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HomeMy WebLinkAboutORD 1971-030 4 � �... @i . ORDINANCE NO. 71-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS , GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, GRANTEE, TO CONSTRUCT, EXTEND, EQUIP, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE PU$LIC STREETS, ALLEYS , BRIDGES, AND PUBLIC GROUNDS OF THE CITY, SUCH OF ITS POLES, CABLES, CONDUITS, WIRES , ANCHORS, MANHOLES AND OTHER APPLIANCES, STRUCTURES AND FIXTURES AS MAY BE NECESSARY OR CON- VENIENT FOR THE PURPOSES OF ESTABLISHING, CONDUCTING AND RENDERING TELECOMMUNICATION SERVICES (AS HEREIN DEFTNED} TO THE PUBLIC WITHIN THE CITY, AND FOR CONDUCTING A GENERAL LOCAL AND LONG DISTANCE TELEPHONE BUSINE5S; AUTHORIZING THE PROVISION OF FACILITIES AND EOUIPMENT FOR THE RENDITION OF METROPOLITAN TELEPHONE SERVICE AND OPTIONAL EXTENDED METROPOLITAN SERVICE; PROVIDING FOR THE FIXING OF RATES, FOR THE ASSIGNMENT OF THE FRANCHISE , FOR THE PAYMENT OF CERTAIN AMOUNTS TO THE CITY FOR SUCH USES AND RIGHTS OF USE� FOR REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. � BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF � GRAPEVINE, TEXAS : ARTICLE I DEFINITIONS In and throughout this Ordinance and for the purposes hereof, the following terms shall have the following meanings , respectively, to-wit: A. Public Property of or Within the City means existing and future streets , alleys , bridges , highways , and grounds owned by the City of Grapevine or within the corporate limits of the City �. � of Grapevine and devoted or dedicated to public use. ��,.K . � • . , �_ , � { B. Telecommunications Services means and encompasses broadly those telecommunications services furnished or capable of being furnished to the public or any part or portion thereof for compensation or hire including without limitation the following types : 1. General local and lonq distance telephone services as the same are now or may hereafter be generally recognized in the industry. 2 . Communications whether now known or not, trans- mitted by wire, cables , conduits and similar or related necessary application such as teletype, telegraph, and delayed or recorded � .. voice communications or messages and including the service of '�- ° leasing or renting to others the use of lines or wires for such purposes or for radio or video presentations , but such term shall not include , however, the service of transmitting video presentations directly to the public through the system commonly referred to as "cable television. " 3. The services of transmittinq or leasin_q, renting or permitting the use of Grantee ' s facilities to other persons �or the purpose of transmitting data, statistical or other information throuqh means other than live voice conver- sations whether such uses are now known or contemplated or not. C. Metropolitan Telephone Service shall mean that ,� .., telecommunications service provided to customers o Grantee �::,A -2- . ,�.. y �, .:� in the City of Grapevine receiving service from Grantee ' s Grapevine exchange which allows such customers to call and be called by customers of all of the exchanges within the Fort Worth Metropolitan Area (herein referred to as Fort Worth Metropolitan Telephone Service) or on an optional basis within the Dallas and Fort Worth Metropolitan Area (herein referred to as Extended Metropolitan Telephone Service) as such metropolitan area exchanges exist on the date hereof. In the case of customers of Grantee in the City of Grapevine receiving service from Grantee ' s exchange presently under construction at the Dallas- Fort Worth Regional Airport, or Grantee ' s Lewisville exchange , ,�. . Metropolitan Telephone Service shall mean that telecommunications �.- service which allows such customers to call and be called by customers of all of the exchanges within the Dallas Metro- politan Area (herein referred to as Dallas Metropolitan Telephone Service) as such metropolitan area exchanqes exist on the date hereof, or on an optional basis , Extended Metropolitan Telephone Service. ARTICLE II CONSTRUCTION AND MAINTENANCE OF TET�EPHONE PLANT AND SERVICE A. The right, privilege and franchise be , and the same is hereby, granted. to General Telephone Company of the Southwest, herein referred to as "Grantee , " and its successors „�:,� or assigns , subject to the terms and conditions hereinafter set forth, to construct , erect, build, equip, own, maintain �.:�� -3- �, .. �LL.