HomeMy WebLinkAboutOrdinance - 9978-1997 - Granting SW Bell Telephone Company Franchise Authority. - 02/27/1997First keading
Item 1123
February 27. 1997
Second Reading
Item #15
March 13. 1997
ORDINANCE NO. 9978 ------
AN ORDINANCE GRANTING SOUTHWESTERN BELL TELEPHONE COMP ANY
A FRANCHISE AUTHORIZING AND GOVERNING THE USE OF CITY PROPERTY AND
PUBLIC RIGHTS-OF-WAY TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN
THE CITY OF LUBBOCK.
This Franchise Agreement (the "Ordinance") is made and entered into as of the effective
date of March 31, 1997, by and between the City of Lubbock ("City"), a home rule municipal
corporation of the State of Texas, and Southwestern Bell Telephone Company ("Grantee"), a
Missouri Corporation.
WHEREAS, the City, pursuant to federal law, state statutes, and local ordinances, is
authorized to grant one or more non-exclusive franchises, on a non-discriminatory and
competitively neutral basis, governing the use of City Property and Public Rights-of-Way to
provide Telecommunications Services within the City boundaries (Franchise);
WHEREAS, the Grantee has submitted an application (the "Application") and all
applicable application fees for a Franchise, as required by City Ordinance No. 9971
("Telecommunications Ordinance") relating to the establishment of a non-discriminatory
procedure for granting such Franchises;
WHEREAS, the City has reviewed the Application, and has concluded that Grantee's
Application meets the criteria specified in the Telecommunications Ordinance for granting a
Franchise;
WHEREAS, the City and the Grantee have agreed to be bound by the conditions
hereafter set forth;
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein, the parties agree as follows:
1. GRANT. The City does hereby award the Grantee a Franchise governing the
use of City Property and Public Rights-of-Way for the purpose of providing Telecommunications
Services within the City. Each and every provision in this Ordinance, including this grant, is
expressly made subject to the terms, conditions and provisions of the Telecommunications
Ordinance, as amended, which ordinance is hereby incorporated herein by reference and which
shall govern this Ordinance in all respects and shall be a part hereof for all intents and purposes
as if said Telecommunications Ordinance were copied herein in its eµtirety.
2. DEFINITIONS. Unless explicitly defined in this Ordinance, all definitions
shall be the same as, and in accord with, the definitions defined in the Telecommunications
Ordinance.
3. TERM. The term of this Ordinance shall be for three (3) years from the
effective date of this Ordinance.
4. FRANCHISE FEE. The Grantee shall pay the City during the life of Grantee's
franchise a monthly Municipal Telecommunications Line Fee for each Access Line and Private
Line Termination Point owned by Grantee, calculated at month-end, that is activated for use by
an end use customer. For the current calendar year, the monthly Municipal Telecommunications
Line Fee shall be fixed in the following amounts:
(1) $1.3 5 per residential Access Line
(2) $3.13 per non-residential Access Line or Private Line Termination Point
At the beginning of each successive calendar year following the year of adoption of this
Ordinance, the monthly Municipal Telecommunications Line Fee shall increase by four percent
(4%) over the amount of the monthly Municipal Telecommunications Line Fee fixed for the prior
calendar year. The Grantee shall also pay such further compensation as may be negotiated on a
case-by-case basis for the use of specific City Property.
5. OTHER DUTIES. The Grantee shall pay to the City all other moneys, install
all other services, and perform and comply with all other terms and conditions applicable to
Grantee pursuant to this Ordinance and the Telecommunications Ordinance.
6. INDEMNIFICATION BY GRANTEE. By acceptance of this Ordinance,
Grantee expressly undertakes to defend, indemnify and hold the City and its officers,employees,
agents and representatives harmless from and against any and all damages, losses and expenses,
including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or
alleged to arise out of or result from the negligent careless or wrongful acts, omissions, failures
to act or misconduct of the Grantee or its Affiliates, officers, employees, agents, contractors or
subconstructors in the construction, operation, maintenance, repair or removal of its
Telecommunications Facilities, and in providing or offering Telecommunications Services over
: the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by
this Ordinance.
