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CM 1957-06-03 THE STATE OF TEXAS )( COUNTY OF DALLAS )( The Town Council of the Town of Coppell, Texas, convened on this the 3rd day of June, 1957, with the following members present, to-wit: C. C. Mitchell, Mayor, Pro-tern Virgil Grace, E. E. Parker, Aldermen Grover Lanham, Roy Liberto, Town Secretary constituting a quorum, when among other proceedings had was the following: Mr. Lanham introduced a proposed orainance and made a motion that the rules requiring ordinances to be read at more than one separate meet- ing be suspended for the reason stated in the emergency clause. The motion was secOnded by Mr. Parker. The moti on prevailed by the following vote: AYES: Messrs. Grace, Parker and Lanham. NOES: None. Mr. Lanham made a motion that the ordinance be passed finally. The motion was seconded by Mr. Parker. The motion carrying with it the final passage of the ordinance prevailed by the following vote AYES: Messrs. Grace, Parker and Lanham. NCES: None. The Mayor, Pro-tern requested to be recorded as voting "Aye". The ordinance as finally passed is as follows: No-012 AN ORDINANCE GRANTING TO COPPELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO ERECT, AND MAINTAIN A SYSTEM OF POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS AND OTHER PLANT CONSTRUCTIONS AND APPURTENANCES, ALONG, ACROSS, OVER, THROUGH, ABOVE AND UNDER THE STREETS, AVENUES, ALLEYS AND OTHER PUBLIC PLACES OF THE TOWN OF COPPELL, TEXAS, FOR THE PURPLE OF FUHNISHING TELEPHONE SERVICE TO THE TOWN AND THE INHABITANTS THEREOF, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COPPELL, TEXAS: Section 1. That there is hereby granted to COPPELL TELEPHONE COMPANY, its successors and assigns (herein called the Grantee), the right, privilege and franchise until July 1, 1992, to construct, maintain and operate in the present and future streets, alleys and public places in the Town of Coppell, and its successors, telephone poles, wires, anchors, cables, manholes, conduits and other plamb construction and appurtenances, used in or incident to the giving of telephone service and to the maintensnce of a telephone business and system by the Telephone Company, for the purpose of furnishing telephone service to the Town of Coppell, Texas, and the inhabitants thereof. Sec. 2. Poles, structures and other appurtenances, shall be so erected and maintained as not to unreasonably interfere with traffic over streets and alleys. Ail 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 the 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, con- duits 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 any Town official to whom such duties have been or may be delegated. Sec. 3. 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 the work and maintained to the satisfaction of the To~n Council or of any Town official to whom such duties have bee~ or may be delegated, for one year from the date the surface of said street, alley, highway or public places broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the Town. No streets, alleys, highways or public places shall be en- cumbered for a longer period than shall be necessary to execute the work. Sec. 4. The service furnished hereunder to said Town, and its inhabitants, shall be subject to such reasonable rules and regulations as the Grantee may make from time to time. The Grantee may require reasonable security for the payment of its bills. The Grantee shall maintain its system in reasonable operating con- dition at all normal times during the continuance of this agreement. An exception to this condition is automatically in effect when service furnish- ed by the Grantee is interrupted, impaired or prevented, strikes and riots or other occurrences..beyond the control of the Grantee, or by storms, floods, or other casualties, in any of which event the Grantee shall do all things reasonably within its power to do, to restore normal service. Sec. 5. 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 in the Town, so as to prevent the branches of such trees from coming into con- tact with the wires or cables of the Grantee, and 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. Sec. 6. The Grantee shall hold the Town of Coppell, Texas, harmless from all expenses or liability for any act or neglect of the Grantee hereunder. Sec. 7. That on acceptance of this franchise by Coppell Telephone Company, it shall pay to the Town of Coppell, Texas, as street rental for twelve months succeeding July l, 1958, and annually thereafter on July 1st of each succeeding year for the life of this franOhise, Coppell Telephone Company, its successors and assigns, a sum equal to two per cent (2%) of its gross revenue received from furnishing said telephone service by said Grantee, conducted within the corporate limits of said Town, for the preceding calendar year, in full payment for the privilege of using and occupying the streets, highways, easements, alleys, parks and other public places within the Town of Coppell, Texas, whether as rental, supervision and inspection charges, or otherwise, for twelve months succeedirg July 1st of the year in which payment is made. This payment shall be in lieu of any other tax or increased rate of tax, or other imposition, assessment, or charges, except ad valorem taxes. Sec. 8. The Grantee is authorized to charge reasonable rates for the service furnished under this franchise, the rates to be charged being subject to the regulations by the Town Council of the Town of Coppell, Texas. It is expressly agreed and understood by and between the Town of Coppell, Texas, and the Grantee herein that the rates, as established in the schedule filed with the Town Secretary and identified by the signature of the Mayor, are reasonable under present conditions. The rates may be re-negotiated at any time by the mutual agreement of the Town of Coppell, Texas, and the Grantee without the necessity of a formal rate hearing. Sec. 9. This franchise is not exclusive, and nothing herein con- tained shall be construed so as to prevent the Town of Coppell, Texas, from granting other, like or similar rights and privileges to any other person, firm or corporation. Sec. lO. If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or un- constitutional, such invalidity shall not affect the validity of the remaining portion of this ordinance. All ordinances and agreements and parts of Ordinances and agreements in conflict herewith are hereby repealed. Sec. ll. The Grantee shall have sixty (60) days from and after the passage and approval of this ordinance to file its written acceptance thereof with the Town Secretary, and upon such acceptance, being' filed this ordinance shall take effect and bein force from and after the date of its passage and approval by the Mayor and shall effectuate and make binding the agreement provied by the terms hereof. The fact that the Town of Coppell, Texas, end its inhabitants, are in immediate need of the relief afforded by the provisions of this ordinance creates an emergency and an imperative public necessity demand- ing that any and all rules requiring ordinances to be passed at more than one meeting be suspended, and that this ordinance take effect immediately upon and after its passage, and it is so ordained. PASSED AND APPROVED, this the 3rd day of June, 1957. R M Johnson ATTEST: Mayor, Town of Coppell,Texas Roy Liberto Town Secretary