� and operate in, along, under and over the public property of or within the City, posts , poles , wires , conduits and other appli- ances , structures and fixtures necessary or convenient for rendering telecommunications service. The Grantee is hereby authorized to provide facilities and equipment for the furnishing of Metropolitan Telephone Service as herein defined in its Grapevine ex- change area, its Lewisville exchange area, anc� the area of its tele- phone exchange presently under construction at the Dallas-Fort Worth Regional Airport in lieu of purely local exchange service , it being in- tended that the Grantee shall not be required to provide the customers the option of taking Metropolitan Telephone Service or �..� purely local exchange service upon a selective basis ; provided �'" that customers of the Grantee may elect to take Extended Metro- politan Telephone Service in lieu of the Dallas or Fort Worth Metropolitan Telephone Service applicable to the exchange in which the service is provided. B. All poles shall be so placed and all excavations and other construction in the streets shall be so carried on as to interfere as little as possible with the orderly use of the streets and sidewalks and with the use of private property. 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. The time of installation �� and location and route of all poles , stubs , guys , anchors , conduits , -4- �- �. :� and cables to be placed and constructed by the Grantee in the construction and maintenance of its systems within the City, and the location of all conduits to be laid by the Grantee within the limits of the City under this Ordinance shall be approved by the City' s City Manager and additionally shall be subject to the reasonable and proper regulation, control and direction of the City Council or of any City official to whom such duties have been or may be delegated. C. The surface and underground support of any public property of or within the City disturbed by the Grantee in building, constructing, renewing or maintaining its plant and systems shall �:, A be restored within a reasonable time after the completion of the �'"� work to as good a condition as before the commencement of the work and maintained to the satisfaction of the City Council , or of any City official to whom such duties have been or may be delegated, for one (1) year from the date the surface of said public property is broken for such construction or maintenance work , after which time responsibility for the maintenance shall become the duty of the City. No such public property shall be encumbered for a longer period than shall be necessary to exe- cute the work, and the period thereof and the handling of traffic shall be subject to the reasonable requirements of the City' s City Manager and any added expense shall be paid by � Grantee . � -5- � �. �x � D. Grantee shall indemnify and save the City whole and harmless from any and all claims for injury or damage to persons or property occasioned by or arising out of the con- struction, reconstruction, maintenance , operation or repair of the Grantee ' s properties by the Grantee, its agents , servants or employees or contractors. E. The Grantee on the request of any person shall remove or raise or lower its wires within the City 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 Grantee ,w .,,. may require such payment in advance. The Grantee shall be given `�"°" not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes . The clearance of wires above ground or rails within the City and also unc�erground work shall conform to the basic standards of the National Electrical Safety � Code, National Bureau of Standards , United States Department of Commerce , as promulgated at the time o_f. erection thereof . �'. The City reserves the right to lay , and permit to be laid, gas , water, and other pipelines or cables , and to do and permit to be done, any underground work that may be deemed necessary or proper by the City Council of the City, in, across , along, or under any public property of or within the City �.� occupied by the Grantee and to change any curb or sidewa or -6- � � - the grade of any street. The City agrees to coordinate any such work with the Grantee prior to commencement thereof to avoid damage to property or service interruptions . G. The right, license, privilege and permission is hereby granted to the Grantee , 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 Grantee , and when so ordered by the City , said trimming shall be done under the supervision and direction of the City Council or of any City official to whom said duties have been �,. or may be delegated. �,,.,,.