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HomeMy WebLinkAboutOrdinance - 3197-1960 - Southwestern Bell Continue Erect ETC... Telephone Equiptment - 07/13/1960ORDINANCE NO.o -7 f.-. 1 ~ fc t AN ORDINANCE WHEREBY THE CITY OF LUBBOCK8 TEXAS AND THE . . 01 -26-l:f ' lsouTHWBSTERN BELL TELEPHONE coMPANY AGREE THAT THE TELEPHON I -:: · !COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES. WIRESa, '? 'IJ it:.~ ~NCHOas_ CABLES. MANHOLES. CONDUITS. AND OTHER PLANT CONSTRUe~· , ~ , TION AND APPURTENANCES ALONG, ACROSS,. ONa OVE~ THROUGH. _ABOVE c..J ..... AND UNDER ALL PUBLIC STREETS.. A VENUES. ALLEYS,. PUBLIC GROUNDS fl ~ ~-ND PLACES IN SAID CITY~ UNDER REGULATIONS AND RESTRICTIONS AND y( (:\ \. -~ "'THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT TO: / r:; USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY._. ALL AS HEREIN {,, ~ .. ou.t ... ROVIDEn :P[J t~ 1/.t• I . ?. \ t WHER.EAs_ the Southwestern BEll Telephone Company. hereinafter referred to 1 /2 . cJo s the "Telephone Company",, is now and has been engaged in the telephone b)l&ines+, {Q t n the State of Texas and in furtherance ~hereof• has erected and maintained certai1 ~-'tems of its plant construction in the City of Lubbock, Texas• hereinafter referred l\ ~·' ~o as the 11City"• for many years pursuant to such righte as have been gxanted it by ~y.f. nd under the laws of the State of Texas1 and subject to the exercise of such reason . f\. ble rights of regulation under the police power as ha\e been also lawfully granted · 'by and under said laws to said City; and ~ WHEREASa it is to the mutual advantage of both the City and the Telephone Co~- any that an agreement should be entered into between the Telephone Company and 9P! fURN!SHE he City e~tablishlng the conditims under which the Telephone Company shall operat 1 ~~ e~-L-W ·n the City». NOW THEREFORE: ~~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: II 7 K..( I SECTION 1. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT jAND SERVICE II The poles._ wires, anchors,_ cablesa manholes:~ conduits and other plant con- ~truction and appurtenances, used in OJ: incident to the giving of telephone service !'lnd to the maintenance of a telephone business and system by the Telephone Com- ~ny in the City,. shall remain as now constructed1 subject to such changes as der the limitations and conditions herein prescribed may be considered neces- ry by the City in the exexcise of its lawful,powers and by the Telephone Company the exercise of its business of furnishing telephone service ; and the Telephone Company shall continue to exercise its right to place• remove,. construct and ~econstruct,. extend and maintain ita said plant and appurtenances as the business nd purposes for which it is or may be incorporated may from time to time re- uire along111 across, on• over,, through, abovea and under all the public streets~ venues• alleys and public grounds and places within the present limits of the City jCLnd within said limits as the same from time to time may be extended:~ subject to the xegulations, limitations and conditions hexein pxescribed. SECTION Z. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUI All 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 any gutter or drain1 and so that the same will interfere as little as practicable with the ordina7:y ravel on the street or sidewalk. The location and route of all poles• stubs, guys;a nchors1 conduits and cables to be placed and constructed by the Telephone Com- any in the construction and maintenance of its telephone system in the City,_ and I the location of all conduits to be laid by the Telephone Company within the limits of the City Wl.der this ordinance• shall be subject to the reasonable and proper regu" lation• control and direction of the City Commission or of any City official to whom such dutie"S have been or may be. delegated. SECTION 3. STREETS TO BE RESTORED TO GOOD CONDITION The surface of any street,. alley01 highway• or public place dist~rbed by the Telephone Company in building•. constructing,. renewing or maintaining its tele- phone plant and system shall be restored within a reasonable time after the com- pletion of the work to as good a condition as before the commencement of work and maintained at cost of