HomeMy WebLinkAboutOrdinance - 524-1934 - Southwestern Bell Co. Shall Erect And Maintain Poles. Did Not Pass Second Read - 11/02/1934,, -02-,.934 n ... o~-934
. \'2 -1 ?-\934
ORDINANCE NO. 525
AN ORDINANCE 1.'lHEREBY THE C!IJ.'Y OF LUBBOCK, TEXAS, AND TEE SOUTH-
\':.ESTERN BELL TELEPHON"~ COMPANY AGREE THAT TIE Tb:LE?HOIC COMI'~a-ff
SHALL CONTI}llfE TO l!:RECT AND UAD.'TA.IN' ITS POLES, ~.ri'IRE3, .ANCHORS,
CABLES, 1WffiOLES, CONDUITS, .AND OTHER PLAUT CONSTRUCTION AND
.APPURTEN.A..'WES ..U.ONG, ACROSS, ON, OVER, THROUGH, ABOV.E .AND IDffiER
ALL PUBLIC STREETS ,A1CEN:QEq ALLEYS, 1--UBLIC GRO~"DS AND ?LACES
IN SAID CITY, UNDER CONDITIONS, REGULATIONS AND RESTRICTIONS,
AND THAT TEE CITY SHALL :RECEIVE AN ANNUAL PAYMENT .AND THE RIGHT
TU UID: CERTAIN FACILITIES OF THE TELEPHONE COID' ~fY, &.!. AS
HEREIN PROVIDED:
WHEREAS, the Soutlw~"S tern Bell Telephone Company, hereinafter
referred to as the "Telephone Company" is now and has been
engaged in the telephone business in the State of Texas, and
in furtherance thereof, has erected and maintained certain items
of its plant construction in the City of Lubbock, Texas, here-
inafter referred to as the "City'', for many years purcuant to
such rights as have been granted it by and under the laws of
the State of Texas, and subject to the exercis~ of such reason-
able rights of regulation under the police pm1er as have been
also lawfully granted by and under said laws to said City; and
Whereas, it is to the mutual advantage of both said
City and said Telephone Company that a contract-agreement should
be entered into between the Telephone Company and the City
establishing the conditions under which said Telephone Company
shall operate in said City;
NOW, THEREFORE, BE IT ORDAINED BY TIE CITY OF LUBBOCK, TEAAS:
SECTION :; 1 -CONSTRUCTION .AND MA:H-."TANCE OF TELEPHONE PLANT AND SERVICE.
The poles, wires, anchors, cables, manholes, conduits and other
plant construction and appurtenances, used ip or incident to the
giving of telephone service and to the maintenance of a telephone
business and system by the Telephone Company in said City, shall
remain as now constructed, subject to such changes as under the
limitations and conditions herein prescribed may be considered
necessary by the City in the exercise of its lawful pov1ers and by
the Telephone Company in the Exercise ot its business ot furnish-
ing telephone service; and said Telephone Company shall continue
to exercise its right to place, remove, construct and reconstruct,
extend and maintain its said plant and appurtenances as the business
and purpose for which it is or may be incorporated may from time
to ti~e require, along, across, on, over, through, above and under
·all the public streets, avenues, alleys and public grounds and
places within the present limits of said City and within said
limits as the same from time to time may be extended, subject to
the regulations, limitations and conditions as herein prescribed.
SECTION 2 -SUPERVISION BY CITY OF LOCATION OF FOLS S AND CONDUIT.
All poles to be placed shall be or sound material and reasonably
straight, and shall be so set that they will not interfere with
the tlow of water in any gutter or drain, and so that the same will
interfere as little as practicable with the ordinary travel on the
street or sidewalk. The location and routs of all poles, stubs,
guys, anchors, conduits and aables to be placed and construeted
by the said Telephone Company in the construction and maintenance
ot its telephone system in the said City, and the location of all
conduits to be laid by the Telephone Company, within the limits
or the said City under this ordinance, shall be subject to the
reasonable and proper regulation, control and direction ot the City
Commission of said City, or of any city official to whom such duties
have been or may be delegated.
SECTION 3 -STREETS TO BE RESTORED TO GOOD CONDITION.
