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HomeMy WebLinkAboutOrdinance - 9343-1990 - Granting To Sppl Inc. A Texas Corporation, The Right And Privledge And Frnachise - 03/08/1990II I! II DGV:da First Reading March 8, 1990 Item #21 Second Reading March 22, 1990 Item #8 ORDINANCE NO. 9343 AN ORDINANCE GRANTING TO SPPL, INC., A TEXAS CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF LUBBOCK, TEXAS, A COMMUNICATIONS BUSINESS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGH-WAYS, STREETS, LANES AND ALLEYS OF THE CITY OF LUBBOCK, A SYSTEM OF POLES, ANCHORS, CABLES, WIRES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES NECESSARY OR PROPER FOR THE BUSINESS OF FURNISHING COMMU- NICATION AND TELEPHONE SERVICES INTO, IN, WITHIN, FROM, ACROSS, AND THROUGH THE CITY OF LUBBOCK, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREAFTER BE EXTENDED, AND GRANTING SPPL, INC., ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH FOR THE PURPOSE OF FURNISHING COMMUNICATION AND TELE- PHONE SERVICES TO THE INHABITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR CORPORATIONS WITHIN THE CITY, WHICH IT IS PERMITTED TO SERVE BY FEDERAL AND STATE LAW; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF FIVE (5) YEARS COMMENCING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDINANCE AFTER FINAL PASSAGE HEREOF; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING OR LOWERING BY COMPANY OF ITS WIRES AND OTHER APPURTENANCES; PROVIDING FOR THE RIGHT TO, AND CONDITION OF, THE OPENING OF PAVEMENTS AND SIDEWALKS BY COMPANY; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY, AS WELL AS TO REQUIRE THE RELOCATION OF SAME; PROVIDING FOR EFFICIENT COMMUNICATION AND TELEPHONE SERVICE AND THE MAINTAINING OF COMPANY'S FACILITIES; PROVIDING FOR THE USE BY CITY FOR THE PURPOSES SPECIFIED OF POLES AND CONDUITS OF COMPANY; PROVIDING COMPENSATION, AND METHOD OF PAYMENT OF SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR THE MAINTAINING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTION BY CITY RESERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGNMENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CONFLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRAN-CHISE; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS ACCEPTANCE BY COMPANY. WHEREAS, SPPL, Inc., has requested that the City Council of the City of Lubbock, Texas, grant it a franchise to use City streets, alleys and other rights-of-way in the conduct of its communications business at this time, and it appearing to the City Council that the issuance of such fran- chise is expedient and wise, and will be of benefit to both the Company and the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT subject to the terms, conditions and provisions of this Ordinance, the City of Lubbock, Texas, hereinafter referred to as "City," does hereby grant unto SPPL, Inc., a corporation incorporated under the laws of the State of Texas, hereinafter referred to as "Company," its successors and assigns, the right, privilege and franchise to conduct within so much of the boundaries of the City of Lubbock, as such boundaries now exist or may hereafter be extended, and to which it is permitted to serve by federal and state law, a telephone communications system and to enter upon, erect, construct, maintain, extend, repair, replace, and remove, in, under upon, within, over, above, across and along any and all of the present and future public roads, highways, streets, lanes, alleys and other public rights-of-way of the City now or hereafter owned or controlled by the City, a system of poles, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances neces- sary, proper or reasonably needed for the exercise of its business of furnishing telephone services within, from, across and through the City as now existing or as the City limits may hereafter be extended, to the extent that the City is authorized to grant such right; and the Company, its successors and assigns, are authorized to use said poles, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances for the exercise of its business of furnishing communication and telephone service to the City and to the inhabitants of the City of any other person or persons, firms or corporations within the City subject to the regula- tions, limitations and conditions herein prescribed. SECTION 2. THAT the franchise rights, privileges and powers herein granted shall be in force and effect thirty (30) days from the last publi- cation of this Ordinance provided the Company has accepted the same as set forth in Section 20 hereof, and once accepted by the Company, this fran- chise shall continue in effect for a term of five (5) years from the date of last publication aforementioned. SECTION 3. THAT the Company, on written reasonable request of any responsible