Telephone Company to the satisfaction of the City Com ... mission• or of any City Official to whom such duties have been or may be delegated for one and one•half years from the date the surface of said street• alley~ highway, or public place is broken for such construction or maintenance work:. after which time responsibility for the normal maintenance shall become the duty of the City unless such restoreation shall fail. No streeta alley._ highway or public place shall be encumbered for a longer period than shall be necessary to execute the work• and location of all facilities shall be subject to approval of City. No Wl.derground facility shall be installed or constructed without written approval of City11 prior to installation or construction. SECTION 4. OPERATION AND MAINTENANCE OF TELEPHONE PLANT The Telephone Company 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 furnished by the Telephone Company is interrupted, impaire~ or prevented by. fires11 strikes. riot sa or other occurrences beyond the control of the Telephone Company, or by storms., floods or other casualties, in any of which events the Telephone Company shall do all things, reasonably within its power to do., to restore normal service. SECTION 5. TEMPORARY REMOVAL OF WIRES The telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky struc- tures. The expense of such temporary removal• raising or lowering of wires sha be paid by the benefited party or parties11 and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. SECTION 6. TREE TRIMMING The righta license. privilege and permission is hereby granted to the Telepho e Company, its successors and assigns at its own costa to trim trees upon and over- hanging the street. ;ill.eys, sidewalks, and public places of the City~ so as to pre- vent the branches of such trees from coming in contact with the wires or cables of the Telephone Company,. and when so ordered by the City,, said trimming shall be done under the supervision and direction of the City Commission or of any City Official to whom said duties have been or may be delegated. SECTION 7., ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELE .. PHONE COMPANY In addition to the provisions of Section 3, The Telephone Company agrees to indemnify the City for any and all possible damages to its streets• alleys,, and public grounds which may result from the placing and maintenance therein or thereon of"the Telephone Companyts polesa conduits1 ar other telephone equip- ment or apparatus,_ and to compensate the City for its superintendance of this agreement• and as the cash consideration for the sa.m.e11 the Telephone Company agrees to pay to the City annually during the, continuance of the agreement a sum lof money equal to two pex cent~Z%) of the annual gross receipts for the pre• ceding year received by the Company from the rendition of local exchange tele-· phone transmission service within the corporate limits of the City. The first payment hereunder shall be made April 15• 1960,. and shall equal in amount two per cent ~2.%} of the gross receipts received from January 1• 1959• to December 3l~~a 1959; and thereafter payment shall be made annually on April lS. as herein providea. SECTION 8. PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM T The City agrees that the consideration set forth in th~ preceding section here- of 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 City; 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 a.d valorem taxes nor or hereafter levied. Should the City not have the I legal power to agree that the payment of the foregoing cash consideration shall be in lieu of the taxes, licenses• chargesa fees_. rentala. and easement or franchise taxes aforesaid; then the City agr~es that it will apply so much of said payment as ' may be necessary to the satisfaction of the Telephone Companyts obligations• if any,. to pay any such taxes• licenses •. charges. fees., rentals• and easement or I I franchise taxes. . I SECTION 9 • FACILITIES TO BE FURNISHED CITY AS ADDITIONAL CON-~~ SIDERATION I In addition to the consideration set forth in Section 711 the Telephone Company shall hold itself ready to furnis~ 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 or used by the Telephone Company in the City for the use of the