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HomeMy WebLinkAboutOrdinance - 8961-1986 - Ordinance 8961 Granting To NTS Communicaitons Right To Conduct Bsuiness - 08/28/1986I • I . . .. . . .. DGV:js First Reading August 28, 1986 Agenda Item #35 Second Reading September 11, 1986 Agenda Item #11 OIIDINAN:E K>. 8961 AN OIID:rNAN::E GRANTihU TO NlS CCHroNICATIONS, IR:. THE RIGm', PRIV- ILEGE Am FRA!DIISE TO <DNDu:T WITHIN THE CI'IY CF LtiBl3CXlC, TEXAS, A TELE- PIDNE cntMUNICATIONS BUSINESS AND TO ENTER UPON, ~.. CONS'.rBI:CT, MAIN- TAIN, EXTEND, REPAIR, REPlACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, APDI£1 Across AND AIDOO ANY AR> ALL CF THE PRESENT AND FOTORE PUBLIC Ra\DS1 HIGBWAYS, smEBI'S, LANES AND ALLEYS CF THE CI'IY CF LUBBOCK, A SYs- TEM CF POLES, AK!HORS, CABLES, WIRES, MANHOLES, COIDUITS, AR> OIBER PLAm' CX>NSTRr.CI'ION AR> APPtJRTENA!CES N.EX:ESSARY OR PROPER FOR THE BUSINESS CF FURNISHim TELEPHONE SERVICES INIO, IN, WITHIN, F.RCM, ACROSS, AND THRClJGB THE CI'IY CF LtiBl3CXlC, AS !Of EXISTING, OR AS SAID CI'IY LIMITS MAY HERE- AFTER BE EXTENDED, AND GRANTihU NTS CCHoroNICATIONS, IH::., ITS so:cESSORS AID ASSIGNS, THE .At11HIU'IY TO USE StCB FOR THE PURPOSE CF FURNISHING TEraEPIDNE SERVICES TO THE INHABITAm.'S CF THE CI'IY, OR ANY OIBER PERSON OR PERSONS, FIRMS OR OORPORATIONS WITHIN THE CI'IY; PROVIDING THAT m!S FRAN- CHISE SHALL BE EFFl!Cl'IVE FOR A PERIID OF iWEN.1Y (20) YEARS ~IhU UPON AND EXTENDING F.RCM THE EFFErn'IVE DATE CF THIS ORDINAN:E AFl'ER FINAL PASSAGE HERD'; PBOVIDING FOR THE TEMPORARY REMOVAL, RAISING OR UliERitG BY CGIPANY CF ITS WIRES AR> OIBER .APPtlRl'ENAlaS; PROVIDING FOR THE RIGHI' TO, AID comiTION CF, THE OPENIR:; OF PAVEMENIS AND SII>EJVALKS BY CGIPANY; RETAINING ALL RIGHI'S CF CI'IY TO RmoiATE THE ux::ATION OF CGD?ANY 1 S FI.CIL- ITIES IN, UPON, AOOI:«;, UNDER AR> OVER THE STREETS, ALLEYS AND OIBER PUB- LIC PLACES CF CI'IY 1 AS WELL AS TO REQOIRE THE RELCX!ATION OF SAME; PROVID- ING FOR EFFICIENT TEraEPIDNE SERVICE AND THE MAINl'AINihU OF a:Jo1PANY 1 S FA- CILITIES; PROVIDING FOR THE USE BY CI'IY FOR THE PURPOSES SPECIFIED OF POLES AND OOIDUITS OF <Xl4PANY; PROVIDihU CCH?ENSATION, AND ME'IHCD OF PEI.- MENT OF St:CB, 'IO THE CI'IY FOR THE USE BY <Xl4PAN'f. OF THE STREm'S, ALLEYS AND PUBLIC WAYS OF THE CI'IY; PROVIDING FOR THE MAINl'AINihU CF REJ:ORDS BY CGIPANY WITH RIGHI' OF INSPErn'ION BY CI'IY RESERVING TO CI'IY ALL PaiERS OF Rm.JIATION; PROHIBITING ASSIQ\IMENI' EXCEP.r BY CONSENT BY CI'IY EXCEP.r IN CER1'AIN CASES; GIVING CI'IY'S CONSENl' 'IO THE Ct1.rl'ING AID TRIMMING BY <XJ.}- PANY OF CONFLICTING ~~ PROVIDING A SEVERABILITY CI:AUSE; PROVIDING THAT m!S FIWDUSE SHALL :NJll BE EX<UJSIVE; MAKING Mis:::ELIANEX:XJS PROVI- SIONS RELATIVE 'IO THIS GRAm CF FRAH:HISE; PROVIDING FOR THE PUBLICATION OF THIS FRAN:E:SE ORDINAN:E AND ITS ACCEPT.AK:E BY CGIPANY. WHEREAS, NTS COimunications, Inc., bas 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 conmmica- tions business at this time, and it appearing to the City Council that the issuance of such franchise is expedient and wise, and will be of ben- efit to both the Company and the City of Lubbock; !Of THEREFORE: BE IT ORDAINED BY THE CI'IY co:JN:!IL OF THE CITY OF LtJBB:lCEC: S&:TIOO: 1. THAT subject to the teilDS, conditions and provisions of this Ordinance, the City of Lubbock, Texas, hereinafter referred to as •city,• does hereby grant unto 1m3 Conmmications, Inc., a corporation incorporated under the laws of the state of Texas, hereinafter referred to as •eonpany,• its successors and assigns, the right, privilege and . " . " / franchise to conduct within so mch of the boundaries of the City of Lubbock, as such boundaries nOW' exist or may hereafter be extended, and to which is pennitted to serve by federal and state law, a telephone com- uunications system and to enter upon, erect, construct, maintain, extend, repair, replace, and reirDVe, 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 orwned or controlled by the City, a system of poles, wires, an- coors, cables, manholes, conduits and other plant construction and appur- tenances necessary, proper or reasonably needed for the exercise of its business of fumishing 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 con- struction and appurtenances for the exercise of its business of fumish- ing telephone service to the City and to the inhabitants of the City or any other person or persons, firms or co.rporations within the City sub- ject to the regulations, limitations and conditions herein prescribed. srol'ION 2. THAT the franchise rights, privileges and :pcM;rs herein granted shall be in force and effect thirty (30) days from the last pub- lication of this Ordinance provided the Company bas accepted the sane as set forth in Section 20 hereof, and once accepted by the Conpany, this franchise shall continue in effect for a tem of twenty (20) years from the date of last publication aforenentioned. sror:IOO' 3. THAT the Conpany, on written reasonable request of any resp:msible person, firm, co.rporation or governna1ta1 authority, shall teup:>rarily 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 pennit construction work in the vicinity thereof, or to pennit the roving