person, firm, corporation or governmental authority, shall temporarily relocate, raise or lower its wires and cables, where located on, in, or over the streets, alleys and other public ways of the City, to permit construction work in the vicinity thereof, or to permit the moving of houses or other bulky structures. The expense of such temporary reloca- tion, raising or lowering of such wires or cables shall be paid by the benefited party or parties, and the Company may require payment in advance, being without obligation to make such change until payment shall have been made; provided, however, that no such payment shall be required of the City, except as provided in Section 4 of this Agreement. The Company shall be given not less than seventy-two (72) hours prior written notice of such temporary changes. SECTION 4. THAT within the streets or other public rights-of-way of the City, the location and route of all poles, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances to be placed or constructed by the Company in the operation of its telephone system within the City shall be subject to the reasonable and proper regu- lation, control and direction of the City, or the City official to whom such duties have been or may be delegated; all poles, wires and anchors -2- 11 shall have been or may be delegated; all poles, wires and anchors shall be so set that they will not cause diversion of surface waters in any gutter or drain so as to cause damage to any adjoining property, and so that the same will interfere as little as practicable with the ordinary travel upon the streets, sidewalks and other rights-of-way within the City; the regula- tion and control therein reserved shall include, but not be limited to, the right of the City to require the Company, at the Company's expense, to relocate its poles, lines or conduits so as to permit the following activi- ties undertaken by the City or on its behalf: a. the widening or straightening of any street or alley located within the City; b. the closing, opening or relocation of any street or alley within the City; c. the location or relocation of any water or sewer lines within the City; d. the changing of grade of any street, alley, curb or sidewalk within the City; or e. the construction and maintenance of parks and other public improvements owned by the City and located within the City. In all cases where the Company is required to relocate, change the route of or reposition its poles, lines or conduits, the City shall give at least thirty (30) days advance written notice to the Company specifying the new location, route or position of the poles, lines or conduits involved; provided, however, that the Company shall be entitled to be paid for its cost and expenses of any relocation, raising or lowering of its wires as required by the City, pursuant to this Section or Section 3, only if such expenses or costs are reimbursable or payable to the Company or the City by the State of Texas, the United States or any governmental agency or subdi- vision of either, whether directly or indirectly; but nothing herein shall impose any obligation on the City to pay such costs and expenses except to the extent it actually receives funds from the State of Texas, United States or any governmental agency or subdivision of either, for the reim- bursement or payment of such expenses. The provisions of this Section shall not apply to improvements made by the Company on private easements purchased by the Company and recorded prior to any dedication of a street, alley or other public way. In this latter event, the Company shall be reimbursed its costs and expenses of relocating facilities. SECTION 5. THAT if it becomes necessary in furnishing telephone communications as contemplated under this franchise, the City grants to the Company the right and privilege to take up pavements and sidewalks, if any, in and upon said streets, alleys and highways in said City for the purpose of making such excavation and installation as may be necessary; provided, however, that the Company shall not take up or excavate any pavement at any time without first securing the written permission of the City Manager or -3- L his designated representative, which permission will not be unreasonably withheld; and provided further, that all excavations and installations so made shall be performed in such manner as will cause the lease reasonable inconvenience to the public, and the Company shall promptly restore or cause to be restored to as good condition as before working thereon all such pavements, sidewalks, streets, alleys or highways excavated by it to the reasonable satisfaction of the City Manager or his designated represen- tative. SECTION 6. THAT if any of the facilities installed by the Company hereunder shall be in any respect damaged or injured by the City or any