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HomeMy WebLinkAboutOrdinance - 2147-1957 - Granting A Permit To Vumore Company To Use Public Ways Within The City Limits. - 02/14/1957' * A ~~ ~\ J 0 -;?_, AN ORDINANCE OF THE CITY OF LUBBOC~ GRANTING .A PERMIT TO OR.DIN-Al'{CE NO. 2147 ().;2.-~co -\~51- ~-'/-4'7 4-?""~z.s, +u I \ VUMOR.E COMPANY> A CORPORATION~ TO USE PUBLIC WAYS WITHIN THE CORPORA.TE LIMITS OF THE CITY FOR THE. PURP.OSE OF OPERATING AN ELECTRONIC HOME THEATER. AS PROVIDED IN SAID PERMIT~ FOR A TWENTY YEAR PERIOD; PROVIDING FOR COMPENSATION TO BE PAID TO THE CU'Y FOR USE OF ITS PUBLIC WAYS AND POLES; PROVIDING THAT THE RIGHTS GRANTED SHALL NOT BE EXCLUSIVEJ PROVIDING TYPES OF INSURANCE-TO BE MAINTAINED IN FORCE BY THE PERMITEE AND FURTHE AUTHORIZING THE MAYOR TO EXECUTE SAID PERMIT. WHEREAS,. the City Commission has been requested to issue a. permit to Vumore Company._ a. Corporation. to use its power line poles and public ways for the purpose of stringing cables throughout the City to make an Electronic Home Theater availabe to residents in the City. and the Commission finds that in all probability service to the inhabitants of the City would be de sir able and :would not interfere with public uses necessarily made of public ways .. NOW THEREFO BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. The Mayor of the City of Lubbock is hereby authorized to issue to Vumore Company.,, a corporationlt-a permit to use the poles and public ways in the City of Lubbock for the purpose of extending to the inhabitants of the City of Lubbock an .Electronic Home Theater.-all as authorized in the copy of the permi hereto attached and made a paxt of this ordinance~ said permit providing fo:.· compensation to be paid the City for qse of its public ways and also for the use of each pole of the City. SECTION z. When the permit is issued by the Mayora the City Secretary is authorized and directed to attest the same and make available to the grantee a true copy of the permit form attached to and made a part o£ this ordinance. 4ND IT IS SO ORDERED. Passed by the Commission on first reading this 14 day of February .1957 ---~·~--~~--------~ ATTEST: l --.l • .,.~'\.. -.. ~ . . R PERMIT CITY OF LU.BBOCK TO VUMORE COMPANY~ A CORPORATION SECTION 1. There is hereby granted by the City of Lubbock (herein called City) to the Vum.ore Company• a corporation. (herein called Grantee), and its succe>;asors and assigns the right and privileges for a period of twenty (2.0) years. from th.e date of this per.rnit, to construct, m.aintain and operate in the present and future high ways, streets and alleys (here called public ways) and other public ways of the City of Lubbock, Texas., and its successors,, neceasary wiring, cables, and other apparatus for the purpose of operating .and extending to the citizens of Lubbock,. Texas, and the inhabitants thereof, .. and others, an Electronic Home Theater. There is hereby granted the further right, privilege and authority to the Grantee to lease, rent, or in any other :manner obtain the use of auch tower s1 poles1 lines, cables and other equipment and facilities from any and all holders of public license arld franchise within the corporate limits of the City of Lubbock, and to use towers,. poles, lines, cables and other such e.quipment and facilities, subject to all the existing and future Texas laws, City Charter provisions,, and ordinances and regulations of the City. •. SECTION 2. The Grantee shall, at all timea1 m.a.k.e and keep full and complete plata, maps and records showing the exact location of all Electronic Home Theatre equipment placed on,. over, or under public waya by the Grantee in the City of Lubbock, Texas. SECTION 3. The Grantee shall defend the City against any lawful clai.ln for injury to any property caused by the Grantee in the construction or operation of its property; and in the event of such determination of such liability shall indem- nify the City. The grantee herein, ita successors and assigns._ shall indemnity and hold harmless the City of Lubbock• Texas, from any .and all liabilities• claims, demand, or judg.ments growing out of any injury to any person or property a~t the result of