of houses or other bulky structures. The expense of such t:e.Iporary relo- cation, raising or lowering of such wires or cables shall be paid by the benefited party or parties, and the Conpany may require payment in ad- vance, being without ooligation 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 Agreerent. The Com- pany shall be given not less than seventy-two (72) hours prior written notice of such teup:>rary changes. mx:TION 4. mAT within the streets or other public rights-of-way of the City, the location and route of all polef\, wires, anchors, cables, manholes, conduits and other plant construction and appurtenances to be placed or constructed by the Corcpany in the operation of its telephone system within the City shall be subject to the reasonable and proper reg- ulation, control and direction of the City, or the City official to wlxm1 such duties 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 sane will interfere as little as practicable with the ordi- nary travel upon the streets, sidewalks and other rights-of-way within the City; the regulation and control herein reserved shall include, but not be limited to, the right of the City to require the Company, at the -2- Company1s expense, to relocate its poles, lines or conduits so as to per- mit the follCYrling activities undertaken by the City or on its behalf: a. the widening or straightening of any street or alley located within the CityJ b. the closing, opening or relocation of any street or alley within the CityJ 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 City7 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 Conpany is required to relocate, change the route of or reposition its poles, lines or conduits, the City shall give at least thirty (30)1 days advance written notice to the canpany specifying the new location, route or position of the poles, lines or conduits in- volvedJ 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 reinbursable or payable to the COmpany or the City by the state of Texas, the United states or any govemmental agency or subdivision 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 reinburse:aent or paynent of such expenses. The provi- sions of this Section shall not apply to inprovenents ma.de 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 reinbursed its costs and expenses of relocating fa- cilities. SB:'l'ION s.. THAT if it becomes necessary in furnishing telephone camunications 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 ma.y be neces- sary, provided, however, that the Company shall not take up or excavate any pavement at any ti.tl¥! without first securing the written pennission of the City Manager or his designated representative, which pennission will not be unreasonably withheldJ and provided further, . that all excavations and installations so ma.de shall be performed in such manner as will cause the least reasonable inconvenience to the public, and the Conpany shall . promptly restore or cause to be restored to as good condition as before working thereon all such pavements, sidewalks, streets, alleys or high- ways excavated by it to the reasonable satisfaction of the City Manager or his designated representative. -3- SEX:TION 6. THAT if any of the facilities installed by the Ccxrpany 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, main- taining or removing City's equipment upon or fran 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, in"g;leril or lessen the lawful powers and rights now or hereinafter vested in the City umer the Con- stitution 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 power and rights as the same may be from ti.Ire to ti.Ire 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 ti.Ire to ti.Ire. Notwithstanding anything contained in this Ordinance to the con- trary, all work done in connection with the construction, repair, main- tenance and operation of all facilities of Company is subject to the con- tinuing police power of the City; and the Company shall conply with all present and future laws, ordinances and regulations, except such as con- flict with any provision hereof lawfully surrendering the City's au- thority, or rules or regulations of the Public Utility canmission of Texas. SEX:TION 8. '!'BAT it shall be the Coolpany's obligation heretll'V3er to fumish efficient telephone camunication 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 oonsuroor in the franchise area that requests service, subject to lawful policies, tariffs and rules of Coirpany regarding cost, amount of usage, customer deposits, retum on in- vest:nrant, access and other reasonable factors. The canpany shall not discriminate against any person, corporation, firm, or association in the charge for such telephone communication service or in the services ren- dered under. like circumstances. The Company shall not directly or indi- rectly grant any discount or rebate, or give things of value to circum- vent any applicable rate schedule. SEX:TION 9. '!'BAT nothing contained in this Ordinance shall be con- strued as conferring upon the Coirpany any exclusive rights or privileges of any nature whatsoever. -4- . . . SECriON 10. THAT in addition to the consideration set forth