7. GRANDFATHERING OF IN-KIND FACILITIES. The Grantee shall allow, for
so long as this Ordinance remains in effect, the continued use by the City at no charge or cost,
and solely for the City's own non-commercial telecommunications purposes, all
telecommunications facilities that are currently in use by the City and that have already been
provided to the City by Grantee pursuant to Section 5(C) of City of Lubbock Ordinance No.
9452.
8. ACCEPTANCE OF FRANCmSE. The Grantee shall, within thirty (30) days
from the date of final passage of this Ordinance by the City Council of the City of Lubbock, file
with the City Manager of the City of Lubbock, a written statement of acceptance of franchise
signed in its name and on behalf of its officers, all of whom hereby represent that they are duly
2
authorized to sign and make such an agreement, the contents of which shall include the following
language:
"The Honorable Mayor and the City Council of the City of Lubbock:
--------~ for themselves, their successors and assigns, hereby
accepts the attached franchise ordinance as finally passed by the City Council of
the City of Lubbock on the ___ day of , 199 L, and hereby
agrees to be bound by all of its terms and provisions.
GRANTEE: -----------
BY: _____________ _
DATE: TITLE: ----------------------
9. RIGHTS NOT TRANSFERABLE WITHOUT CONSENT. The rights
granted by this Ordinance are not transferable by the Grantee without first complying with all
transfer requirements and conditions contained in the Telecommunications Ordinance, which
have been incorporated herein, by reference, in its entirety.
10. EXTENT OF FRANCHISE. The Grantee, by the acceptance of this ordinance,
understands and agrees that no interest, title or rights of possession are intended or implied
except those expressly set forth herein. Grantee further understands and agrees that the rights
and uses permited herein shall not include the right to use any City Property requiring an election
for such use.
11. CHANGE IN LAW. If Federal or State law changes in any way during the term
of this Franchise with respect to the amount of compensation (including computation of the
compensation) a municipality can charge for such Franchises or with respect to the permissible
scope or substantive content of such Franchises, the City and the Grantee agree that upon passage
of the change in law, this Ordinance shall be either canceled or renegotiated at the election of the
Grantee.
12. SAVINGS CLAUSE. Should any section, paragraph, sentence, clause, phrase, or
word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
3
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of February , 1997.
Passed by the City Council on second reading this 13th day of......:.:::M=ar=c=h,.___ ___ _,, 1997.
ATTEST:
APPROVED AS TO CONTENT:
Bob Cass, City Manager
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant
City Attorney
da/ccdocs/swbt.ord
02flS/97
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4
. .. .. ,,. ' . ORDINANCE NO. 9978
March 13, 1997
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1
• . · I j • I ! rFEB: e e 191 1 1 i. ~
TELECOMMUNICATIONS FRANC E ___ .__j ... ..,,
APPLICATION CITY ATTORNEY'S OFFIC[ :, _________ , __ ,,,,
I. INSTRUCTIONS:
Pursuant to Article 3 of the City of Lubbock Ordinance No. C/ q 7 / , as amended (the
"Telecommunications Ordinance"), any Telecommunications Carrier who desires to occupy City
Property or Public Rights-of-Way for the purpose ofprovi~ing Teleco~unications to any person or
area in the City must obtain a telecommunications \franchise,,which may be renewed. This application
("Application") must be completed by any applicant for a telecommunications franchise to satisfy the
requirements of the Telecommunications Ordinance.
(1) Each Applicant must complete all the information requested in this Application. The
Applicant may attach additional documents if this Application does not provide sufficient room to
provide the requisite information.
(2) Each Application must be accompanied by a Five Thousand Dollar ($5,000.00)
application fee or One Thousand Dollar ($1,000.00) renewal fee, whichever is applicable.
(3) Unless explicitly defined in this Application, all definitions shall be the same as, and in
accord with, the definitions defined in the Telecommunications Ordinance.
