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Ord. 0053 1967-07-27 ORDINANCE NO. ~ ! AN ORDINANCE WHEREBY THE CITY OF P~-ARLAND TE~XAS~ AND THE SOUTHWESTERN BELL TELEPHON~ COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, WIRES~ ANCHORS~ CABLES~ MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTE~ NANCES 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 COM- PANY, ALL AS HEREIN PROVIDED: WHEREAS~ the So,athwestern Bell Telephone Company, hereinafter referred to as the "Telephone Company"~ is now and has been ehgaged 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 i;e&~'~,~nd, Texas, hereinafter referred to as the "City", for many years pursuant to such rights as ha'Ce been granted it by and under the laws of the State of Texas, and subject to the exercise of such reasonable rights of regulation under the police power as have been also lawfully granted by and under said laws to said C~ty; and WHEREAS- ¢: ~s to the mut'aal advantage of both the City and the Telephone Company that an agreement should be entered into between the Tele- phone Company and the City establishing the conditions under which the Telephone Company shall operate in the C2ty, NOW, ~HEREFORE, BE ir ORDAINED BY THE BOAR~)OF ALDERMEN OF THE CITY OF ~m-AtkLAND, TEXAS, THAT: SECTION 1 - CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE The poles wires, anchors cables~ manholes, conduits and other plant construc- ~tion and appurtenances~ used ~n or ~ncident to the giving of telephone service and to the maintenance of a telephone bus~ness and system by the Telephone Company in the City, shall remaCn as now constructed~ subject to such changes as under the limitations and conditions herein prescribed may be considered necessary by the City ~n the exercise of its lawful powers and by the Telephone Company in the exercise oI its business of furnishing telephone service; and the Telephone Company shall continue to exercise its r~ght to place, remove, construct and reconstruct~ extend and maintain its sa~d plant and appurtenances as the busi- ness and purposes for -~zhich 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 limits of the City and within said limits as the same from time to time may be extended, subject to the regulatiens, limitations and conditions herein prescribed. SECTION Z - 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 interfere with the flow of water in any gutter or drain, and so that the same will interfere as tittle as practicable with the ordinary travel on the street or sidewalk. The location and route of ail 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 loca. tion of ail conduits to be laid by the Telephone Company within the limits of the City under this ordinance, shall be subject to the reason- able and proper regulation, control and direction of the Board of Aldermen 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 Tele- phone 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 main- tained to the satisfaction of the Board of Aldermen, or of 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 construc- tion 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 condi- tion at all normal times during the continuance of this agreement. An exception to this condition is automatically in effect when service furnished by the Tele- phone 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 Com- pany 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 shah 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 payment 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 w/res 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 Board of Aldermen 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 resnlt 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 consideration for the same, the Telephone Com- pany agrees to pay to the City annually during the continuance of the agreement a sum of money equal to two per cent {2%) of the annual gross receipts for the preceding year received by the Company from the rendition of local exchange telephone transmission service w/thin the corporate limits of the City. The first payment hereunder shall be made April 15 , 1968 , and shall equal in amount two per cent (2%) of the gross receipts received from January I , 1967 , to December 31 , 1967: 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 al~rees that the c~msideration set forth in the precedin~ 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, li- censes, charges, fees, rentals, and easement 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 po[ice and fire alarm system: provided that the required 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 wi[[ be allotted in accordance with the considerations 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 wi[[ follow the suggestions and requirements [aid down for wire construc- tion in the R.u[es and Regulations of the Bureau of Standards of the United States Department of Commerce. Where conduits are [aid 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 on poles or in conduits, shah be constructed, maintained and operated in such manner as not to interfere