ORD 1988-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 88-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 85-11 GRANTING A
TELEPHONE FRANCHISE TO SOUTHWESTERN BELL
TELEPHONE COMPANY BY AMENDING SECTION 7
THEREOF TO PROVIDE THAT THE TELEPHONE COMPANY
PAY THE TOWN THREE PERCENT (3%) OF THE ANNUAL
GROSS RECEIPTS RECEIVED FROM BASIC LOCAL AND
PREMIUM LOCAL EXCHANGE TELEPHONE SERVICE;
AMENDING SECTION 8 TO PROVIDE THAT THE
PAYMENT OF THE THREE PERCENT (30) FEE SHALL
BE IN LIEU OF CERTAIN TAXES AND CHARGES
EXCEPT AD VALOREM TAXES AND SALES AND USE
TAXES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; DELCARING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. That Ordinance No. 85-11 of the Town: of
Trophy Club, Texas (the "Town") granting a telephone franchise
to Southwestern Bell Telephone Company is hereby amended in the
following particulars, and that all other sections,
subsections, paragraphs, sentences, phrases and words of said
ordinance are not amended but are hereby ratified, verified,
approved and affirmed:
A. That Section 7 of Ordinance No. 85-11 is hereby
amended so that it shall hereafter read as follows:
Section 7. Annual Cash Consideration to be Paid
by the Telephone Company.
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 (30) of the annual gross receipts from
basic local and premium local exchange
telephone service for the preceding year
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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 rate making purposes. The
term "basic local exchange telephone service"
shall mean the provision by the Telephone
Company of an access lane 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 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.
B. That Section 8 of Ordinance No. 85-11 is hereby
amended so that it shall hereafter read as follows:
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 2. if any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
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or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it
would have passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 3. This Ordinance shall be cumulative of all
other ordinances of the Town of Trophy Club, Texas, affecting
the Telephone Company franchise and shall not repeal any of the
provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the
provisions of this Ordinance.
Section 4. That this ordinance shall take effect from
and after its date of passage as provided by law.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas this the 11 day of July , 1988.
May r, Town of �T ophy Club, Texas
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Tcfw-h--tecretary
Town of Trophy Club
[SEAL]
APPROVED AS TO FORM:
Town Atorney
Town o Trophy Club, Texas
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