of its officers, agents, representatives, or employees, in connection with the performance of any work or repairs that may be done upon the streets, avenues, alleys and other public places of the City of Lubbock, the Company shall not be entitled to prosecute or maintain a claim against the City of Lubbock for any such damage or injury so sustained by it, except where such damages are the result of willful acts or active negligence {as opposed to passive negligence) of the officers, agents, representatives or employees of the City, and said right is hereby waived; provided, however, this Section shall not apply where such property is damaged or injured as a proximate result of installing, maintaining or removing City's equipment upon or from the Company's poles as provided in Section 10 hereof. SECTION 7. THAT the City, by the granting of this franchise, does not surrender or to any extent lose, waive, imperil or lessen the lawful powers and rights now or hereinafter vested in the City under the Constitu- tion and statutes of the State of Texas and under the Charter of the City to regulate the Company; and Company, by its acceptance of this franchise, and subject to the provisions of the Public Utility Regulatory Act of Texas, agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. Notwithstanding anything contained in this Ordinance to the contrary, all work done in connection with the construction, repair, maintenance and operation of all facilities of Company is subject to the continuing police power of the City; and the Company shall comply with all present and future laws, ordinances and regulations, except such as conflict with any provi- sion hereof lawfully surrendering the City's authority, or rules or regula- tions of the Public Utility Commission of Texas. SECTION 8. In the event SPPL, Inc. shall .ever be granted a Certifi- cate of Convenience and Necessity to provide telecommunications service within the City limits of City or service shall become totally deregulated and Company elects to provide such service, it shall be the Company's obli- gation hereunder to furnish efficient telephone communication service to the public at its rate schedule with said service to meet standards of the industry for the area. Company shall serve every eligible consumer in the franchise area that requests service, subject to lawful policies, tariffs and rules of Company regarding costs, amount of usage, customer deposits, -4- !I return on investment, access and other reasonable factors. The Company shall not discriminate against any person, corporation, firm, or associa- tion in the charge against any person, corporation, firm, or association in the charge for such telephone communication service or in the services rendered under like circumstances. The Company shall not directly or indi- rectly grant any discount or rebate, or give things of value to circumvent any applicable rate schedule. SECTION 9. THAT nothing contained in this Ordinance shall be construed as conferring upon the Company any exclusive rights of privileges of any nature whatsoever. SECTION 10. THAT in addition to the consideration set forth elsewhere in this Ordinance, the Company shall hereafter hold itself ready to furnish free of charge, subject to the use of the City, such pole space as may be reasonably required from time to time for the installation of City owned street light equipment, traffic, police and fire alarm system conductors, and alarm or other necessary signal boxes; provided that such space used by the City does not exceed the capacity of one cross-arm space on any one pole, and provided that such space is available on existing poles and has been requested three (3) days in advance in writing by the City Manager or his designated representative prior to installation of Company facilities hereunder placed within any street, alley or public way. The specific location of the street light equipment, and police and fire alarm conduc- tors and boxes on Company's poles shall be determined by the Company, but shall be a location consistent with public safety requirements, and will be allotted at the time specific applications for space are received from the City. Where a main underground ductline is hereafter constructed or installed between manholes by Company, the Company shall, as a part of same, provide free space for the installation by City of its traffic, police or fire alarm cables, on request in writing by City Manager or his designated representative prior to construction, one top duct having one capped off entry channel and one capped off exit channel between each two manholes, such entry and exit channels leaving the duct bank enclosure outside of, but near to, such manholes, and not cable or other equipment of City shall enter Company's manholes. Company shall, prior to each