(4) Each and every provision in this Application is expressly made subject to the terms,
conditions and provisions of the Telecommunications Ord~ce, which ordinance is hereby
incorporated herein by refei:ence and which shall govern this Application in all respects and shall be a
part hereof for all inte~ts and purposes as if said Telecommunications Ordinance were copied herein
in its entirety.
(5) The Applicant shall pay to the City all other mon~ys, install all other services, and perform
and comply with all other terms and conditions applicable to Registrant pursuant to this Ordinance
and the Telecommunications Ordinance. ·
II. APPLICATION:
Pursuant to Article 3, Section 2 of the Telecommunications Ordinance, q 9 7 /
___ (the "Applicant") provides the following information to register as a Telecommunications
Carrier and Provider:
(1) The identity of the Applicant, including all Affiliates of the Applicant.
The applicant, Southwestern Bell Telephone Company, is wholly owned by its parent company, SBC
Communications Inc. Among other national and international subsidiaries owned by SBC
Communications are the following which provide products to the public in Texas:
Southwestern Bell Messaging Services
Southwestern Bell Mobile Systems
Southwestern Bell Video Services
Southwestern Bell Yellow Pages
(2) A description of the Telecommunications Seryices that are or will be offered or
provided by the Applicant over its existing or proposed facilities.
Southwestern Bell Telephone Company (SWBT) will continue to provide a full range of
telecommunications services, including, but not limited to, local exchange service, basic local
telecommunications service, and switched access service. SWBT also provides long distance,
WATS, 800, ISDN, data services, custom calling services, Caller ID and other optional services.
(3) Adescription of the Telecommunications Facilities that are or will be used by the
Applicant to offer or provide such telecommunications services.
SWBT will continue the use of Telecommunications Facilities already deployed throughout the City
of Lubbock. These Telecommunications Facilities include aerial and buried cables and wires, poles,
conduits, pedestals, electronics, and other appurtenances that may be used to provide
Telecommunications Service throughout the City.
( 4) Preliminary engineering plans and specifications of any new facilities to be located
within the City, if known at this time, in sufficient detail to identify:
(a) the location and route of Applicant's proposed Telecommunications
Facilities.
As the incumbent local exchange carrier, SWBT will rely on its existing facilities to continue service
to its customers in the City of Lubbock. As new areas of the city are developed, it will be necessary
for SWBT to extend its plant to serve those areas. At that time, SWBT will adhere to the
constructions standards described in the Telecommunications Ordinance.
(b) the location of all overhead and underground public utility,
telecommunication, cable, water, sewer drainage and other facilities on City
Property or within the Public Rights-of-Way along the proposed route.
See the answer to 4 (a).
( c) the specific trees, structures, improvements, facilities and obstructions, if any,
that Applicant proposes to temporarily or permanently remove or relocate.
See the answer to 4 (a).
(5) If Applicant is proposing to install new Overhead Facilities, satisfactory evidence that
the Telecommunication Facilities cannot reasonably be installed in new or existing ducts or conduits,
and that Surplus Space is available for locating its Telecommunications Facilities on existing utility
poles along the proposed route. This showing may be satisfied by submission of a sworn affidavit
setting forth, in detail, the relevant facts supporting applicant's contentions.
See the answer to 4 (a).
(6) If Applicant is proposing to install new Underground Facilities in existing ducts or
conduits under City Property or within the Public Rights-of-Way, information in sufficient detail to
identify:
(a) the Excess Capacity currently available in such ducts or conduits before
installation of applicants Facilities;
See the answer to 4 (a).
(b) the Excess Capacity, if any, that will exist in such ducts or conduits after
installation of applicant's facilities
See the answer to 4 (a).
(7) If Applicant is proposing to install new Underground Facilities within new ducts or
conduits to be constructed under City Property or within the Public Rights-of-Way:
(a) the location proposed for the new ducts or conduits;
See the answer to 4 (a).