The surr~ce of any street, alley, highway, or public place distrubed
by the Telephone Company in building, constructing, renewing or
maintaining its telephone plant and system shall be restored within
a reasonable time atter the completion of the work to as good a
condition as before the commencement of the V>:ork and maintained
Ordinance No. 525 -page 2.
to the satisfaction of the City Commission of said City, or of any city
official to whon such duties have. been or may be dele gated, for one
year 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 maintenance shall become the duty of the
City. No street, alley, highway or public place shall be encumbered
tor a longer period than shall be necessary to execute the work.
SECTION 4 -OPERATION AND l.WUNTANANCE OF TEL.1i;PHONE l"~LANT.
The Telephone Company shall maintain its system in reasonable operating
condition at all normal times during the continuance of this contract-
a greement. An exception to t h is condition is automatically in effect
when service furnished by the Telephone Company is interrupted, impaired,
or pre~ented by fires, strikes, riots 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 RI£MOV AL OF V:'IRES.
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 structures. The expense of such tempora ry removal,
raising or lowering of wires shall be paid by the benefited party or
parties, and the Telephone Company may require such payment in advance.
The Telephone Company shall be given ~ot less than forty-eight hours
advance notice to arrange for such temporary wire .changes.
SECTION 6 -TREE TRI A!ll..UNG.
The right, license, privilege and permission is hereby granted to
the Telephone Company, its successors and assigns, to trim trees upon
and overhanging the streets, alleys, sidewalks and public places of
said City. so as to prevent the branches or such trees from coming in
contact with the wires or cables of the Tele phone Comp any, all of said
trimming to be done under the supervision and direction of the City
Commission of said City 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 TELEPHOl'TE COM? A. "'IT
To indemnify the City .tor any and all possible damages to its streets,
alleys and public grounds which may result from the placing and main-
tenance the rein or thereon of the Telephone Company's poles, conduits
or other telephone equipment or apparatus, and to compensate the City
for its superintendence of this contract-agreement, and as ~he cash
consideration for this contract-agreement, the Telephone Company a grees
to pay to the City annually during the continuance of the a greement a
sum of money e qual to one and one-half per cent {1~~) of the annual gross
receipts for the preceding year received by the Company from the rendi-
tion of local telephone service vrithin the corporate limits of the City.
The first payment he~eunder shall be due and payable March 15, 1936,
and shall be based on l ~~ of the said gross receipts received by the
Telephone Company during the full year of 1935. The second payment
shall be due and payable on March 15, 1937, and shall be based on the
gross receipts from the local telephone service within the corporate
limits of the City received by the Telep hone Company during the full
year of 1936; and thereafter payments shall be due and payable on the
15th of March ot each succeeding year during the life of thi s agreement
and shall be based on the previous year's gross receipts as before·pro-
vided. And the said sum of 11%· of the gross receipts aforesaid shall
be paid and received in lieu of any tax, license, charge, fee, or
imposition, other than the usual, general or special ad valores taxes
now ·or hereafter levied.
ORDINA14CE NO. 525 -Page 3.
SECTION 8 -FACILITIES TO EE FURNISHED CITY AS ADDITIONAL CONSIDERATION.
In addition to the consideration set forth in Section 7, the Telephone
Company shall reserve for and hold, subject to the use of the said
City, such wire space as may be required from time to time by said
City upon the poles now owned or hereafter erected by the Telephone
Conpany in the City for the use of the City police and tire alarm
system: provided that the required wire space shall not exceed the
wire capacity ot one cross-arm on any one pole. The location on the
poles of this fire and police wire space shall be determined on
specific applications tor space, at the time the applications are
received from the City, and will be allotted in accordance with the
considerations ~or electrical construction of the United States Depart-
ment of Commerce, Bureau of Standards. In its wire construction on the
Telephone Company poles, the City will follow the suggestions and
requirements laid down for wire construction in the Rules· and Regula-
tions of the Bureau of Standards of the United States Department of
Commerce, and such wires shall further be constructed, maintained and
operated in such manner as not to interfere with nor create undue
hazard in the operation of the telephone system ot the Telephone Com-
pany.
SECTION 9 -ATTACHMENTS NOT HERE AFFECT~D.