the violation or failure on the part of the Grantee~ it• successors and assigns, to observe its proper duty, or becaaae of negligence in whole or in part arising out of construction. repair, extension. maintenance or operation of its equipment of any kind or character used in connection with this perinit. S.ECTION 4. All installation of equipment shall be o£ a permanent nature,. durable and installed in accordance with good engineering practice, and of sufficient height to comply with all City regulation•• Ordinanee11 and State laws ao as not to interfere in any manner with the rights of the public, or public utility organization•, or individual property owners, and shall not interfere with the travel and use of public ways and places by the public, and during the construction, repair or removal thereofa shall not obstruct or impede traffic. SECTION 5. City reserves the right of reasonable regul11-tion of the erection and construction of any work by the Grantee on the public ways and to designate where such works and con..struction are to be placed and the judgznent of the governing -1- "'· .... -. , ... . .. ('qdy of the City shall be final. Grantee shallt. when requested by City, make changes ...... ita equipment to conform to the reasonably neceB.sary requirements of small ( Jcalized areas, such changes to be properly &ffected a!tef oral r,.queat O:t!written notice therefor. No wiring,, cables or other apparatus shall be installed on any public way until a plat of the proposed location has been filed with and approved by the City' a employee de aig.nated by the City Manager. Grantee &hall provide at all times and maintain a(iequ.ately trained a.nd equipped personnel to construct1 re- construct, install, .maintain and remove its facilities located on._ over._ or ~der public ways o£ the Citya and to render all necessary emergency service to such facilities. SECTION 6. The Grantee shall have the right to assign this permit, subject to the approval of the City Commiasion of the City o£ Lubbock by its written resolution. SECTION 7. The Grantee ahall procure and furnish and file with the City Sec- retary and keep in force the following insurance policies: (.a.) Workmens1 compensation in.surance in accordance with the laws. of the State of Tex:a.s. (b) Public liability ins.urance with limits of not less than $2.5* 000. 00 to any one per son and $50, 000. 00 to any one accident. (c) Automobile liability insurance with limits of not less than $~51 000.00/ $50,000.00 property damage and public liability. (d) Property damage insurance with a limit of not leas. than $5,.000. 00 for any one singular accident. Grantee shall provide the insurance required by this section pripr to installation o£ any facility herein provided. SECTION 8. This permit may be forfeited by the City upon the failure or refusal of the Grantee• its successor a and asaignst to observe the terms and provisions of this permit. Such forfeiture may be exercised by service of notice upon the Grantee of failure to observe the terms hereof and upon the refusal., within such reasonable time as may be required by the City Manager• to eliminate and obviate such failu~emr violation. SECTION 9. The Grantee herein shall pay to the City o£ Lubbock at the City Hall-in Lubbock, .. Texas• as a permit fee and compensation for the rights and privileges granted herein the following: A .J suzn equal to one {1) per cent of Grantee1a total gross subscriber fee, less taxes received by Grantee from ita. custQm~r• withi.n .tbe City,r-of Lubbock and other --Z-- r. cuatomer .s, wherever located, which are served through facilities of Grantee located on the City1 s. public ways. , In addition thereto the Grantee shall pay to the City ONE AND 75/100 ($1. 