(b) the Excess Capacity that will exist in such ducts or conduits after installation
of applicant's facilities.
See the answer to 4 (a).
(8) A preliminary construction schedule and completion dates.
See the answer to 4 (a).
(9) A preliminary trafp.c control plan.
See the answer to 4 (a).
(10) Financial statements prepared in accordance with generally accepted accounting
principles demonstrating the applicant's financial ability to comply with all requirements and
obligations imposed upon a Grantee under this Ordinance.
. ,,
Attached to this application is a ~PY of SBC Communications Inc. 1995 Annual Report, containing
consolidated balance sheets and other financial information, attested by Ernst & Yowig LLP as to
their conformity with generally accepted accowiting principles.
(11) Information to establish that the applicant has obtained all other governmental approvals
and permits to construct and operate the facilities and to offer or provide the Telecommunications
Services.
SWBT has been granted CCN 40079, a Certificate of Convenience and Necessity, by the Public
Utility Commission of Texas which authorizes SWBT to provide telecommunications service in
various geographic regions of the state, including the area encompassed within the incorporated limits
of the City of Lubbock.
(12) Whether the applicant intends to provide Cable Service, video dial tone service or other
video programming service, and• sufficient information to determine whether such service is subject
to Cable Service franchising.
SWBT has no plans to provide Cable Service, or any other video programming service within the
City of Lubbock.
(13) A description of the services or facilities that the applicant will offer or make
available to the City and other public, educational and governmental institutions.
SWBT will allow the City to continue to use, at no cost to the City, and for the City's sole, non-
commercial telecommunications purposes, any facilities currently in use that have been provided
pursuant to Ordinance No. 9452:, as amended by Ordinance No. 9477.
The above information is true and correct to the best of my knowledge.
Southwestern Bell Telephone Company
, I .·· ~-By:~ ~-J
Sandra Lew
Title: Area Manager -Mwiicipal Affairs
Date: February 25, 1997
ORDINANCE NO. 9978
March 13, 1997
SOUTHWESTERN BELL TELEPHONE COMPANY'S RESPONSE
WHEREAS, the City of Lubbock, Texas did on the 13th day of March, 1997, enact
Ordinance Number 9978 entitled:
AN ORDINANCE GRANTING SOUTHWESTERN BELL TELEPHONE
COMP ANY A FRANCIDSE AUTHORIZING AND GOVERNING THE USE
OF CITY PROPERTY AND PUBLIC RIGHTS-OF-WAY TO PROVIDE
TELECOMMUNICATIONS SERVICES WITIDN THE CITY OF
LUBBOCK.
and WHEREAS, Ordinance No. 9971 was on the 13th day of February, 1997, duly
approved by the Mayor of the City of Lubbock, Texas ("City") and the Seal of the City
was affixed to the ordinance and attested to by the City Secretary, establishing rules
governing the use of the Public Rights-of-Way within the City by providers of
telecommunications services;
and WHEREAS, Ordinance No. 9971 was amended by Ordinance No. 9977 on the
13th day of March, 1997, dulylapproved by the Mayor of the City and the Seal of the City
was affixed to the ordinance ~d attested to by the City Secretary;
and WHEREAS, Ordinance No 9978 was on the 13th day of March, 1997, duly
approved by the Mayor and City Council of the City and the Seal of the City was affixed to
it and attested to by the City Secretary, granting Southwestern Bell Telephone Company
("Telephone Company") a franchise as required by Ordinance No. 9971, as amended;
and WHEREAS, the Telephone Company has a Certificate of Convenience and
Necessity issued by the Public Utility Commission of Texas authorizing Telephone
Company to provide telecommunications services within its certificated areas, including
the City;
and WHEREAS, the Telephone Company's right to provide telecommunications
services (including. local excMnge service) and to use and occupy the public rights-of-way
within the City and elsewhere is derived from the laws of the State of Texas and the
Telephone Company's Certificate of Convenience and Necessity;
and WHEREAS, the T~lephone Company has provided telecommunications
services within the City and has used the public rights-of-way within the City for decades I
SOUTHWESTERN BELL TEIJEPHONE COMPANY'S RESPONSE
Page 1 of3
and, as a result of that history of service to the public within the City, has a significant
capital investment in the City to provide telecommunications services, including a
significant amount of physical· facilities located on and within the public rights-of-way;
and WHEREAS, the Telephone Company is obligated by both state law and by its
Certificate of Convenience and Necessity to continue to offer to provide and to provide
telecommunications services to the public within its certificated areas, including to the
public within the City;
and WHEREAS, the Telephone Company could not cease operating within the
City and could not operate wi~out the use and occupancy of the public rights-of-way
without sustaining significant financial hardship;
NOW, THEREFORE, in compliance with the terms of Ordinance No. 9978 as
enacted, approved and attestedt the Telephone Company hereby accepts Ordinance No.
