Ordinance No. 1,206ORDINANCE NO. 1206
AN ORDINANCE FIXING AND DETERMINING THE RATES AND CHARGES
FOR LOCAL EXCHANGE TELEPHONE SERVICE AND MISCELLANEOUS
SERVICES OF THE GENERAL TELEPHONE COMPANY OF THE SOUTHWEST
IN THE CITY OF BAYTOWN, TEXAS; CONTINGENT UPON GENERAL
TELEPHONE COMPANY'S ACCEPTANCE OF A FRANCHISE AGREEMENT TO
BE ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS. CLAUSE; PROVIDING AN EFFECITVE DATE FOR THE RATES
HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLICATION THEREOF.
WHEREAS, the City Council and the administrative personnel, and
a rate expert retained by the City Council have made a definative study
of the rates and service of the General Telephone Company of the Southwest;
and
WHEREAS, the City Council, their administrative personnel and the
rate expert retained by the City Council have held many meetings and discussions
concerning the rates and services of General Telephone Company of the Southwest;
and
WHEREAS, the City Council has held public hearings concerning both
the rates and the service of General Telephone Company of the Southwest; and
WHEREAS, the City Council is of the opinion that there is a necessity
to scrutinize the services of General Telephone Company of the Southwest and
that there is a direct relationship between rates and service; and
WHEREAS, the City Council is of the opinion that the services of
General Telephone Company of the Southwest cannot be properly scrutinized
without General Telephone Company of the Southwest being subject to a
Franchise containing certain broad requirements as to the quality of service
that they must render and a penalty provision for their failure to do so; and
WHEREAS, the City Council has reached a conclusion as to the rates
and services which should be adopted within the corporate limits of the City
of Baytown contingent upon their acceptance of a franchise; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by the amendment of Chapter 31, Utilities,
Article IV, Telephone, which shall read as follows:
Section 31 -35. Rates - -Under present system.
General Telephone Company of the Southwest shall be authorized
to charge within the corporate limits of the City the following schedule
of principal rates for local exchange telephone service and such other
charges and rates for miscellaneous service not inconsistent with this
article as are included in the Telephone Company's Texas General Exchange
Tariff, and it shall be unlawful for the Telephone Company to charge any
higher rate or rates for service of the types and classes set forth:
Class of Service Monthly Rates
Business
Individual Line Service
$19.00
Extension
1.75
Residence
Individual Line Service
7.75
Two Party Line Service
6.00
Extension
1.25
Section 31 -36. Same - -After acceptance of franchise.
The rates and charges stated above will apply in the city until
General Telephone Company of the Southwest accepts the Franchise Ordinance
No. 1205 .
Upon acceptance of Ordinance No. 1205
as provided therein
General Telephone Company of the Southwest shall be authorized to charge
within the corporate Iimits of the City of Baytown, Texas, the following
schedule of principal rates for miscellaneous services not inconsistent
with this ordinance as are included in the Telephone Company's Texas General
Exchange Tariff and it shall be unlawful for the Telephone Company to charge
any higher rate or rates for service of the types and classes set forth:
SEE SCHEDULES A, B, C, & D
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Section 31 -37. Service charges.
SEE SCHEDULE E
Section 31 -37. Color phones.
No additional charge shall be made for colored telephones.
Section 31 -38. Four party service.
After the passage of this ordinance, no new four party service will
be installed and no existing four party service will be moved to a new lo-
cation. Only four party service that was in effect on December 31, 1965, shall
be provided by the Telephone Company.
Section 31 -39. Article establishes maximum rates.
The rates and charges provided in this article shall be the maximum
charges applicable within the corporate limits of the ctiy.
Section 2: Repealing Clause: All ordinances or parts of ordi-
nances inconsistent with the terms of this ordinance are hereby repealed;
provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered
by this ordinance.
Section 3: Savings Clause: If any provision, section, exception,
subsection, paragraph, sentence, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or
their application to other persons or sets of circumstances and to this
end all provisions of this ordinance are declared to be severable.
