HomeMy WebLinkAboutOrdinance 1933A
ORDINANCE NOa "
A.N ORDINAN'CE WHEREBY THE CITY OF FORT
WORTH, TEXAS, AND THE SOUTHWEST' N
BELL TELEPHONE COMPANY .A.GREE THAT THE
TELEP~IONE CO1~iPANY SHALL PAY AN ANNUAL
TNSi~ECTION FEE AND SERVICE CHARGE TO
COVER THE COST OF .AND TO COMPENSATE
THE CITY FOR SERVICES RENDERED BY THE
CITY IN EXERCISING ITS POLICE POLITER OF
REGULATION AND INSPECTION OF THE POLES,
~VIRES,.GONDUITS, EQUIPMENT AND OTHER
TELEPHONE CONSTRUCTION OF THE SOUTH-
WESTERN BELL TELEPHONE COMPANY IN THE
STREETS, ALLEYS, HIGHW.P.-YS AND PtTBLIC
GROUNDS OF THE CITY; .AND REPE.~LING ALL
ORDINANCES AND .AGREEMENTS AND PARTS OF
ORDINAANCES AND AGREEMENTS IN CONFLICT
HEREv~i ITH.
Uru7~EREA,S, the Southwestern Bell Telephone Company, here-
inaf ter referred to as ~kxe "eeepu~ne Company, ~' is now and has
been engaged in the telephone business in the~State of Texas$
and in furtherance thereof, has erected and maintair_ed poles,
wires, conduitsp equipment and other telephone construction in
the streets$ alleys, highways and public grounds of the City of
Fort ~iorth, Texas, hereinafter referred to as the t1City,'~ 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 ex®
ercise of such reasonable rights of regulation under the police
power as have been lawfully granted by and under said laws to
said City; and,
'1VHERE.AS, in exercising its said rights of regulation
under the police power it is desirable that the City regulate
and inspect the construction of the Telephone Company~s poles,
wires, conduits, lines and equipment in the streets, alleys and
h.ighti~ays of the City; and,
WHEREAS, the City incurs expense and renders services
in connection with said regulation and inspection, which expense
should be borne and compensated for by the Telephone Company,
0
4
THEREFORE,
BE IT ORD.~INED BY THE CITY COUNCIL OF THE CITY OF
FORT VOORTH, TEX,~.S
SECTION 1~
That Pram and after 'the effective date of this ordi~
Hance the Telephone Company shall pay to the City of Fort V~orth
an annual inspection fee and service charge in an amount equal
to two per cent (2g') of the gross receipts far the preceding
year received by the Telephone Company from the rendition of
local exchange telephone transmission service within the corpor~
ate limits of the City. Said amount of two per cent (2~) of tkie
gross receipts shall constitute compensation., to„~th~,~City Por...the
expense incurred and services render®d by the City in exercising
its police power of regulation and supervision over the constr~zc=
Lion and location of t'he T®lephone Company+s poles, wires, con®
ducts, equipment and other facilities in the streets, alleys,
highways and public grounds of the City, and shall be due and pay~•
able on the first day of March of each year for the preceding
calendar yearn The first payment hereunder sha11 be made March
lst, 1937, and shall equal in amount two per cent (20) of the
gross receipts aforesaid received for the period beginning Janes
nary 1st, 1936, and ending December 31st, 1936; and thereafter
payments shall be made annually on March lst, as hereinbefore proms
videdQ
SECTION 2,
During the continuance of this agreement and so long
as the Telephone Company shall pay to the City the percentage of
its gross receipts aforesaid, the City agrees that said .payment
shall be received by it in lieu of any tax, license, charge, fee9
street or alley rental, or other character of charge, heretofore
or hereafter levied, far use and occupancy of streets, alleys and
public places of the City; in lieu of any pole tax or charge or
permit fee; 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 percentag®
of gross receipts herein provided for shall be in lieu of the
taxes, licenses, charges, fees, rentals, and easement or fran-
chise taxes aforesaid, then the City agrees that it will apply
so much of said payment of percentage of gross receipts, up to
the amount of one and one-half per cent (12~), as may be neces®
nary to the satisfaction of the Telephone Company's obligations,
if any, to pay such taxes, licenses, charges, fees, rentals, and
easement or franchise taxes®
SECTION 3®
The Telephone Company shall hold itself ready to fur-
Wish, 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 City4s police and fire alarm system; provided that
the required wire space shall not exceed the wire capacity of
one cross arm on any one poles The location on the poles of this
fire and police wire space shall be determined on specific ap-
plications 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 De-
partment of Commerce, Bureau of Standards. In its wire con-
struction 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 far use by the City in carrying its police
and fire alarm wires. A.11 such wires, whether on 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. It
is further agreed that the Telephone Company shall not be re®
sponsible to any party or parties whatsoever for any claims, dew
elands, losses, suits, judgments for damages or injuries to per-
sons or property by reason of the construction, maintenance, ins
spection,or use of the police and fire alarm wires belonging to
the City, and the City shall indemnify and hold the Telephone
Company harmless against all such claims, losses, demands, suits
and judgments. Nothing herein contained shall obligate ar rem
strict the Telephone Company in exercising its right voluntarily
to enter into pole attachment, pale usage, joint ownership, .and
other wire space and facilities agreements with the City and
with the light and power companies, or with other wire using com®
ponies which may be privileged to operate within the City.