9978, subject to the following:
1. The Telephone ~ompany recognizes its obligation to pay fair and
reasonable, nondiscriminatory l:llld competitively neutral compensation to the City for
access to the public rights-of-way within he City and to submit to the appropriate
management or control of the City over those public rights-of-way. The City and the
Telephone Company agree to abide by the decisions of any regulatory agency or court of
law, applicable to the parties regarding whether the rates, terms and conditions of
Ordinance No. 9978 are in accordance with applicable law. In the event any decision is
made that any aspect of Ordinance 9978 is not in accordance with applicable law, this
agreement shall be reformed in accordance with that decision. The Telephone Company
agrees that it will not challenge any term or condition, including the fee level and/or
structure, set forth in the ordinance during the three year term of this agreement, but this
agreement does not limit the Ttlephone Company's right to challenge any aspect of any
other city's ordinance.
2. By virtue of entering into the franchise agreement and by complying with
its terms and conditions, the Telephone Company does not waive and is not estopped from
asserting any rights it may have under any state or federal law governing
telecommunications utilities and/or the provisioning of telecommunications services.
TO THE HONORABLE MAYOR AND THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
Southwestern Bell Telephone {i:ompany, for itself, its successors and assigns, hereby
accepts the attached franchise qrdinance as finally passed by the City Council of the City
SOUTHWESTERN BELL TELEPHONE COMPANY'S RESPONSE
Page 2 of3 •
of Lubbock on the 13th day of March , 1997, and hereby agrees to be
bound by all of its terms and provisions, expressly subject to paragraphs 1 and 2 above.
Date /...+-of ~ : , 1997.
GRANTEE
SOUTHWESTERN BELL TELEPHONE
COMPANY
ACCEPTANfE FILED 1e0. ffice of the City Secretary of the City of Lubbock, Texas,
on this _...;,__ K i_ day of ~1r , 1997.
SOUTHWESTERN BELL TELEPHONE COMPANY'S RESPONSE
Page 3 of3
···----
CITY OF LUBBOCK
ACCOUNTING DEPARTMENT
15,DOO.OI H ,.~ --~ .. , ..........
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Miscellaneous Receipt
!Lubbock, Texas,,--""-5_-Q.;;;.... __,_1_19 ~?
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CITY OF LUBBOCK
By· _ _....,<5__5 ____ _
Non-Ne otiable Draft Stub -Detach and Retain for Your Recor1
~ DETACH CHECK ALONG THIS PERFORATION •
· SBC Communfcallon1 Inc. ·
.llld Partk:lpatlog Compaolet
Payable through
BOATMEN'& BANK OF ROLi.A
ROUA, MISSOURI NO. 3048480:
CITVOF cc
To lhe order of
CITY OF LUBBOCK PO BOX 2000 LUBBOCK
I 50'lM802 IDate
.· 02/19/1997
TX 79~57-0001
n• 3• 3 a.a a.a• ~11• ,:as ~ so ~a q q,:o ~oo q r:u; so Ei11•
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•••••••••••S,000.00•
SWBT CompaW a(J;/YU,/.,,,. t/duaku
llLthorized Sian~f~~--
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__ aATED 02/19/1997 •• TOTAL DRAFT AHOUNT: H,001.H ••
12118/1997 tli,000.00
Non-Negotiable Draft Stub -Detach and Retain for Your Re,
~ DETACH CHECK ALONG THIS PERFORATION•
CITVOF
To the order of
• SBC Communlc~tlona Inc.·
and Partk:lpalf.n1 Cumpa.olet.