City1s police and fire alarm system; provided that the required wire space shall not exceed the wire capacity of one cross arm on any tOile pole. The location on I the poles of thia fire and police wire space shall ee determined on specific appli- cation• for space, at the time the applications are received from the C*¥ .. and will I be allotted in accordance with the considerations for electrical construction of the United States Department of Commerce, Bureau of Standard~ In its wire con-I struction on the Telephone Companyts 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 I conduits are laid or a.re-constructed by the Telephone Company• said Company shall hold itself ready to furnish sufficient duct space not to exceed capacity of one duct for use by the City in carrying its police and fire alarm wires. All such wire s• whether on poles or in conduits• shall be constructed. maintained and . . b perated in such manner as not to interfere with nor create undue hazard in the pperation of the telephone S)lStem of the Telephone Compa.p.y which shall not be eeponsible to any party or pat:ti.es whatsoever for any claims. demands• losses, suits., judgments for damages or injuries to persons or property by reason of the onstructiono.. maintenance, inspection or use of the police and fire alarm wires elongin·g to the City~ and the City shall insure, indemnify and hold the Telephone ompa.ri.y harmless against all such claims~ losses, iemands• suits and judgments. SECTION 10. ATTACHMENTS ON POLES ANDJiPA:CE IN DUCTS• Nothing in this ordinance contained shall be construed to require or permit ny electric light or power wire attachments by the City or for the City_. nor to equire or permit any electric light or power wire attachments by the City or or the City, nor to require or permit any electric light or power wires to be laced in any duct used oy: the City in the Telephone Company'ts conduits. If light r power attachments are desired by the City or for the City• or if the City de- sires to place electric light or power wires in any duct used by the City, then a urther separate noncontirgent agreement shall be prerequisite to such attachments r such use of any duct used by the City. Nothing herein contained shall obli- ate or restrict the . ..,T.J:4-ephone:-....CQ.mpa.n.y in:-.eXeli:c.i:sing~its .right voluntarily to enter nto pole attachment, pole usage •. joint owner ship, and otherwire space and facili- es agreements with light and power companies and with other wire using com- ames which may be privileged to operate within the City. SECTION 11. PERIOD OF TIME OF THIS ORDINANCE-TERMINAnON This agreement shall be in full force and effect for the period beginning with he effective date hereof and ending December 31, 1963~ provided that at the end £the expiration of the initial period,_ such term shall be automatically renewed orthwith for successive periods of four years• conditioned" however• that if uring the last four months of the initial period or of any' successive four year eriod., not less than ninety days1 prior written notice shall be given either to the "phone Company b¥ the City or to the City by the Telephone Company, setting orth the desire of the giver of such notice toterminate this agreement, then in such case this agreement shall te:minate at the expiration of the then current period SECTION 12.. NO EXCLUSIVE PRIVILEGES CONFERRED BY THE RDINANCE Nothing herein contained shall be construed as giving to the Telephone Compan ny exclusive privilege. SECTION 13. SUCCESSORS AND ASSIGNS The rights., powers, limitations• duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their' respective successors and assigns' SECTION 14. PARTIAL INVALIDITY AND REPEAL PROVISlONS If any set.tion• sentence, clause or phrase of this ordinance is fDr any reason eld to be illegal~ ultra vires or unconstitutional* such invalidity shall not affect the validity of the remaining portion of this ordinance. All ordinances and agree- ments and parts 6£ ordinances and agreements in conflict herewith are hereby re- pealed. SECTION 15. ACCEPTANCE OF AGREEMENT The ~elephone Company shall have thirty (30) 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 filec:I. this ordinance shall take effect and be in force from and after the date of ite passage and approval by the Mayor and shall effectuate and make binding the agreement provided by the terms hereof. SECTION 16. PUBLICATION This ordinance shall be published in a newspaper of general circulation once a week for three (3) con.sm;utive..