„ H. Telecommunications services provided by the Grantee hereunder shall be first class reliable service comparable to the service being provided by Grantee to other municipalities in the Dallas-Fort Worth Metropolitan Area. The entire tele- communications system serving the citizens of the City shall be so designed, operated and maintained that it will at all times meet or exceed industry and transmission standards . I. Grantee shall file with the City Manager such Trouble Summary Reports relating to telephone service in the City of Grapevine as may be prepared for the internal use of Grantee. Such reports shall be filed with the City Manager periodically as the City may require but no more frequently �� -7- � �.,< than the same may be prepared for internal use of Grantee. J. Grantee agrees to meet or exceed industry standards in the quality of telecommunications service provided within the City. If after a public hearinq to consider the quality of telecommunications service , the City Council may determine that repairs or improvements ought reasonably be made thereto in order to meet industry standards , the City Council may make and serve an order directing that such repairs , improvements , changes or additions be made within a certain period of time deemed reasonable to effect compliance. Grantee after receipt of the order shall take immediate action within �, :, limitations that may be imposed on the Grantee by equipment ""°"`# or material acquisitions , to effect substantial compliance with the ordinance , order, directive or requirement. The Telephone Company shall not be in violation of this section should the reason for its failure to comply with the ordinance , order, directive or requirement of the City Council be caused by an Act of God, public enemy, strike or other acts which are not within the control of said company . K. As of the date hereof, the base rate area for the Grapevine exchange is the exchange area boundary and the ,, .,e -8- �� �,, ,,> �� base rate area for the telephone exchange presently under construction at the Dallas-Fort Worth Regional Airport shall be the exchange area boundary of that exchange. The Grantee shall advise the City of any and all proposed changes in the exchange area boundaries and the base rate area at least thirty (30) days prior to implementation of any such changes . ARTICLE III FRANCHISE TERM The right, privileges and franchise hereby granted shall be for a period of ten (10) years from the date of. �° � passage and approval of this Ordinance subject to the conditions �, b herein set forth and shall continue in effect for a period not to exceed an additional ten (10) years during which additional ten-year period the same shall be subject to can- cellation by either party on sixty (60) days ' written notice to the other. Nothing herein contained shall be construed as giving to the Grantee any exclusive privileges . ARTICLE IV REGULATION OF RATES It is mutually understood and agreed that the rates to be charged to the residents of the City of Grapevine receiving telecommunications service from the Grantee ' s Grapevine exchange � � shall be fixed and regulated by the governinq body of the City of �,,..� -9- ,�..... �.,� Grapevine (pravided such City at such time has rate making authority under the statutes and laws o� the 5tate af Texas} in accordance with the statu�es and laws of the Sta�e of Texas. I� is further mutually understaad and agreed that a type or class of telecommunications service difterent from �hat service pravided from Grantee ' s Grapevine exchange will be made available to the Grantee' s cus�.omers in its telephone exchange presently under construction at the Dallas-Fort Worth Regional Airport; accordingly, it is further understood and agreed that the rates to be charged to residents o£ the City of Grapevine receiving �, .. telecommunications service from the Grantee' s teleghone exchange at said Airport shall be fixed and regulated ?ay the qaverning ,�,,;y body of the City af Grapevine (prc�vided such city at sueh �.ime has rate making authority under the sta�.utes and laws of the S�ate o� Texas) in acct�rdance with the statutes and laws af the 5tate of Texas . I� is sp�cifically provided that the rates and charges which shall be e�tablished by the