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HomeMy WebLinkAbout1942-03-19 Telephone Resolution" .� r'v_ A RESOLUTION WHEREAS, on the 17th day of March, 1919, the City of Ste- phenville, Texas, passed by a vote of its City Council, a fran- chise ordinance granting to S. A. Lindsey, associates, succes- sors and assigns, the right, privilege and authority to con- struct, reconstruct, operate and maintain upon and under the streets, alleys and public ways of the City of Stephenville poles, wires and fixtures, also underground conduit, cables, wires and fixtures necessary and convenient for the purpose of furnishing to the citizens of said City and the public communi- cation by telephone or other electrical devices, such use of said streets, alleys and public ways to be and continue upon the terms therein stated for a period of Fifty (50) years, in which franchise contract it was specifically provided, among other things, that the said S. A. Lindsey, associates, succes- sors and assigns, shall pay to the City of Stephenville the sum of Sixty ($60.00) Dollars annually, together with the right of the City of Stephenville to attach its municipal fire alarm system to said Company's poles, as fully set forth in Section 5 of said franchise ordinance, which provision shall constitute all demands, excepting alone ad valorem taxes, which said con- sideration and privilege so specified has at all times been made available to and promptly paid to the City of Stephenville by the said S. A. Lindsey, his successor and/or the Gulf States Telephon company as therein provided; and S it is the desire of the City Council of the City oZetso enVille to levy a rental charge for the use of its s alleys and other public places by said Company for its K te'iephone pole, wires and appurtenances of two per cent (2%) # .7 of the grosd receipts collected by the Gulf States Telephone Company, successor owner of the said franchise above mentioned, accruing from rentals collected for telephone subscribers' stations within the corporate limits of said city; and �d Oak WHEREAS, Gulf States Telephone Company has indicated a willingness to pay such charge of two per cent (2%) on the gross receipts from the rentals above mentioned for a period of five (5) years, beginning with March 17, 1941, to be instead and in lieu of payment of said Sixty ($60.00) Dollars as provided for in Section 5 of said franchise mentioned in the foregoing first paragraph hereof, to which franchise reference is here made for all purposes, and upon condition that during said period said provision in which Sixty ($60.00) Dollars was to be the annual payment to the City of Stephenville shall stand suspended; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION 1. A rental charge of two per cent (2%) is hereby levied against the Gulf States Telephone Company upon the gross receipts paid to the Gulf States Telephone Company as rentals for subscribers' stations within the corporate limits of said City, the same to be in lieu of the sum of Sixty ($60.00) Dollars provided in the franchise hereinabove mentioned and limited to the period of five (5) years beginning with March 19, 1941, and that during said period the payment of Sixty (46Q.00) Dollars as provided for in said franchise shall stand suspended. ACTION 2. In the event the Gulf States Telephone Company, ,,,lessor to S. A. Lindsey and associates, accepts the terms of his resolution within thirty (30) days from and after the pas- saee hereof, then the terms hereof shall constitute a contract and the payment herein provided for shall cover and include the amount which the Gulf States Telephone Company was required to pay to the City of Stephenville under the terms of Section 5 of the franchise ordinance and shall cover and include each and all, any and every tax or increased rate of tax, charge, payment, license, or otherwise, whether as rental, supervision and in- spection charges, or otherwise, for the use and occupancy of the streets, easements, alleys and other public ways in said City with the exception of ad valorem taxes. PASSED AND APPROVED this 5 n day of March, A. D. 1942, W SEAL: M A Y O R �E-C RE T A R Y ACCEPTANCE WHEREAS, the City /Council of the City of Stephenville, Texas, did on the n/ day of March, A. D. 1942, enact a res- olution; and WHEREAS, said Resolution was on the day of March, A. D. 1942, duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the Secretary: NOW, THEREFORE, in compliance with the terms of said resolu- tion as enacted, approved and attested, the Gulf States Tele- phone Company, successor to S. A. Lindsey and associates, hereby accepts said resolution and files this, its written acceptance with the Secretary of the City of Stephenville, Texas, in his office. DATED this _.� day of T' A. D. 1942. GULF STATES TEAPOONE COMPANY BY: OS U ON, V. P. Fc G. M.