Ord. 0242 -ResearchORDINANCE NO. :4is1✓
AN ORDINANCE WHEREBY THE CITY OF PEARLAND, TEXAS
AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE
THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT
AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MAN-
HOLES, 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:
WHEREAS, the Southwestern Bell Telephone Company, herein
after referred to as the "Telephone Company," is now and has been
engaged in the telephone business in the State of Texas and in
furtherance thereof, has erected and maintained certain items
of its plant construction in the City of.Pearland, Texas, here-
inafter referred to as the "City", for many years pursuant to
such rights as have been granted it by and under the laws of
the State of Texas, and subject to the exercise of such reasonable
rights of regulations under the police power as have been also
lawfully granted by and under said laws to said City; and
WHEREAS, it is to the mutual advantage of both the City and
the Telephone Company that an agreement should be entered into
between the Telephone Company and City establishing the conditions
under which the Telephone Company shall operate in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS, THAT:
SECTION 1 - CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND
SERVICE:
The poles, wires, anchors, cables, manholes, conduits and
other plant construction and appurtenances, used in or incident
to the giving of telephone service and to the maintenance of a
telephone business and system by the Telephone Company in the
City, shall remain as now constructed, subject to such changes
as under the limitations and conditions herein prescribed may be
considered necessary by the City in the exercise of its lawful
powers and by the Telephone Company in the exercise of its
business of furnishing telephone service; and the Telephone
Company shall continue to exercise its right to place, remove,
construct and reconstruct, extend and maintain its said plant and
appurtenances as the business and purposes for which it is or may
be incorporated may from time to time require along, across, on,
over, through , above and under all the public streets, avenues,
alleys and public grounds and places within the present limit of
the City and within said limits as the same from time to time
may be extended, subject to the regulations, limitations and
conditions herein prescribed.
SECTION 2 - SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT:
All poles to be placed shall be of sound material and
reasonably straight, and shall be so set that they will not inter-
fere with the flow of water in any gutter or drain, and so that
the same will interfere as little as practicable with the ordinary
travel on the street or sidewalk. The location and route of
all poles, stubs, guys, anchors, conduits and cables to be placed
and constructed by the Telephone Company in the construction and
maintenance of its telephone system in the City, and the location
of all conduits to be laid by the Telephone Company within the
limits of the City under this ordinance, shall be subject to the
reasonable and proper regulation, control and direction of the
City of Pearland or of any City official to whom such duties have
been or may be delegated.
SECTION 3 - STREETS TO BE RESTORED TO GOOD CONDITION:
The surface of any street, alley, highway, or public place
disturbed by the Telephone Company in building, constructing,
renewing or maintaining its telephone plant and system shall be
restored within a reasonable time after the completion of the
work to as good a condition as before the commencement of work
and maintained to the satisfaction of the City of Pearland, Texas
or any City official to whom such duties have been or may be.
delegated, for one year from the date the surface of said street,
alley, highway, or public place is broken for such construction ..
or maintenance work, after which time responsibility for the
maintenance shall become the duty of the City. No street, alley,
highway, or public place shall be encumbered for a longer period
than shall be necessary to execute the work.
SECTION 4 - OPERATION AND MAINTENANCE OF TELEPHONE PLANT:
The Telephone Company shall maintain its system in reasonable
operating condition at all normal times during the continuance
of this agreement. An exception to this condition is automatically
in effect when service furnished by the Telephone Company is
interrupted, impaired, or prevented by fires, strikes, riots,
or other occurrences beyond the control of the Telephone Company,
or by storms, floods or other casualties, in any of which events
the Telephone Company shall do all things, reasonably within its
power to do, to restore normal service.
SECTION 5 - TEMPORARY REMOVAL OF WIRES:
The Telephone Company on the request of any person shall
remove or raise or lower its wires temporarily to permit the
moving of houses or other bulky structures. The expense of such
temporary removal, raising or lowering of wires shall be paid
by the benefited party or parties, and the Telephone Company.
may require such payments in advance. The Telephone Company shall
be given not less than forty-eight hours advance notice to arrange
for such temporary wire changes.
SECTION 6 - TREE TRIMMING:
The right, license, privilege and permission is hereby
granted to the Telephone Company, its successors and assigns, to
trim trees upon and overhanging the streets, alleys, sidewalks
and 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 Telephone Company, and when so ordered by the City, said
trimming shall be done under the supervision and direction of
the City of Pearland, Texas, or of any City official to whom said
duties have been or may be delegated.
SECTION 7 - ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE
COMPANY:
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 superintendance of this agreement, and as the cash con-
sideration for the same, the Telephone Company agrees to pay to the
City annually during the continuance of the agreement a sum of money
equal to two percent (2%) of the annual gross receipts for the
preceding year received by the Company from the rendition of local
exchange telephone transmission service within the corporate limits
of the City. The first payment hereunder shall be made April 15,
1973, and shall equal in amount two percent (2%) of the gross
receipts received from January 1, 1972, to December 31, 1972; and
thereafter payment shall be made annually on April 15 as herein
provided.