Nothing.in this ordinance contained shall be construed to require or
permit any electric light or power wire attachments by the City or tor
the City. If light and/or power attachments are desired by the City
or for the City, then a further separate, non-contingent agreement
shall be a prerequisite to such attachments. Nothing herein containe·d
shall obligate or restrict the Telephone Company in exercising its
right to VOluntarily enter into pole attachment, pole US"lge, joint
ownership, and other v:ire space and facilities agreements with light
and power companies and with other wire using companies which may be
privileged to operate within the City.
SECT ION l lO -PERIOD OF Tih~ OF THIS ORDINANCE -TElli.fiNATION.
The rights, licenses, privileges and permissions granted to and con-
tracted for by the Telephone Company herein, its successors and assigns,
shall be for a full term and period of t""~<"enty ( 20) years from and
after the time this agreement goes into effect.
SECTION 11 -.NO EXCLUSIVE PRIVILEGES CO~T.FERHED BY TF.IS ORDINANCE.
Nothing herein contained shall be construed as giving to the Telephone
Company any exclusive privileges.
SECTION 12 -SUCCESSORS AND ASSIGNS.
The rights, powers, limitations, duties and restrictions herein provided
for shall insure to and be binding upon the parties hereto and upon
their respective successors and assigns •.
SECTION 13 -PARTIAL INVALIDITY AND REPEAL PROVISIONS.
If any section, sentence, clause or phrase of this ordinance is for
any reason held to be illegal, ultra vires or unconst~tH~iBD~1.va~~o~
invalidity shall not a~rect the val~d~ty or ~~ea~~m~arts~of ordinance
this ordinance. All ordinances and agreemen -·led
and agreements in conflict herewith are hereby repea •
SECTION 14 -ACCE:PTANCE OF CONT!UCT-A.GREEl·.f~NT •
· hall have thirty (30) days from and after
The said Telephone Compaln{ s file its written acceptenoe of this
its passage and approva o n such a~ceptance being filed,
ordinance with the City Clerlc, and d upo d binding the contract-e.greement
this ordinance shall effect~ate ~nthr: ~rdinance shall take effect
provided by the terms hedreoft,ra~hirty (30) days from the date . and be in force from en a e
... ' -
ORDINANCE NO. 525 -Page 4.
ot its last publication as prov~ded in the charter of the City.
Approved this 8th day of November, A.D. lg34.
Approved this 2nd day ot November, 1934.
Approved this 13th day of December, 1934.
ATTEST:
w. o. Stevens.
~Ity Cierk.
Ross Edwards ----~~~-----~~--------Mayor
·. ..
ACCEPTANCE
\f.HEREAS, the City of Lubbock and the City Com-
missioners thereof did on the 13th day of December, A· D. 1934,
enact an o~inance entitled:
"AN ORDINANCE \VHEREBY THE CITY OF LUBBOCK,
TEXAS, AND THE SOUT~~~STERN BELL TELEPHONE CO~WANY AGREE THAT
THE TELEPHONE COMPANY SHALL CONTII'WE TO ERECT AND MAIIiTAIN ITS
POLES, WIRES, Al~CHORS, CABLES, MANHOLES, CONDUITS, AND OTHER
PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER,
THROUGH ABOVE, AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS,
PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER CONDIT! ONS, REGU•
LATIONS AND RESTRICTIONS, AND THAT THE CITY SHALL RECEIVE AN
.ANlillAL PAYMENT AND THE RIGHT TO USE CERTAIN FACILITIES OF THE
TELEPHONE 'cO..IPANY, ALL AS HEREIN PROVIDED:"
and
\1HEREAS said ordinance was on the 13th day of
December, A. D. 1934, dulY approved and signed by the Mayor of
said City and the seal of said City thereto affixed and attested
by the City Clerk:
NOW, THEREFORE, in compliance with the terms of
said Ordinance so enacted, approved and attested, the Southwest-
ern Bell Telephone Company hereby accepts said ordinance and files
this its written acceptance with the City Clerk of said City in
his said office.
Dated this 26th day of December, 1934.
SOUTHWESTERN BELL TELEPHONE COMPANY
BY_(.::::-;:;· ;::..:) ·:_:l~.~\-J~~~~~
General Manager
~TTEST:
(t.v.~
SeCrt?tarY
of Lubbock, Texas, this day of _fk.:t.c Acceptan~ filed in t.~ffice of the City Cler..f:_
, A· D • 19i.1_5