addition by it to any duct now existing or hereafter constructed, notify the City Manager or his designated representative of City of the nature and location of such intended addition; further, Company shall, along with its applica- tion for a permit to open a street for the purpose of laying a new duct, provide the City Manager and the City Engineer's office each with a set of plans showing the type, number, and location in the street, of the ducts to be constructed. City, prior to the original installation by it of its equipment in any such top duct, shall notify Company three (3) days in advance of the time and place it intends to make such entry and installa- tion. All cables installed by the City in Company ducts shall be of the non-metallic, sheathy type to prevent corrosive or electrolytic action ' between the City and Company owned cables. All City owned conductors and cables, whether on poles or in ductlines, shall be constructed, maintained and operated in such manner as to not interfere with or create a hazard in the operation of the Company's telephone communications system. Further, -5- II 11 Ii ,, 11 I all City owned traffic, police and fire alarm conductors, and alarm boxes, and any City circuits on Company poles, and all cables installed by City in ducts constructed by Company, shall be installed in strict compliance with the applicable provisions of the National Electrical Safety Code and other applicable federal, state and local codes. Provided further, that no part or portion of this Section shall ever be construed as requiring the Company to make any additional expenditure over and above the normal and ordinary cost, and if the City's requirements hereunder cause an additional cost or expense in enlarging, removing, adding to or otherwise changing the Company's facilities, City shall reim- burse Company for the full amount of such costs. The Company shall not in any case be liable for damages or claims of damages to any person or persons arising from or growing out of the attachment of City's equipment, or arising from or growing out of the construction, operation or mainte- nance of such City facilities. The City further agrees to indemnify and hold the Company harmless from any and all damages or claims for damages by reason of the construction, maintenance or operation of the City's facili- ties as set forth in this Section. SECTION 11. THAT as compensation and rental for the use of the streets, alleys and public ways of City in the conduct of its business under this franchise, Company shall pay City each year of the life of this franchise a sum of money equal to three percent {3%) of the annual gross receipts of Company from its customers within the City served by poles, wires, conduits or other plant construction or appurtenances of the Company located on, over or within City streets, alleys and other public rights-of- way or fifteen cents ($.15) per linear foot of right-of-way usage per annum, whichever is greater. Said linear foot payment shall be adjusted annually during the term of the franchise by the percent of change in the Consumer Price Index (for all Urban Consumers) for the last preceding calendar year, such change to be effective on the first payment following the anniversary date of this franchise agreement. If the payment is based upon gross receipts, said payment shall be due and payable monthly; the first payment to be due and payable on the 15th day of the month following the effective date of this franchise and on the 15th day of each month thereafter for the remaining life of this franchise, and each payment shall be computed upon receipts by Company during the preceding calendar month. For the purposes of this Section only, the effective date of this franchise {for computation of gross receipts payments), shall be thirty (30) days from the date of last publication. If the payment is based upon the linear foot fee, said payment shall be made monthly by the 15th day of the month in an amount equal to one twelfth of the annual fee based on the linear feet of right-of-way use as of January 1 of each year of this agreement. Said monthly payments above provided shall be exclusive of and in addition to ad valorern taxes. Any and all such payments made by Company pursuant to this Section shall be credited on any amount imposed, levied or assessed against Company by the City of Lubbock, pursuant to ordinance or otherwise, at any time as a charge {whether designated as rental, tax or otherwise) for the use by Company or City's streets, alleys and public ways. -6- SECTION 12. THAT the Company shall on the 1st day of February of each year of the life of this franchise, starting February 1, 1991, file or cause to be filed, a statement, certified by a duly qualified officer of Company, showing the gross receipts of the Company within the