SECTION 8 - PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY
OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM TAXES:"
The City agrees that the consideration set forth in the preceding
section hereof shall be paid and received in lieu of any tax, license,
charge, fee, street or alley rental or other character of charge
for use and occupancy of the streets, alleys and public places of
the City; in lieu of any pole tax or inspection fee tax; in lieu
of any easement or franchise tax, whether levied as an ad valorem,
special or other character of tax; and in lieu of any imposition
other than the usual general or special ad valorem taxes now or
hereafter levied. Should the City not have the legal power to agree
that the payment of the foregoing cash consideration shall be in
lieu of the taxes, licenses, charges, fees, rentals, and easement
or franchise taxes aforesaid, then the City agrees that it will
apply so much of said payment as may be necessary to the satisfaction
of the Telephone Company's obligations, if any, to pay any such
taxes, licenses, charges, fees, rentals, and easements or franchise
taxes.
SECTION 9 - FACILITIES TO BE FURNISHED CITY AS ADDITIONAL CONSIDERATION:
In addition to the consideration set forth in Section 7, the
Telephone Company shall hold itself ready to furnish, subject to the
use of the City, such wire space as may be required from
time to time by the City upon the poles now owned or hereafter
erected by the Telephone Company in the City for the use of
the City's police and fire alarm system; provided that the re-
quired wire space shall not exceed the wire capacity of one
cross arm on any one pole. The location on the poles of this
fire and police wire space shall be determined on specific
applications for space, at the time the applications are received
from the City, and will be allotted in accordance with the con-
siderations for electrical construction of the United States
Department of Commerce, Bureau of Standards. In its wire
construction on the Telephone Company's poles, the City will
follow the suggestions and requirements laid down for wire
construction in the Rules and Regulations of the Bureau of
Standards of the United States Department of Commerce. Where
conduits are laid or are constructed by the Telephone Company,
said Company shall hold itself ready to furnish sufficient duct
space not to exceed capacity of one duct for use by the City
in carrying its police and fire alarm wires. All such wires,
whether poles or in conduits, shall be constructed, maintained,
and operated in such manner as not to interfere with nor create
undue hazard in the operation of the telephone system of the
Telephone Company. If is further agreed that the Telephone
Company shall not be responsible to any party or parties whatso-
ever for any claims, demands, losses, suits, judgments for
damages or injuries to persons or property by reason of the
construction, maintenance, inspection or use of the police and
fire alarm wires belonging to the City, and the City shall
insure, indemnify and hold the Telephone Company harmless against
all such claims, losses, demands, suits and judgments.
SECTION 10 - ATTACHMENTS ON POLES AND SPACE IN DUCTS NOT HERE
AFFEC TED:
Nothing in this ordinance contained shall be construed to
require or permit any electric light or power wire attachments
by the City or for the City, nor to require or permit any
electric light or power wires to be placed in any duct used by
the City in the Telephone Company's conduits. If light or
power attachments are desired by the City or for the City, or
if the City desires to place electric light or power wires in
any duct used by the City, then a further separate noncontingent
agreement shall be prerequisite to such attachments or such
use of any duct used by the City. Northing herein contained
shall obligate or restrict the Telephone Company in exercising
its right voluntarily to enter into pole attachment, pole
usage, joint ownership, and other wire space and facilities
agreements with the light and power companies and with other
wire using companies which may be privileged to operate within
the City.
SECTION 11 - PERIOD OF TIME OF THIS ORDINANCE - TERMINATION:
This agreement shall be in full force and effect for the
period beginning with the effective date hereof and ending
five (5) years after August 2
, 1972 •
SECTION 12 - NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINANCE:
Nothing herein contained shall be construed as giving
to the Telephone Company any exclusive privilege.
SECTION 13 - SUCCESSORS AND ASSIGNS:
The rights, powers, limitations, duties and restrictions
herein provided for shall inure to and be binding upon the parties
hereto and upon their respective successors and assigns.
SECTION 14 - PARTIAL INVALIDITY AND hEPEAL PnOVISIONS:
If any section, sentence, clause or phrase of this ordinance
is for any reason held to be illegal, ultra virus 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 here-
by repealed.
SECTION 15 - ACCEPTANCE OF AGREEMENT:
The Telephone Company shall have sixty (60) days from and
after the passage and approval of this ordinance to file its
written acceptance thereof with the City Secretary, and upon
such acceptance being filed, this ordinance shall take effect
and be in force from and after the date of its passage and approval
on second and final reading and shall effectuate and make binding
the agreement provided by the terms hereof.
PASSED and APPROVED on first reading this day of
Attest:
, A. D. 1972.
Mayor, City of Pearland, Texas
City Secretary
PASSED and APPROVED on second and final reading this day
of , A. D. 1972.
Mayor, City of Pearland, Texas
Attest:
City Secretary
1, , City Sectetary
do hereby certify that the foregoing is a true and correct copy
of Ordinance , passed and approved by the City
on second and final reading, at a regular meeting held on the
day of 1972.
In witness whereof, I hereto set my hand and affix the
official seal of the City of this day
of A. D. 19
City Secretary