with nor create undue hazard in the operation of the tele- phone system of the Telephone Company. It is further agreed that the Tele- phone Company shall not be responsible to any part), or parties whatsoever 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 harm[ess against all such claims, losses, demands, suits and judgments. SECTION 10 - ATTACHMENTS ON POLES AND SPACE IN DUCTS NOT HERE AFFECTED 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 noncont~ngent ~greement shall be prerequisite to such attachments or su~h use of a~¥ duct used by the City° Nothing herein contained shall obligate or ~estr!ct the Telephone Company in exercising its right voluntarily to enter into pole attachment~ pole usage~ joint ownership, and other wire space and facilities agreerner~ts w. ith light and power companies and with other wire using companies v~hich may bc privileged to operate within the City° SECTION 1 1 ~ PERIOD OF TIME OF TF~%S ORDINANCE - TERMINATION This a~reement shall be in full fo~rce and, effect for the period beginning with the effecti~ze date hereof and ending ~.-'J~ty (~) years after A%1~%1,~ Z, 19~7 ~. p~ov~ 'd~d ....... ~b~t at the end of the expiration, of the_. initial, period~,~such te~_~ shall be automatically ~enewed forthwzth for successive periods of ~y ~ years~ conditioned~ however~~-,~e£h~'t if.during the last four months of the initial ~- ~ --~- ear eriod not period or of any succes~.e t~.y (~} y p ~ , less than ninety days' prior written n~tice shall be given either to the Telephone Company by the City or to the City by the Telephone Cornpany~ setting forth the desire of the giver of such notice to terminate this agreement, then in such case this agreement · shall terminate at the expiration of the then current period° SECTION 1Z ~ NO EXCLUSIVE PRIVILEGES CONFERRED BY TI-IlS ORDINANCE Nothing herein conta:.ned shall be construed as giving to the Telephone Company any excl'~sive priv~!egeo SECTION 13 -SUGGESSORS AND ASSIGNS The rights, po~'ers~ lirnitations~ duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assAgr_So SECTION 14 ~ PARTIAL INVALIDITY AND REPEAL PROVISIONS If any sect~or~ sentepce~ clause or phrase of this ordinance is for any reason held to be i!lega!~ 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 repealedo SECTION 15 - ACCEPTANCE OF AGREElVLENT The Telephor~e 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 by the Mayor and shall effectuate and make binding the agreement provided by the terms hereof. Pa,,ed andapprov_ed this~day ot~~ . .~.D.. 19J~. Mayor .Attest: City Secretary Cty Clerk I.//./Y/~ ~2'2~/ff~J~i~ Secretary of the City of Pearl.nd do hereby cert'~y Vb~Ct~o{~a~'~a correct copy of ~rdlnance me etin~ held passed and approved by the Board oi Aldermen of Pearl.nd. at a reEular ~ on the ~y of . 19~/ . In witness whereof. I/h~reto set my hand and affix the of£icial se~f the City Clerk -6- ACCEPTANCE WHEREAS, TFiE BOARD OF ALDERMEN of the City of Pearland ~ Texas, did on the 2?th day of July , 1967 , enact an ordinance entitled: "AN ORDINANCE Wt-IEREBY TFIg CITY OF PEARL/UND , TEXAS, AND TItE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND IvEAINTAIN ITS POLES, WlI~ES, ANCHORS, GABLES, MANHOLES, CONDUITS, AND OTH]ilR 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 TI-I~T THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO USE CER- TALN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED:" and Wt4_Ei~EAS, said ordinance was on the 27th day of July , 1967 ~ duly approved by the Mayor of said City and the Seal of said City was thereto affixed and attested by the City Secretary: NOW, THEILEFORE, in compliance with the terms of said ordinance as enacted, approved and attested, the Southwestern Bell Telephone Company hereby accepts said ordinance and files this its written acceptance with the City Secretary of the City of Pearland , Texas in his office. Dated 5th day of September , 1967 SOUTHWESTERN BELL TELEPHONE COMPANY G e n~'r~ 1 Manager GENERAL AITORN£Y FOR TEXAS Acceptance filed in ~bTe office of~~j~etary of ~ - ORDINANCE Nb] J~ S~ AN OILDINANCE WHEREBY THE Cl~I'~ OP TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY ,L CONTINUE TO ERECT AND MAINTAIN ITS POLES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND PLANT CONSTRUCTION AND APPURTE- ACROSS, ON, OVER, THROUGH, ABOVE AND PUBLIC STREETS, AVENUES, ALLEYS PUBLIC AND PLACES IN SAID CITY, UNDER RESTRICTIONS AND THAT THE CITY SHALL ANNUAL PAYMENT AND THE RIGHT ' %/ TOUSE 'ACILITIESOF THE TELEPHONE COM- / p~_Ny, ALLAS ~INPROV'IDED: yU WHEREAS, the S6%{1 lestern Bell Telephone Company, hereinafter I~referred to as the "Telephone Cd >any", is now and has been engaged in the Utelephone business in the State of exas and in furtherance thereof, has ~.)