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"-"4• llil'ough •OATMEN'S BNIIC OF ROI.I.A ROLLA. MISSOURI NO.30484
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• 11484802 !Date
02/19/1997
Pay this amcnnt
•*•••••••••s,000.00• CITY OF LUBBOCK PO BOX 2000 LUBBOCK TX 79457-0001 SWBT Compa_w a~ 711. //du~ Jllathorized Sian~f~~--
WIDlam A. Brown
Attorney
One Bell Plaza Room2900 P.O. Box 655521 Dallas, Texas 75265-5521
Phone 214 464-3643 Fax 214464-1626
.
I
@southwest~rn Bell Telephone
!
July 1, 1997
(Via Facsimile 806-762-1946 and Regular Mail)
Ms. Anita Burgess
City Attorney
P.O. Box 2000
Lubbock, Texas 7945if
[
RE: City of Lubbock Ordinance
I
Dear Ms. Burgess:
Attached pleas1· find a copy of "Southwestern Bell Telephone
Company's Response to the franchise ordinance passed by the City of
Lubbock on March 1 , 1997.
I
Should you haye any questions please feel free to contact me at
(214) 464-3643. .
Sincerely,
attachment
l •• • • ..
., .
__."""'"-__,.c.L.:O=--t Lubbock County, Texas and the attached print-
.J,,,..f:f.VJ.LI~.ll!J..OCl!.. ____ r-t-_.J.fi Jfe original and was printed in the Lubbock
NOTARY PUBLIC in and for the State of Texas
My Commission Expires .......... : ....... __ _
Morris Communication Corporation
Subscribed and sworn to before me this._ __ ;t=·.a.aS=· __ day of M. ~ ,ch
FORM58-10 ~
~,.~( PATTfTATE * ,i, Notary Public, State of Texas
•>•,, , ••• • · My Commission Expires
·--7-05-2000
THE STATE OF TEXAS
COUNTY ~L\j'B~ ;
Before rneA-tJ:tt\ e....<r ;J.l l'jotary :eub1r·c in ~qd for Lubbock County, Texas on this day
personally appeared Deanna. b YO \/.;:rel-epn MG ill ~s J....¼n~c t: of the Southwestern Newspa-
pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly
sworn did depose and say thats id newsP, pe _has been published continuously for more than fifty-two weeks pri-
or to the first insertion of this-=~\=-"""""",....,.-W-!::H'<'~-===----------------------
ed copy of th,~-~A--A.<t.0+-==--'----.-1
Aialanche-Journa on the following dates:..c:~=.:...:.,_...1-i~..,_,~--'-...1::...1:..--..__ ____________ _
Morris Communication Corporation
ORDINANCE NO.--
j, --. ' --i ,_,
,, AN ()Al)INANCE GIIANTINO
OUTHW1!$TEIIIN eieus. 'l'l!t,l!J-' ptfONI! (OMP,.NY ,A, IHIA'llt>
tHISE AUTHORJtllllG ~
'ERN ING TtlE use O.F CITY PROPERTY A•NO PUBLIC
\ iRIGHTS.OF•WAY TO. PROVIDE
'l-'tl!LECOMMUNICATION$ l!IP•
flCES WITHIN THE, C~T'I' 01'
tueaocK. i , , , . ,
I Thlt Fronchlse Aeree..,.nl ftl,e •0tdlncnce"l 1$ macle.,,,d _ ,fel'l>d Into .. OI t1'e eff«tlw dole ol :Morch 31, ,,,,., bY and.,.._ 1M
~
IIY of u,bbock. ('.'CIIY"l. o nome le munlclpal corPOl'!)lian of the
tote of Tex011, and Southwtstern :
ell Te!ei>hoM Company ("Gmnl• ~
i'.'ee"l, a Mlssourt Corpc,ratlon. . ~-r j,
i WHEREAS, the CIIY, PUt'IUonl ;: '· ·
; lo federol law, slate statuleL and i
local ordinances, Is outhorlied lo ~.
