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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 85--11
AN ORDINANCE WHEREBY THE TOWN OF TROPHY CLUB,
TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE
COMPANY AGREE THAT THE TELEPHONE COMPANY
SHALL CONTINUE TO ERECT AND MAINTAIN ITS
POLES, WIRES, ANCHORS, CABLES, MANHOLES,
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 TOWN, UNDER REGULATIONS AND RESTRICTIONS
AND THAT THE TOWN 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,
hereinafter 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 Town of Trophy
Club, Texas, hereinafter referred to as the "Town," 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 regulation under the
police power as have been also lawfully granted by and under
said laws to said Town; and
WHEREAS, it is to the mutual advantage of both the Town
and the Telephone Company that an agreement should be entered
into between the Telephone Company and the Town establishing
the conditions under which the Telephone Company shall operate
in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
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
Town, shall remain as now constructed, subject to such changes
as under the limitations and conditions herein prescribed may
be considered necessary by the Town in the exercise of its
lawful powers and by the Telephone Company in the exercise of
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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 limits of the Town 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. sui3ervision bY---City b---Cityof 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 Company in the
construction and maintenance of its telephone system in the
Town, and the location of all conduits to be laid by the
Telephone Company within the limits of the Town under this
ordinance, shall be subject to the reasonable and proper
regulation, control, and direction of the Town Council or of
any Town 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
Town Council, or of any Town 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 Town. 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
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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 Town, 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
Town, said trimming shall be done under the supervision and
direction of the Town Council or of any Town official to whom
said duties have been or may be delegated.
Section 7.YAnnual Cash Consideration to be Paid by., the
Telephone Compan .
To indemnify the Town for any and all possible damages to
its street, 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 Town for its superintendence
of this agreement, and as the cash consideration for the same,
the Telephone Company agrees to pay to the Town annually during
the continuance of the agreement a sum of money equal to three
percent (3%) of the annual gross receipts from basic local and
premium local exchange telephone service for the preceding year
received by the Company from the rendition of telephone service
within the corporate limits of the Town. The total sum of
money paid hereunder shall not in any event exceed the amount
allowed by the Public Utility Commission of Texas as a
reasonable and necessary expense of operation for ratemaking
purposes. The term "basic local exchange telephone service"
shall mean the provision by the Telephone Company of an access
line and dial tone to a fixed location for sending and
receiving telecommunications in the Telephone Company's local
exchange network. The term "premium local exchange telephone
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service" shall mean an access line and dial tone for enhanced
telephone service, including multi -line rotary, trunks,
customer owned paid telephones, public announcement service and
976 service. Payment shall be made annually on April 15 of
each year as herein provided.
Section 8. Payment of Cash Consideration to Be in Lieu
of and Other Payment Except Usual General or- Special ad Valorem
Taxes.
The Town 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 Town; 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 or sales and use
taxes now or hereafter levied. Should the Town 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 Town 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 easement or franchise taxes.
Section 9. Facilities to Be Furnished Town 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 Town, such wire space as may be
required from time to time by the Town upon the poles now
owned, or hereafter erected by the Telephone Company in the
Town for the use of the Town's police 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 Town, 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 poles, the
Town 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 Town in
carrying its police and fire alarm wires. All such wires,
whether on poles or in conduits, shall be constructed,
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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.
It is further agreed that the Telephone 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 and use of the police and fire alarm
wires belonging to the Town, and the Town shall indemnify and
hold the Telephone Company harmless against all such claims,
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 Town or for the Town, nor to require or permit any
electric light or power wires to be placed in any duct used by
the Town in the Telephone Company's conduits. If light or
power attachments are desired by the Town or for the Town, or
if the Town desires to place electric light or power wires in
any duct used by the Town, then a further separate
noncontingent agreement shall be prerequisite to such
attachments or such use of any duct used by the Town. 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 Town.
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
twenty (20) years after May 31, 1985, provided that at the end
of the expiration of the initial period, such term shall be
automatically renewed forthwith for successive periods of
twenty (20) years, conditioned, however, that if during the
last four months of the initial period or of any successive
twenty (20) year period, not less than ninety days' prior
written notice shall be given either to the Telephone Company
by the Town or to the Town by the Telephone Company, 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 12. No Exclusive Privileges Conferred by This
Ordinance.
Nothing herein contained shall be construed as giving to
the Telephone Company any exclusive privilege.
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Section 13. Successorsand Ass_i.gns.
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 assign.
Section 14. Partial Invalidity and Repeal Provisions.
If any section, sentence, clause, or phrase of this
ordinance is for any reason held 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.
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
acceptance thereof with the Town Secretary, and upon such
acceptance being filed, this ordinance shall take effect and be
in force ninety (90) days from and after the date the
acceptance is filed with the Town and shall effectuate and make
binding the agreement provided by the terms hereof.
PASSED AND APPROVED this
ATT S
Town Secretary
Town of Trophy Club
[SEAL]
7th day of May, A.D. 1985.
, Town of Trp&y Club, Texas
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