/~rected and maintained certain of its plant construction in the ~OaFlalld,Texas, hereinafter to as the "City", for many years pursuant to such rights as have been granted and under the laws of the State of Texas, and subject to the exercise of such rights of regulation under the as have been also lawfully by and under said laws to said police power City; and WHEREAS, it is to the mutual a~antage of both the City and the Telephone Company that an agreement should b~entered into between the Tele- phone Company and the City establishing the cond{tions under which the Telephone Company shall operate in the City. ~ NOW, THEREFORE, BE IT ORDAINE~BY THE BOAI~D O1~ &LDi~M~X~ OF THE CITY 0P PEARLAND ~ TEXAS, THAT: SECTION 1 - CONSTRUCTION AND MAINTENANCE OF~ELEPHONE PLANT A_ND SERVICE The poles, wires, anchors, cables, manholes, conduits and~her plant construc- tion and appurtenances, used in or incident to the giving of tel~hone service and to the maintenance of a telephone business and system by the Te~phone Company in the City, shall remain as now constructed, subject to such cha~ges as under the limitations and conditions herein prescribed may be considerec[xnecessary by the City in the exercise of its lawful powers and by the Telephon6,,Company in the exercise of its business of furnishing telephone service; and the Telephone Company shall continue to exercise its right to place, remove, const/~uct and reconstruct, extend and maintain its said plant and appurtenances as the busi- ness 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 limits of the City and within said limits as the same from time to time may be extended, subject to the regulations, [imitations and conditions herein prescribed. SECTION Z - 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 interfere 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 Compa.ny in the construction and maintenance of its telephone system in the City, and th~ [oca.tion of all conduits to be [aid by the Telephone Company within the limits of%~e City under this ordinance, shall be subject to the reason- able and proper regulation, control and direction of the ~(~l'd OI' ~181'~ or of any City official t'O whom such duties have been or may be delegated. SECTION 3 - STREETS TO\BE RESTORED TO GOOD CONDITION The surface of any street, a[[~, highway, or public place disturbed by the Tele- phone Company in building, con~r_ucting, renewing or maintaining its telephone plant and system shall be restorek[within a reasonable time after the completion of the work to as good a condition a~ before the commencement of work and main- tained to the satisfaction of the ~1"~ O~' ~.d$l'~ or of any City official to whom such duties have been or may b~xde[egated, for one year from the date the surface of said street, alley,, high_w.a_y, ~r public place is broken for such construc- tion or maintenance work, aft_e.r which tir~ responsibility for the maintenance shall become the duty of the City. No streW, alley, highway or public place shall be encumbered for a longer period than sha[[~e necessary to execute the work. The Telephone Company shat[ m_aintainits system ~reasonable operating condi- tion at all normal times during~the co_n?inuance of thi~agreement. An exception to this condition is automatic~ effect when servic~furnished by the Tele- phone Company is interrupted_impaired, or prevented ~y fires, strikes, riots, or other occurrences beyond t.he~ con!rol of the Te[ephone~Company, or by storms, floods or other casualtie_s., in._at~y of which events~he Telephone Com- pany shall do all things, reasonably within its power to do, ~ restore normal service ~x 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 0ompmay may require such payment in advance. The Telephone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. $~CTiO~ 6 - TRKE TRI?~.~iNG ~ne right~ license, privilege and permission is hereby granted to the Teieohone Company, its successors and assigns, to trim trees upon and overhanging the streets~ alleys, sidewalks and public places of the City, so as to orevent the branches of such trees from coming in con- tact with the wires or cables of the Telephone Company, and when so ordered by tko City, said tri~.ing shall be done under the supervision and direction of the Board of Aldermen or of any City official to whom said duties have been or may be delegated. SECTION 7 - A~TUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COZ~?ANY To inde~mnify the City for any and all possible damages to its etreet~ alleys~ and public grounds ~daich may result from the placing and maintenance ~herein or thereon of the Telephone Company's poles, conduits~ or other telephone equipment or apparatus, and to compen- sate the City for its superintendance of this agreement, and as the cash consideration for the same, the Telephone Company agrees to pay to ~he City ar~nually during the continuance of the agreement a sum of money equal to two per cent (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 One Thousand and no/!00 Dollars (~I~000.00), which payment shall be made within ninety (90) days after acceptance of this ordinance; the se¢on~ payment hereunder shall be made on April 1~, 1963, and shall equal in amount two ocr cent (2%) of the gross receipts received from January 1, 1962, to December 31~ 1962; and thereafter payment shall be made annually on April l~ as herein provided. SECTION 8 - oA¥)~ OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER ?AY[~NTS 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 ~ax~ whether levied as an ad valorem, special or other character of tax; and in lieu of any imposition other than the usual general or soecial ad valorem taxes now or hereafter levied. Should the City no~ have the legal power to agree that the payment of the foregoing cask consideration shall be in lieu of the taxes, licenses, -3- rentals, and easement or franchise taxes aforesaid, then the City agrees that it wit[ apply so much of said payment as may be necessary to the satisfaction of the Telephone Company's ob[igatlons, if any, to pay any such taxes, li- censes, charges, fees, rentals, and easement 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 shah 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 po[ice and fire alarm system: provided that the required wire space shah not exceed the wire capacity of one cross arm on any one pole. The location on the po[es of this fire and po[ice 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 considerations for electrical construction of the United States Department of Commerce, Bureau of Standards. In its wire construction on the Telephone Company's po[es, the City will follow the suggestions and requirements [aid down for wire construc- tion in the Rules and Regulations of the Bureau of Standards of the United States Department of Commerce. Where conduits are [aid or are constructed by the Telephone Company, said Company shah hold itself ready to furnish sufficient duct space not to exceed capacity of one duct for use by the City in carrying its po[ice and fire alarm wires. All such wires, whether on poles or in conduits, shah be constructed, maintained and operated in such manner as not to interfere with nor create undue hazard in the operation of the tele- phone system of the Telephone Company. It is further agreed that the Tele- phone Company shall not be responsible to any party or parties whatsoever 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 shah insure, indemnify and hold the Telephone Company harmless against such claims, tosses, demands, suits and judgments. SECTION I0 - ATTACHMENTS ON POLES AND SPACE IN DUCTS NOT HERE AFFECTED Nothing in this ordinance contained shah be construed to require or permit any electric tight or power wire attachments by the City or for the City, nor to require or permit any electric tight 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 ptace etectric 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. Nothing 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 light and power companies and with other wire using companies which may be privileged to operate within the City. SECTION 11 -PER. IOD 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 'f~l~/:'l~ear s after ,~l, ~ ~r ~,~ SECTION 1Z - 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 A~ ASSIGNS The rights, powers, limitations, duties and restrictions herein provided for shaft inure to and be binding upon the parties hereto and upon their respective successors and assigns. SECTION 14 - PARTIAL INVALIDITY AND REPEAL PROVISIONS If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or unconstitutional, suchinvatidity shah not affect the validity of the remaining portions of this ordinance. AIl ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed. SECTION 15 - ACCEPTANCE OF The Telephone Company shall Mve 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 ~hall -5- take effect and be in force from and after the date of its passage and approval by the Mayor and shall effectuate and make binding the agreement provided by the terms hereof. Passed and approved this ,,2 un day of A4trsr , A.D., 19LA. Attest: _,City Setrsstary Mayor '/ n c�ieal.. I, (//Creep e /Y . a Lei- / City Secretary of the City of P�{}/Ll../�11L7 do ereby certify that the foregoing is a true and co ect copy of Ordinance a a , passed and approt ed by the C}'t�y. kT� Council of Au3AJf , at a regular meeting held on the day of J'7"0 eLis 1 , 1960t witness whereof, I heret» set my hand and affix the official seal of the City ofpa;RA-A- ID this a u day of J €J(O3 1 , A.D., 196,2/ d11)761kj City Secretary 'City Gle"r`l. -6- ACCEPTANCE WHEREAS, THE ]~:~,¢1 o~ .i~clez,~e~ of the C~.~ 0£ Pema. l~u~l Texas, did on the , 196~ enact an ordinance entitled: "AN ORDINANCE WHEREBY THE ~i'TY TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAIN- TAIN ITS POLES, WIRES, ANCHORS, CABLES, MLANHOLES, 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 PAY- MENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED:" and WHEREAS, said ordinance was on the ~ day of 196~, duly approved by the Mayor of said City and the Seal of said City was . thereto affixed and attested by the City Secretary: NOW, THEREFORE, in compliance with the terms of said ordinance as enacted, approved and attested, the Southwestern Be[[ Telephone Company hereby accepts said ordinance and fi[es this its written acceptance '~;ith the City Secretary of the a~ Of ~ , Texas in his office. Dated ~ day of ~~ , 19 ~ SOUTHWESTERN BELL TELEPHONE COMPANY b- SOLICITO~ FOR TEXAS Atte ~t~ - ' .... --. Secretary ~ ~cceptance filed in the office of the CiW Secretary of