75) DO.LLARS per year rental for each City owned pole us.ed by Grantee. Such fee and rental ahall be paid annually, the .first payment to be made on or before January 15, 195.8, and aubsequent payments on or before the 15lth day of January of each S'!J.CCeeding year. Such payments are to be paid according tQ an audit made by a certified Public Accountant and all books of the Grantee shall be maintained in Lubbock, Texas, subject to inspection of the City1s representatives at all reasonable time •• for verification. The permit fee and pole rental herein provided for shall b.e aubject tore- negotiation after ninety (90) days notice by the City to Grantee provided the permit fee shall not exceed four per cent of Granteeta gross subscriber fees. The pole rental fee shall be in .addition to the permit fee. SECTION 10. Grantee shall maintain an office in Lubbo4t Texa~ an.d all notices herein provided for or otherwiae given by the City1, shall be given by addressing such notices to Grantee at its last known addres..s in Lubbock.a Texas. and placing the aa.me in the United States mail, and notices. so posted shall constitute notice to Grantee of all matters contained in said notices. SECTIONll. Grantee shall not abandon any wiring, cables, apparatus• equipment, or other facilities and permit the same to remain on any pole belonging to City or any public utilitya, or otherwise1 on fillY public way of the City but shall promptly remove the sa.m.e u.pon abandonm.ent,; SECTION 1~. Prior to the installation of a.ny facilities upon any public way o£ the City or pole within the City1 Grantee shall provide the City with a good and sufficient bond conditioned for the faithful perforxnance of the terms of this permit., and payment of all fees and rentals. as provided for herein. SECTION 13. Not withstanding any other provision of this permit, the rights and privileges herein granted to Grantee are subject to Grante&' complying with all laws, and are further subject and a}lbo:rdinate to any and all public ua.es including but not limited to existing and future uses m.a.de and to be made of public ways of every kind within the City1 and Grantee ahall make no agree- ment with any peraon or other le·g8,1 entity which shall in any manner prejudice1 or otherwise limit and restrict the City's exclusive jurisdiction over its public waya and public facilities• and Grantee shall, at its own cost and expense1 alter, change, relocate• or remove ita wiring, cablesa apparatus, equipment,. and facilities as required by City to meet changing conditions when deemed \. . expedient by t~e City and i\'dere City lines m.ust be adjusted to accommodate -3- ... . 8 [nsert :2~ ~t5H Grantee's cables, lines .and equipm.ent, all costa incident thereto shall be paid to City by Grantee upon demand. Grantee is not authorized to place any poles • . on any public way, and City owned poles shall be used by Grantee where feasible. SECTION 14. This permit is not exclusive .and nothing herein contained shall be construed to prohibit the City from granting any other like privileges to any other firm or corporation. SECTION 15. In the event Grantee renders any complimentary or free service to any 11subscriber11 or ultimate consumer Grantee shall pay the City the percentage herein provided for, of the current or established subscriber fee just as if each free consumer wa!iJ paying the established subscriber fee. SECTION 16. Consumer service herein contemplated shall be made av~ble substantially throught the City within two years from January 15, r£]aovertising or commercials permitted through cables or wires. 1957. Executed by the Mayor of the City of Lubbock, Texas, pursuant to and as authorized by Ordinance No. Zl47 of the City of Lubbock , and this permit is issued subject to all conditions stated therein, this 2a day of February ' 1957. --------------~ Ma..yor, ATTEST: ~f?INDBEV CLIFTON TOWER PLAZA LYRIC CACTUS • CORRAL DRIVE-IN 7. :e , "Ve 0 t:lC T Oilt:l • -,:'! 4"" ... l "':,.' .f. ) ob~~c:..:.ons . -- OFFICE OF .J. B. RHEA ' P. 0. BOX 980 LUBBOCK. TEXAS THEATRE CITY MANAGER '"' IYJ.:.e I r , t' ~c~~~r~y ~S , 1957 PHONE PORTIER 2 ·3591 '~ ~ t~ 'i..o 1 'I:'() )~' ...,:l:s o:::' ::_1lnc.:."'1L ~or-r,...,,.. .:.rl r,1v .... t.:.O<.:. 1~ _,, c,,l~ l" t• e:., Co:i •:c-r .:.o~l :'l'1uS ·_t; .,.,nrol-cr .'0 ' \"C u) Je . id n.:>t ""''" ':o .j..' 5. s f""" ..... rA-:r1e-: .. t ,.~·~ ... .-. ~.v.L t' "" r ... :sc:~:.::on .... ~ ~ thiJ t<-r l..i."'lf , 1ec..,:.1 .. e ,[f" ':'c"!.t ... :,;_ ,!' r -:r~"}e;.:.....,le •r .l...,.,. ... ... c. e } 1 t" ..... t.., " tc "r[ ..... l'-~e [. ! ... 0 t r • ~ " .. t:n~ · ro " o 0o- r3t..~tl t.:.o"1, I 'l 0 ., , c .