to time as long as may be necessary in the premises. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown on this 28th day of March, 1968. SEABORN CRAVEY, Mayor ATTEST: DIVA OLIVER, City Clerk APPROVED: WI.LL1AM R. LAOGHLINV City Attorney