11ront one or more non-exctus!w ~ trc,nchltes, on· a non-diserlmlno-"1
torY and competitively neutral ba-
sis, 110vernlng Ille use of Cit'# Prop. ~
er1Y and Publlc RIDhlJ-af-Wav to~
provide Te!ecommunlcotlons Sar• ~
vices within the CIIY .11011nda• ;11
· rles(Fronchlaeli : f·
' ! ' ~ WHEREAS, the Granlff IICISo;
submitted an aPi>ttcatlon Clhe "AP. ,1 . pllca!jon"J and all 1!1>1>1lcoble OP-•
plication lees for a :Franchise, CJI • required bY City Qrdlnance No.•,,
9911 C"Telecommunlcat!Ollll Ordl· nonce") relallng to 1he ntablish-::
men! of a non-dlscrlmlnolofv Pl'O-. '· cedure for granting such Fran• '' chhlnf""-· " ,,: ' ' •'•
.. , • WHEREAS, t~e Cllv has re-· ·
viewed the A!'>Pllcatlon, and hat
: i:oncluded thot Grontft'S Appllco·
tlon meets the criteria 1pecllled In .
the Telecommunlcatfoi,s Ordl•
nonce tor 11ront1rn1 a Franchi•;
: WHEREAS, t~e City ond the .
Grantee have agreed to tlo! bound by the conditions l\ereafler aet .
forth; I
NOTARY PUBLIC in anclTorthestateofTexas
My Commission Expires .................. ___ _
PATTI TATE Notary PubHc, State of Texas
My CcmmlSSion Expires
6. !kD9Nll"iC,.TION 8'Y
GRAHTl!e. By IIW!Pfallff of th~
Ordlm:mCII, Grontee •urnllY 1111\ fler1ak81 to defl!nd. 11:Mffmnltv Clftl! IIOld the City and Ill olfll:er• em, · plovea, 011enls and r.i,resenta,
tlvtil harmlUI '"'"' allif aoolnll anv and all llamaae1> IDtse• one I~ ~ncll&lfllll l'lllJOl'Dble at orriWs lees and ~1ts Ill 1111! 01 defense, arlsille dlll ot, ,e1111t1111 from or allelllld to ar!H .,, of OI result l'om the r,egll....,I lcarelest
· or wronefvl acts, Dmlulo-,s, ton
ure• ta CICI ... inlscorMIUCI of thj Grantee, or Jts Alflllafel. ~fflcers · emplovees, a11en1s, contractors 01
11ubconslructors In lhe construe• flan, OPerotlon, maintenance, re
pair or removot of lh Ttlecom
munleatlons Facllltles, and In Pl'O i
vldlllll or offering Tatecommunlca
tlons Sarvlees a,er the. facllttles oi
network, whether auch.acta 01
omlnlons are 1111thorlied, allowe< er prohibited bY this Ordinance. ,,
1. GRANDFATHERING Of
IN«INO FACILITIES, The Grant
ff Shall allow, for IO ,_ m thk
Ordinance Nmolns In .itect, t,14
continued use by t!W City ot ll1
ct,arll!I or ,cost, anti solely for thi
City'• own· non-commerclal leli
communication• pul'POl<IS, all tetc communlcal Jon• facllllles lllal :Jr · currenllY In use by the City an
that hove alreodv been P!'OYlded t
the CIIY bV G\'<lntee pur111ant I
Section Mel of City ot Lubbod< Ol
dlnance No. 9'152.