SECTION 40
All ordinances and agreements and parts of ordinances
and agreements in conflict herewith are hereby repealed,
SECTION 5®
The Telephone Company shall have f ifteen (15) 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 be considered
as taking effect and being in force from and after the date of
its passage and approval by the Mayaro
~'assed and approved this day of
m
ayor
ATTEST
y acre ary
.A.PI'ROVED AS TO LEGA~I, FORMa
y orney
ACCEPTANCE,
'tIHEREAa, the City :Council of the City of Fort
^Iorth, Texas, did on the 23i~i3 day of 17ecer~ber, 1936} enact
an ordinance ent itled:
''AN "ORDINANCE vVHEREBY THE CITY OF FORT ~IV'ORTH,
TF`~.S , A~ THE. SOU 1^H:~ES T ERN BELL TELEPHONE C OP.~IPANY AGREE
'~ ~,T THE TELEPHONE COI~PATdY' SH,~,LI= P~.Y AI3 ANNI7AL TNSPECTTON
FEE AND ~ERZrICE CHAPtiGE TO COVER THE COST OF AND TO COT~rIPEI~T-
SATE THE CITY FOR SERVICES REl~IDER+~'D BY THE CITY Tip EXER-
CISING T:l'a POLICE POalER OF REGULATION :~T~tD ISTSPECTION OF
•i'HE POL~~S , -AIRES , CONDUITS , E~JUIPI~4ENT AND OTHER TELEPHONE
CONSTRUC'I`IOi1 OF THE SGUTH~•`1ESTERIJ BELL .TELEPHONE COi~;IPAiVY'
TT~T THE S`.t"R EE`.CS 9 ALLEYS , HIGH'~1.~YS AT~JD PUBZ.LC GROUNDS OF THF,
CIT.Y~ As~TD RPE~LII~TC-~ ALTS ORDIT~TANCES :EiND AGREEA,2EI:~TS r;ND P'' TS
OF ORDII~TAAICES.~ND AGR.EEI~,i'i~NTS IN CONFLICT IEP~E~'ITTH.'t
and
~'t'HEREAS, said ordinance tr~as an the ~'~'rii day ai
Dece~.ber, 1.936, duly approved by the N_iayar a€: said City
and the seal of saki City was. thereto a~:~ixed and attested
by the City Secretarya
NO?"l, `THEREFORE, in compliance with the. terms of
said ordinance as enacted, approved anal attested, the
Southwestern Bell. 'Telephone Carnpany hereby accepts said
ordinance and files this its ~~~€ritten acceptance with the
Gity Secretary of the. City o~ Fort i~~Forth, Texas, in his
oiiice.
Dated this_~® day of_ ~.~.~,~~.+~°,A,~ 19.
~~~~ ~"' SOUTH`~~'STERN BELL: TELEPHONE. GOI.4PAI~IY
~~ Vice President
:~.eceptance riled in the af~fice of the City Secre-
tary o£ Fort ~i~orth, Texas, this~~~ day of.~a~.~.._^~ ~. ~
1.9~,~. C
City See, etary