~we.ek.aa at the expense of the Telephone Company, as provided by Article 14, Section 181 City of Lubbock Charter. AND IT IS SO ORDERED Passed by the Commission on first reading this 13th day of July ~ 19 60 • ______ _. --- Passed by the Commission on second reading this 28th day of July ,. 19 60 • A ----:::-'/1 {!. ~ . -~CASEy-;-MaY.,----- TEXAS . TECH SHELTER LIST AlEA No. SHELTER T-1 51 Gotton & Thompson Halb 52 Utihty Tunnel . 53 Carpenter & Wella Halh 54 Stangel & Murdouglo Halls it Physfcol Plant lu ildi ng T-2 $5 .Muotlclpol Auditori11m 56 Cloell)icol Engineering a.,llding S1 Architecture Building ~ Electrical (West) Engineering Bldg. 59 Business AdminiJ!ration Building . T-3 60 Bledsoe & Gordon Hall• 61 West Texa~ Museu111 62 West Hall 63 SnHd Hall T-4 64 · Jaumolis.m Building 65 Social Science B11ilding 66 Science lulldlllg 67 Chemistry Building 68 Agriculture Building J.,5 69 Admlnbtration Building 70 Home Economics Building 71 Bookstore 72 Doak H.all 73 WMb Hall T..S 74 Chitwaod Hall 75 Xitdlen & Dining Facility 76 Weymouth Hall 77 Col.mo11 Hall • McWhorter Sdtool, 271 1 ht St. • Plains cn .. tc. 2609 19th St. • • RoiCDe Wilso,. S'hool, 2801 25tlo ·* Meter Room, Ilk. A. Caproclr. Cntr. J.7 78 .Mcr1tl & Foreign Language Bldg. 79 Speech B11ilding 10 Psydlology Buflding 11 Llbraty 82 · Clement & Hulen Halls . 83 Gatea & Woll Halls T.& U Student U11ion Building 85 .Music B11ilding · 16 Drane Hofl FIT Hom & ICnopp Halla 18 · Women'• Gym * lnRrmory ~ Texas Hwy. Dept., 601 Slaton Hwy. .-N living on . th~ campus, go to one of the shelters In Area T~7. 2J If you have been assigned to Texas Tech, go to a shelter within the campus having the same number as the area where you live. 50 o 300 •oo I 900 1200 I I ICAl.E IN P'EE LEGEND ~SHELTE SYMB a· ,. ft'A, I 1911 st *OCCUPANTS ONLY: These slleltera ore either apedol fa~1iti" or have relatively f-spocos. Do not ., re1110ln In them unless movement to )'OUt assigned llhelter is lm~lbl ... J JL st r TECH. . . ~~ ,,, -,_ ~"' ;~ ., ' ...... ~~ ·. \ . .... . r"' " ' .. "' , v- " WHEREAS, THE City of Lubbock ACCEPTANCE City Comm.is sion of the , Texas, did on the 28th day of July 1960, enact an ordinance entitted: "AN ORDINANCE WHEREBY THE CITY OF LUBBOCK TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGRE];; THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAIN- TAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, A VENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAY- MENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED:" and WHEREAS, said ordinance was on the 28th day of JuLy 1960, duly approved by the Mayor of said City and the Seal of said City was thereto affixed and attested by the City Secretary: NOW, THEREFORE, in compliance with the terms of said ordinance as enacted, approved and attested, the Southwestern Bell Telephone Company hereby accepts said ordinance and fites this its written acceptance with the City Secretary of the City of Lubbock , Texas in his office. Dated day of . AUG l9 '60 • 19 SOUTHWESTERN BELL TELEPHONE COMPANY By /1)~~ tor Vice-President & General Manager Attest: Secretary Acceptance filed in the office of the City Secretary of City of Lubbock , Texas, thi a 27th day Auqua t , 19 60. r; I~ ~//1'// Secreta y !'"rom Cha·rles Brown -Accounting - 1 121is Section 7 Annual Cash Consideration To Be Paid By The Telephone Company. u the Telephone Company agrees to pay to the City annually during the continuance of the agreement a sum of money equal t.o t'Ho percent (2J;) of the annual gross receipts for the preceding year received by the Company · from the rendition of local exchange telephone transmission service lvithin the corporate limits of the City." INTERPRETATION The annual gross receipts are those resulting from local revenue from services provided tdthin the City and exclude all inter-and intra-state services. ·· Verbal agreement by the Telephone Company includes revenues from yellotv pages advertising, telephone booths, etc. as being included in local gross revenue totals.