Ci.ty of Grapevine hereunder shall at all times be sufficient to provide the Grantee a �air return on the fair value of its property used and useful in the rendition of such telecommunications services to i�.s customers in the Grapevine and Airport exchanges respectively and any ather exchanges now or hereaftex locatec� in whole or in part within the Grapevine city limits . ,,.. _, �;::., -10- � : �,„� ARTICLE V CONSIDERATION In order to indemnify the City for any and all possible damages to the public property of the City by reason of the rights and privileges granted hereunder and to compensate the City for its superintendence of this agreement and as the cash consideration for the same , Grantee shall pay to the City each year during the life of this franchise a sum of money equal to two pexcent (2�) of the annual gross receipts received by the Grantee for the preceding year from its customers located within the corporate limits of the City of Grapevine for Metropolitan Telephone Service and those � specialized telecommunications services described in Sections 2 ;�. and 3 of Article IB hereof exclusive of the interstate or intra- state portion thereof . Said fee shall be due and payable on or before the 31st day of March each year. The City agrees that the consideration set forth herein shall be in lieu of all municipal charges , fees , rentals , wire taxes , easement or franchise taxes , inspections or other charges and taxes of every kind 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 all taxes , charges and impositions other ,�--. than the usual general or special ad valorem taxes as aforesaid then �;;,,:� the City agrees that it will apply so much of said payment as may -11- �: ., ��~� be necessary to the satisfaction of the Grantee ' s obligations , if any, to pay such charges , taxes or impositions other than the usual general or special ad valorem taxes . ARTICLE VI GENERAL PROVISIONS A. Books and records of the Grantee shall be kept reason- ably and according to law and open to inspection of the City Manager or his designated agents or representatives . In connection with rate revision proceedings the Grantee will furnish such records and studies reasonably requested and reasonably available. B. If the Grantee shall in any manner violate or fail, ""'`"` omit, neglect or refuse for any reason to perform any of its obli- �,� gations or duties hereunder or to abide by any of the provisions hereof then the City shall have the right to declare that the Grantee is in default and the City shall have the right to pursue any or all of the following remedies , to wit: (1) terminate this franchise , (2) by judicial or other appropriate action mandatorily enforce the provisions hereof in default or seek damages in respect thereto in which event the Court may fix a reasonable time in which the Grantee shall be required to cure any such default and order the Grantee to pay a sum of money not to exceed $200 per day for each and every day the default continues after the reasonable period allowed for curing the same. .�- C. No failure by the Grantee shall be considered a default herein if directly caused by an act of God, public enemies , strikes or other acts not in control of Grantee . -12- .��. , D. This franchise shall not be assignable in whole �,,.� or in part without the express consent of the City evidenced by an Ordinance of the City Council. E. This Ordinance is passed subject to the provisions of the Constitution, the laws of the State of Texas and the Charter provisions of the City. Grantee specifically acknowl- edges that this agreement has been entered into with the full understanding that in addition to the terms and conditions hereof Grantee must comply with all provisions of the City Charter of said City, including without limitation the express provisions of Article 10 and Grantee covenants to make full and complete �..� compliance therewith. F. 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. G. The Grantee shall , within sixty (60) days after the date of this Ordinance , file with the City Secretary, a written instrument signed and acknowledged by its proper officers indicating its acceptance hereof. Such acceptance shall be duly acknowledged by the person executing same . In the event such acceptance is not filed within the said period, this Ordinance � and the privileges and franchises hereby granted shall , ipso facto, be , and become terminated, null and void. -13- �° PASSED ON FIRST READING TO THE SECOND READING BY � , AN AFFIRMI�TIVE VOTE OF ALL MEMBERS PRESENT ON Oct. 5, 1971 PASSED AND APPROVED ON ITS SECOND READING BY AN AF'FIRMATIVE VOTE OF ALL MEMBERS PRESENT ON rJ �n �pm}>nr '1 h ig�i APPROVED: , . � /_'� �.