Ordinance No. 921ORDINANCE NO. 921
AN ORDINANCE AMENDING AMENDATORY ORDINANCE NO.
916 TO THE TELEPHONE FRANCHISE AGREEMENT BE-
TWEEN THE CITY OF GOOSE CREEK, TEXAS, NOW
BAYTOWN, TEXAS AND THE SOUTHWESTERN ASSOCIATED
TELEPHONE COMPANY, NOW GENERAL TELEPHONE COM-
PANY OF THE SOUTHWEST, PASSED BY A MAJORITY
VOTE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ON THE 28TH DAY OF MARCH, 1968; AUTHORIZING
THE INCLUSION OF THE CROSBY TELEPHONE EXCHANGE
IN THE TELEPHONE COMPANY'S EXTENDED AREA SER-
VICE; PROVIDING FOR ACCEPTANCE OF AGREEMENT BY
THE TELEPHONE COMPANY; AND PROVIDING FOR PAR-
TIAL INVALIDITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
SECTION 1: That certain Amendatory Ordinance
No. 916 passed by a majority vote of the City Council of
the City of Baytown, Texas on the 28th day of March, 1968,
and 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, AP-
PROVED APRIL 1, 1946; AUTHORIZING EXTENDED AREA SER-
VICE, 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 CON-
FLICTING ORDINANCES AND FOR PARTIAL INVALIDITY."
be, and the same is hereby amended as follows:
That portion of Section 1. of such Amendatory
Ordinance No. 916 entitled "CONSTRUCTION AND MAINTENANCE
OF TELEPHONE PLANT AND SERVICE" is hereby repealed and, in
lieu thereof, such portion of such Section shall henceforth
read as follows:
Section 1: 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 assigns,
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, conduits
and other appliances, structures and fixtures necessary
or convenient for rendering telephone and other com-
munication service and for conducting a general local
and long distance telephone business. The Telephone
Company is hereby authorized to provide facilities and
equipment for the furnishing of extended area service
between the exchange service areas of the Baytown tele-
phone exchange and the telephone exchanges of Crosby,
Highlands, Mont Belvieu, 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 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 selec-
tive bases. "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 sub-
scribers of one, or more, or all of the connecting ex-
changes hereinabove enumerated without specific charge
therefor.
SECTION 2: That the Telephone Company shall have
thirty (30) days from and after the passage and approval of
this ordinance to file its written acceptance thereof with
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the City Secretary, and upon acceptance being filed, this or-
dinance shall take effect and be in force from and after the
date of its passage and approval by the Mayor, and shall ef-
fectuate and make binding the agreement provided by the terms
hereof.
SECTION 3: 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 agreements in conflict herewith are hereby
repealed.
n
L ��
APPROVED this C; D day of
1968. Z'
Seaborn Craveyj Mayor,
ATTEST:
c
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City Attorney
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The above and foregoing ordinance read, adopted on first
reading and passed to second reading by the following votes,
this the :_ day of c, 1968, at a regular session
of the City Council.
�� , , `, a
L Mayor, voting
_q ,Q '.'P Councilman,
1&:j'_J n..CL'� Councilman,
voting
voting L�,t
y,v.1 Councilman, voting
Councilman, voting
Councilman, voting
Councilman, voting
The above and foregoing ordinance read, adopted on the second
reading and passed to the third reading by the following votes,
this the 11 day of ��, 1968, at a regular session of
the City Council.
�t ���
l AAA_ Mayor; voting
Councilman,
Councilman,
Councilman,
Councilman,
voting
voting
voting ✓��
c•
voting
Councilman, voting
Councilman, voting
The above and foregoing ordinance read, adopted on the third
reading by the following votes, this the _ day of - P'__1
1968, at a regular session of the City Council.
Mayor, voting
Councilman, voting
z y�
Councilman, voting
x ;
Councilman,
Councilman,
1 Councilman,
Councilman,
STATE OF TEXAS
COUNTY OF HAR1�S
I, LL6___V� j.� , City Clerk of the City of
Baytown, do hereby certify that the above and foregoing is a
true and correct copy of the franchise granted by the City of
Baytown to General Telephone Company of the Southwest at three
separate readings, as indicated herein. The same is now re-
corded in Volume , Page , of the Ordinance Records
of Baytown.
voting
voting
voting
voting
WITNESS MY HAND this the 1�z day of� **,—" 1968.
[SEAL] City Clerk
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ACCEPTANCE
WHEREAS, the City Council of the City of Baytown,
Texas, did on the „� day of �..z._1 1968, enact an
ordinance entitled:
"AN ORDINANCE AMENDING AMENDATORY ORDINANCE NO.
916 TO THE TELEPHONE FRANCHISE AGREEMENT BETWEEN THE CITY
OF GOOSE CREEK, TEXAS, NOW BAYTOWN, TEXAS, AND THE SOUTH-
WESTERN ASSOCIATED TELEPHONE COMPANY, NOW GENERAL TELEPHONE
COMPANY OF THE SOUTHWEST, PASSED BY A MAJORITY VOTE OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 28TH DAY OF MARCH,
1968; AUTHORIZING THE INCLUSION OF THE CROSBY TELEPHONE EX-
CHANGE IN THE TELEPHONE COMPANY'S EXTENDED AREA SERVICE;
PROVIDING FOR ACCEPTANCE OF AGREEMENT BY THE TELEPHONE COM-
PANY; AND PROVIDING FOR PARTIAL INVALIDITY."
and
WHEREAS, said ordinance was on the acts, day of
1968, duly approved by the Mayor of said
Cit and the seal of said City was thereto affixed and at-
tested 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 or-
dinance and files this its written acceptance with the City
Clerk of the City of Baytown, Texas, in his office.
DATED this 1213 day of , 1968.
GENERAL TELEPHONE COMPANY
OF THE SOUTHWEST
By:
Vice President OF
ATTEST:
r
Secre a fy
Acceptance filed in the office of -,the Cit Clerk
of Baytown, Texas, this 7 day of p - , 1968.
City Clerk
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