City of Lubbock (as defined above) during the twelve (12) months ending on the 31st day of December immediately preceding. For the purpose of determining the amount of the gross receipts of the Company at all times during the contin- uance of the rights herein granted, the Company shall keep in its office at the disposal of and open to inspection by any auditor authorized and appointed by City at all reasonable times, books of accounts and other records showing a full, true, complete and accurate account of the gross receipts of the Company from its telephone communications system sales within the corporate limits of the City. SECTION 13. THAT the Company shall indemnify and save the City harm- less from all claims, demands or causes of action brought against the City occasioned by or arising out of the construction, reconstruction, mainte- nance, or repair of Company's telephone communication system or in any way growing out of the granting of this franchise either directly or indirectly; provided however, that the provisions of this Section shall not be applicable to any claims, damages, actions or causes of actions proxi- mately resulting from the use by City, its officers, agents, representa- tives or employees, of Company's poles and ductlines for the installation, maintenance or removal of City's equipment, as provided in Section 10, or for which the City is otherwise liable as provided herein. SECTION 14. THAT in granting this franchise it is understood that the lawful power vested in law in the City to require all persons or corpora- tions to discharge the duties and undertaking for the performance of which this franchise was made, is reserved; this grant is made subject to all the rights, powers and authorities either of regulation or otherwise reserved to the City by its Charter or by the general laws of the State. SECTION 15. THAT the rights, franchises and privileges hereby granted shall not be transferred or assigned by the Company except with the consent , of the City Council of the City of Lubbock expressed by Ordinance passed by said City Council which consent shall not be unreasonably withheld; provided, however, the Company may mortgage or pledge its rights hereunder for security or obligations owing by the Company; and provided further, that a transfer could be made in a merger, consolidation or reorganization proceeding to which the Company is a party or to a subsidiary corporation or affiliate corporation of the Company or wherein the Company sells its entire physical assets. , In the event of contemplated transfer of this franchise, under the 1 terms of this Section permitting transfer without consent of City Council, the Company shall notify the City of Lubbock of the contemplated transfer by written notice delivered to the City Secretary not less than sixty (60) days prior to accomplishment of any merger, consolidation or reorganization proceeding or transfer of its entire physical assets; and will provide the -7- ' City Council an opportunity to confer with the proposed transferee concern- ing proper acceptance of the terms of this franchise. Prior to exercising any rights hereunder, any purchaser or transferee of Company shall file with the City Manager a written acceptance of this franchise setting forth an agreement to be bound by all terms and provi- sions hereof. SECTION 16. THAT to the extent that the City has authority to do so, it gives to Company, during the life of this franchise, the right, license, privilege and permission to trim trees upon and overhanging the streets, alleys, sidewalks and public places of City, so as to prevent the branches of such trees from coming in contact with the wires or other equipment of the Company. The Company agrees that it will fully protect and indemnify City from any and all claims, demands, actions, causes of actions, damages and expenses arising because of such trimming by the Company under the provisions of this Section. SECTION 17. THAT the franchise rights and privileges hereinabove granted to the Company, its successors and assigns are and shall be at all times, during the term and life of this franchise, contingent upon the faithful and punctual performance of and compliance with all acts, require- ments and provisions of this Ordinance, and any amendment hereof, by the Company, its officers, agents and employees on its part to be performed, complied with and abided by, and if at any time Company shall refuse or fail to keep, perform, comply with and abide by all and singular the acts, requirements and provisions of this Ordinance, or any amendment, within sixty (60) days from receipt of written notice from the City Manager acting by Order of the City Council setting forth in detail the facts constituting default of the Company and what is required to cure such default; and upon continued