%ra�.— � ��.�'��'..e_ Mayor � ATTEST: �.:_� � � ,�+' �' .._.. , . . . . `� City Secretary APPROVED AS TO FORM AND LEGALITY: ; .. _ �._ 'f E � , ��. � - :. � <___ ,.. - City Attorney � ACCEPTANCE � WHEREAS , the City Council of the City of Grapevine, Texas , did on the 16th day of November , 19 71 , enact an Ordinance entitled: �. ,: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS , GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST , GRANTEE , TO CON5TRUCT, EXTEND, EQUIP, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE PUBLIC STREETS , ALLEYS , BRIDGE5 , AND PUBLIC GROUNDS OF THE CITY, SUCH OF IT5 POLES , CABLES , CONDUITS , WIRES , ANCHORS , MANHOLES AND OTHER APPLIANCES , STRUCTURES AND FIXTURES AS MAY BE NECESSARY OR CON- VENIENT FOR THE PURPOSE5 OF ESTABLISHING, CONDUCTING AND RENDERING TELECOMMUNICATION SERVICES (AS HEREIN DEFINED) TO THE PUBLIC 6aITHIN THE CITY, AND FOR CONDUCTING A GENERAL LOCAL AND LONG DISTANCE TELE- PHONE BUSINESS ; AUTHORIZING THE PROVI5ION OF FACILITIE5 AND EQUIPMENT FOR THE RENDITION OF METROPOLITAN TELEPHONE SERVICE AND OPTIONAL EXTENDED METROPOLITAN SERVICE; PROVIDING FOR THE FIXING OF RATES , FOR THE ASSIGNMENT OF THE FRANCHISE, FOR THE PAYMENT OF CERTAIN AMOUNTS TO THE CITY FOR SUCH USE5 AND RIGHTS OF USE , FOR REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. °' , and WH�REAS , said Ordinance was on the 16th day of � November , 19 71 , duly approved by the Mayor of said City an d 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 General Telephone Company of the Southwest hereby accepts said Ordinance and files this its written acceptan ce with the City 5ecretary of the City of Grapevine , Texas , in his office. DATED this day of , 19 71 GENERAL TELEPHONE COMPANY OF THE SOUTHWEST _ . By: , ATTEST: President ��p���V�� a:i TO FOR;JI � Secret " ���ni�� � ; . Acceptance filed in the office of the City Secretary of ��� Grapevine , Texas , this 6th day of December _� 19'�.� +��m �;j ij'� : �y''��C�'. '�1�s"�.� : Ls� � City Secretary ACCEPTA�CE WHEREAS , t'�� City Cou�c�i.l of t?�� City caf Grapevine, Texas , �'""did on the 16th day of � Novemaer �, 19 71 , enact an Ordinance entitled: , �. ,< "�1I�T ORDINANCE OF THE CITY COUNCIL OF Ti�� CITY OF GRAPEVINL, TEX1�S , GRANTING THE RIGHZ', PRIVILEGE ATID FRA�1C�iI�E TO GENERAL TE�EPHONE COi�IPANY OF ^1HE SOUTH�'1EST , G1�AN i EE , TO C0=`I5^1 RUCT , EXTEND, EQUIP , MAINTAIN ATID OPERATF IN , ALOVG , LTNDER, CVEn AND ACROSS THE PliBLIC STREETS , ALLEYS , BRIDGES , AND PUBLIC GPOU`tDS OF TIIE CTTY, SUCH OF � ITS POLES , CABLES , CONDJITS , .aIRES , .ANCI:ORS , i'i�1HOLES AI�tD OTHER APPLIAi10ES , S^1RUCTUP.ES AND FIITURES AS T��� BE NEC�SSARY OR CON- VENIEPJT FOR TH.� PURPUSES OF ESTABLISi3ING , COI1'JUCTING A�'�TD RENDERING TELECOMMT.NICATIO^Z SERVICES (AS HEF,���'Ii7 DE�''I^dEll) TO THE PUBLIC ti'dITHIN THE CITY, AND FOR CO�TDUCTTNG A GE�TE�.AL LOC<.T AND LONG DISTAPdCE TELE- PHONE BUSINESS ; AUTf:ORIZING TIIE PROVISI02� GF �ACILITIES AND EQUIPNENT FOR THE PtiEi1DITION OF ��'IETROPOLITAN TELEPHOrd� SERVICE A��1D OPTIONAL E�TENDED M�TROPOLITA1�d SERVICE ; PROVI]�I��G FOR TiiE FIXITJG OF RATES , FOR THE ASSIGi�1PZENT OF THE FRANC?3ISE , FOR TH� PAYTIENT OF CERTAIN AMOT,NTS TO THE CITY FOR SUCH USE� Ai1D Y.IGHTS OF USE , FOR REPEAL OF CONFLICTIl`1G ORDIi3AdCES Ai.1D FOR PARTIAL IIQVALIDITY; AND CONTAINING OTHER PROVISIOi1S RELATING TO T�iE SUBJECT. , and � WFi�REAS , said Ordinance was on the 16th day of �° November , 19 71 , duly approved by the Ma��or of said PoO City ar�d the seal oi said City was thereto affixed and attested •by ;� � the City Secretary; • N��a f THEREFORE , in compliance with the terns of said Ordinance as enact�d, approved and att.ested, the General Telephone Company of the Soutticaest hereby accepta said Ordinance and files this its �arirten acceptance with the City Secretary of_ the City of Grapevine , Texas , in his office . . DATED this day of , 19 71 GENE R1`�L TELEPHONE COT•ZPI�NY . OF THE SOUTHti�iEST By : � � � � A`.PTEST• President �n,ris��,�� �� ; � � TO FOR;V� ' ; . er- S e c re a l.AW C�F?��• Acceptance filed in the office of the City Sec ary of ( � Grapevine , Texas , this 6th _ day of December � 19�-a--- �� ��J ���� .��- .., �_ —� City Secretary