-.. ACCEPTANCE OF FRAI 'CHISE. The Grantee shall, with', thirty (30) dCIYI tram the dcle al! nol passOlle af this Ordlna nee ~
lhe CIIY council of tne CIIY ol LU bock, Ille with the Cltv Monwer,
th• cnv al Lubbock, a wrllll
1101ement of acceotance of fro chlse 1111ned In Its name and on Ii ""If el H• offic.,... ell ol wha herlfbv repre1e,., Iha! thlY are dU
w1t1orlzed to skin and -"e , .. · on asreemet1t. the ce>m•nts i
which •llall lnch,cte the lalloWII
' langUQfl: ' ·L_ . ..,,u•"'.,in,~•----·-•
j,.!JBBOCK.
7"°5-2000. l This Franchl•e Ag-At
'tlw "Ordl-.''l 19 ~a,,den-el:lld Into at of tt,jl etr«tM date of
"The Honorable 'Mayor and ..•..•.. ., ....
the CIIY Council Of ••CHY ol L.ub-To Give Away,' Female PUP! tiock· Block Mb,ed Breed. Will Be Le
• for themselves, tllelr Dogs. Great OISPO$lllon. 797-ll:
:i:\:'a'ft:r::'r,:'!;,~f.:'~: To Loving Home, VE
110nc:eastlnaUyp0s,e<1bvt11ec1tv Sweet 6 Month Bio
Cou11ell o1 the Cllv of Lllbbock on Lab MI x. Ft x ed, 1 the _ _.day of --. , 199~ and
llertbY agrees 10 be ballnd by all of Shots.
Its termsond Provisions. , 806-766-7841. .
Please Leave Messa
GRANTEE•~----
BY:-----
DATE:----
TITLE: ___ _
WEIMARANER PUPPIE!
• Born February T1!1h
Blue/Grav 2 Females 7 Males ·
Adorable & Very Protecth
$300 Negotloble
742•3136 Work Or 762-5644 Home
F R WE BUY PUREBRED PUP 9. RIGHTS NOT TRANS E • AND REGISTERED KITT ABLE WITHOUT CONSENT. The GERBILS HAMSTERS GU rl9hts 9ra,nte1U!Y.Jhls .. Ordlnonce :PIGS e'Tc BONNE.TT ''"iire no! tmnstemble DY the Grantee ' ' • without flrtt com1>Mn11 wllh all /CENTER, 792"3131• ,
transfer requirements and c:ondl· WOLF/ MALAMUTE, Reg,
floni contained In the Telecom: !Pies. Block, Whiles, Grevs,
munlca!lons Ordinance, which 'Book Avoll.210-t.98•92'14,Afte
have been lncorpqrated herein, by • Meath
reference, In Us entirety. ·---.aw 11_.. .
10, EXTENT 011' FRAN• CfflSE. The Grantee, by the ac•
ceptance of this arclinance, Undor•
tfancls and agrees !hot no lnteres1,
tllle or rlt,1hts of pqssesr.lon Ill"• In'.
tended ar lfflplfed except those ••· presslv llet torlh herein. Grantee further underatonds and .aerees
lhal 'lhl 1"1llhls OIi<! 111'115 pem,lted
hefel1> thall 1191 Include !fie rl!ahl to
use any Cllv Prai>erty r111uirlnti On
tllectlon !Or such use.. .
, ,ll. C~ANGE lN UI.W. If Fed•
•rol or'Slate law chonoes In arw WOY durlrn, the term of lhls Fran-'
Chlse with l'flPt!Ct to the amount of
... , .COITl"'110tlon Ondudino~~ tlonof1tlecomi>ensatlonl amunlcl• patllv con char,• tor sucll Fron-chlUIS or wm, re-1 lo Ille per• mlHlble IICOpe OI' subllantlw a,n-
-of ll#cll Frofldlllel. 1M Clly
and Ille Groll!N 0111" .. !hot -
--of tlw cfta"911 In law, th.II " Ord-sltoll be Ill-co-led
or •-llated 01 -elec1k>n ol 1' the Grontee.