failure of the Company to keep, perform, comply with and abide by such acts, requirements and provisions of this Ordinance or any amendment or failure to cure the default set forth in such written notice, the City Council may, at its option, terminate this franchise and all privileges and rights herein granted to said Company. The notice herein mentioned shall be sufficient, if given to the Manager of Company in charge of its main office in the City of Lubbock. SECTION 18. THAT the City shall have power at any time to require j Company to remove and abate at its own expense any installation or struc- 1 ture thabtl is dta1ngerofusi1to lifefor protperty, tanhd Cin1 caseh t1h1ehCompanhy, after reasona e no ce, a s or re uses o act, e ty s a ave t e power l l using reasonable means and methods to remove or abate the same at expense of the Company, all without compensation or liability for damages to the I Company. SECTION 19. THAT if any provision, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconsti- tutional, void or invalid (or for any reason enforceable), the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City in adopting this Ordinance that no portion -8- thereof or provision or regulation contained herein shall become inopera- tive or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation, and to this end, all provisions of this Ordinance are declared to be severable. SECTION 20. THAT Company shall, within thirty (30) days from the date of the final passage of this Ordinance by the City Council of the City of Lubbock, file with the City Secretary of Lubbock, a written statement signed in its name and behalf by an officer of the Company duly authorized by its Board of Directors in the following form: "The Honorable Mayor and the City Council of the City of Lubbock: SPPL, Inc., for itself, its successors and assigns, hereby accepts the attached Ordinance finally passed by the City Council of Lubbock, the 22nd day of March 19 90, and agrees to be bound by all of its terms and provi- sions. Dated the SPPL, INC. BV:~2 President 10th day of __ A..f;.p_r_i_l _____ , 1990." The full text of this Ordinance shall, after finally proposed to be passed by the City Council of the City of Lubbock, be published once each week for three (3) consecutive weeks in a newspaper of general circulation published in the City of Lubbock, and the expense of such publication shall be borne by the Company. Upon said publication being completed and the acceptance of this Ordinance by Company as herein provided, this Ordinance shall take effect thirty (30) days after its last publication, except as may be hereinabove otherwise provided. -9- AND IT IS SO ORDERED. Passed by .the City Council on first reading this 8th day of March , 1990. Passed by. the City Council on second reading this 22nd day of March'. , 1990. · APPROVED·is TO CONTENT: -~t@,~t,d RoertMassengae;ssistant City Manager for Financial Services ✓ c.;;-~~ 'B.C. McMINN, MAYOR -10- MCWHORTER, COBB AND JOHNSON OWEN W. McWHORTER (18117-1888) DALE H. JOHNSON MARION T. KEY J.R. BLUMROSEN ATTORNEYS AT LAW 1722 IIROADWAY LUBBOCI<, TEXAS 78401 P.O. lilOX 1547 LUBB()Ct(, TEXAS 79408 D. THOMAS JOHNSON JACK P. DRISKILL DAVID R. LANGSTON 0. MURRAY HENSLEY BRIAN P.QUINN ROGER A. KEY TELEPHONE TELECOPY '308) '1'82-G14 '308) 782-1014 DON R. RICHARDS GARY R. TERRELL DULAN 0. ELDER Mr. Robert Massengale Assistant City Manager City Hall 1625 13th street Lubbock, Texas 79401 April 11, 1990 Re: Ordinance of SPPL, Inc. Dear Mr. ),tassengale: ANN MANNING MAX R. TARBOX ROBIN M. GREEN JOSEPH F. POSTNIKOFF LARRY McEACHERN RONNIE L. AGNEW SABRAJ. SRADER OF COUNSEL CHARLES L. COBB OWEN W. MoWHORTER, JR.' Enclosed herewith please find the Ordinance which has been duly executed by the President of SPPL, Inc. we would request that you please return to me two (2) signed copies of this Ordinance. /tdr Enclosure Yours very truly, JOHNSON MCWHORTER, COBB AND JOHNSON OWEN W. McWHORTER (1897-1988) DALE H. JOHNSON MARION T. KEY J.R. BLUMROSEN ATTORNEYS AT LAW 1122 BROADWAY LUBBOC:K, TEXAS 711401 P .0. BOX 2!547 · LUBBOCK, TEXAS 711408 D. THOMAS JOHNSON JACK P. DRISKILL DAVID R. LANGSTON D. MURRAY HENSLEY BRIAN P. QUINN ROGER A.KEY TELEPHONE TELECOPY DON R. RICHARDS GARY R. TERRELL DULAN D. ELDER fl06) 762-0214 flOfJ) 762-8014 Mr. Robert Massengale Assistant City Manager City Hall 1625 13th street Lubbock, Texas 79401 April 11, 1990 Re: Ordinance of SPPL, Inc. Dear Mr. Massengale: ANN MANNING MAX R. TARBOX ROBIN M. GREEN JOSEPH F. POSTNIKOFF LARRY McEACHERN RONNIE L AGNEW SABRAJ.SRADER OF COUNSEL CHARLES L. COBB OWEN W. McWHORTER, JR.' Enclosed herewith please find the Ordinance which has been duly executed by the President of SPPL, Inc. We would request that you please return to me two (2) signed copies of this Ordinance. /tdr Enclosure Yours very truly,