Section 4: Penalty: Any person who shall violate any provision
of this ordinance shall be deemed guilty of a misdemeanor and upon conviction
shall be punished by a fine of not less than Ten ($10.00) Dollars, nor more
than Two Hundred ($200.00) Dollars. Each day of the continuance of such vi-
olation shall be considered a separate offense and each and every day shall
consitute a separate violation.
isle
Section 5: Effective Date: This ordinance shall take effect
from and after ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten days after the passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council
of the City of Baytown, Texas, this 30th day of March, 1972.
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
n �
NEEL RICNARDSON, City Attorney
C. GLEN WALKER, Mayor
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ORDINANCE NO. 1206 -A
AN ORDINANCE FIXING AND DETERMINING THE RATES AND CHARGES FOR
LOCAL EXCHANGE TELEPHONE SERVICE AND MISCELLANEOUS SERVICES OF
THE GENERAL TELEPHONE COMPANY OF THE SOUTHWEST IN THE CITY OF
BAYTOWN, TEXAS; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE FOR
THE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLI-
CATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of Baytown, Texas,
is hereby amended by the amendment of Chapter 13, Utilities, Article IV,
Telephone, which shall read as follows:
Section 31 -35. Rates.
General Telephone Company of the Southwest shall be authorized to
charge within the corporate limits of the City of Baytown, Texas, the following
schedules of principal rates for local exchange service and such other charges
and rates for miscellaneous services not inconsistent with this ordinance as are
included in the Telephone Company's Texas General Exchange Tariff and it shall
be unlawful for the Telephone Company to charge any higher rate or rates for
service of the types and classes set forth:
SEE SCHEDULES A, B, C, & D
Section 31 -36. Services charges.
General Telephone Company of the Southwest shall be authorized to
charge within the corporate limits of the City of Baytown, Texas, the following
schedule of service charges and such other charges and rates for miscellaneous
service charges not inconsistent with this ordinance as are included in the
Telephone Company's Texas General Exchange Tariff, and it shall be unlawful
for the Telephone Company to charge any higher rate or rates for service
charges of the types set forth:
SEE SCHEDULE E
Section 31 -37. Color phones.
No additional charge shall be made for colored telephones.
Section 31 -38. Four party service.
After the passage of this ordinance, no new four party service will
be installed and no existing four party service will be moved to a new location.
Only four party service that was in effect on December 31, 1965, shall be provided
by the Telephone Company.
Section 31 -39. Article establishes maximum rates.
The rates and charges provided in this article shall be the maximum
charges applicable within the corporate limits of the city.
Section 2: Repealing Clause. All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby repealed; provided
however, that such repeal shall be only to the extent of such inconsistency and
in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Savings Clause: If any provision, section, exception,
subsection, paragraph, sentence, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall for any reason
be held unconstitutional, void or invalid, such invalidity shall not affect the
validity of the remaining provisions of this ordinance or their application to
other persons or sets of circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 4: Penalty: Any person who shall violate any provision of
this ordinance shall be deemed guilty of a misdeameanor and upon conviction
shall be punished by a fine of not less than Ten ($10.00) Dollars, nor more than
Two Hundred ($200.00) Dollars. Each day of the continuance of such violations
shall be considered a separate offense and each and every day shall constitute
a separate violation.
Section 5: Effective Date: This ordinance shall take effect from and
after ten (10) Days from its passage by the City Council. The City Clerk is here-
by directed to give notice hereof by causing the capiton of this ordinance to be
published in the official newspaper of the City of Baytown at least twice within
ten (10) days after the passage of this ordinance.
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INTRODUCED, READ and PASSED by the affirmative of the City Council
of the City of Baytown, Texas, on this 2nd day of_ May __ , 1972.
r J
—C.7 GLEN LK R, Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
L RICbCARDSON, City Attorney
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