else- where in this Ordinance, the Conpany shall hereafter hold itself ready to fumish free of charge, subject to the use of the City, such pole space as may be reasonably required from t.in'e to tilre for the installation of City owned street light equipient, traffic, police and fire alarm system conductors, and alarm or other necessary signal boxes7 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 bas been requested three (3) days in advance in writ- ing by the City Manager or his designated representative prior to instal- lation of Conpany facilities hereunder placed within any street, alley or public way. Tbe specific location of the street light equjplent, and police and fire alarm conductors and boxes on Conpany's poles shall be determined by the Conpany, but shall be a location consistent with public safety requirements, and will be allotted at the tilre specific applica- tions for space are received from the City. Where a main underground ductline is hereafter constructed or installed between manholes by Com- pany, the Conpany shall, as a part of sane, provide free space for the installation by City of its traffic, police or fire alarm cables, on re- quest 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 no cable or other equipletlt of City shall enter Conpany 1 s manholes. Conpa.ny shall, prior to each addition by it to any duct now existing or hereafter constructed, notify the City Manager or his desig- nated representative of City of the nature and location of such intended addition, further, Conpany shall, along with its application for a permit to open a street for the p.u:pose of laying a new duct, provide the City Manager and the City Engineer's office each with a set of plans show'ing the type, nu:o:ber, and location in the street, of the ducts to be con- structed. City, prior to the original installation by it of its equip- nent in any such top duct, shall notify Conpa.ny three (3) days in advance of the tilre and place it intends to make such entry and installation. All cables installed by the City in Conpany ducts shall be of the non- m=tallic, sbeatby type to prevent corrosive or electrolytic action be- tween the City and Company owned cables. All City owned conductors and cables, whether on poles or in ductlines, shall be constructed, main- tained and operated in such manner as to not interfere with or create a hazard in the operation of the Ccmpany 1 s telep001le cannunications system. Further, all City owned traffic, police and fire alann conductors, and alarm boxes, and any City circuits on COJrp;my poles, and all cables in- stalled by City in ducts constructed by Conpany, shall be installed in strict conpliance with the applicable provisions of the National Electri- cal Safety Code and other applicable federal, state and local codes. Provided further 1 that no part or portion of this Section shall ever be construed as requiring the Conpany to make any additional expen- diture over and above the nocna.l and ordinary cost, and if the City's re- quirements hereunder cause an additional cost or expense in enlarging, removing, adding to or otherwise changing the Conpany's facilities, City shall rein:burse Conpany for the full aJOOUnt of such .costs. The Ccmpany 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 attachJ:talt of City's -5- . . . . . . equip:nent, or arising from or growing out of the construction, operation or maintenance of such City facilities. The City further agrees to in- demnify and bold the Conpany harmless fran any and all damages or claims for damages by reason of the construction, maintenance or operation of the City's facilities as set forth in this Section. SEX:TION 11. THAT as canpensation and rental for the use of the streets, alleys and plblic ways of City in the conduct of its business under this franchise, Conpany shall pay City each year of the life of this franchise a sum of mney equal to two percent (2%) of the annual gross receipts of Conpany fran its custaners within the City served by p:>les, wires, conduit or other plant construction or appurtenances of the Company located on, over or within City streets, alleys and other public rights-of-way. Said paYJOOilts shall due and payable uonthly; the first payment to be due and payable on the 15th day of the uonth following the effective date of this franchise and on the 15th day of each uonth there- after for the remaining life of this franchise, and each payment shall be conputed upon receipts by Conpany during the preceding calendar mnth. For the purposes of this Section only, the effective date of this fran- chise (for cooputation of gross receipts payments) , shall be ----~ 198__, at 12:01 o'clock A.M. Said uonthly payments above provided shall be exclusive of and in addition to ad valorem taxes. Any and all such payments made by Conpany pursuant to this Section shall be credited on any aoount inposed, levied or assessed against CO!rpany by the City of Lubbock, pursuant to ordinance or otherwise, at any t.i.re as a charge (whether designated as rental, tax or otherwise) for the use by Conpany or City's streets, alleys and public ways. SEX:TION 12. THAT the Company shall on the lst day of February of each year of the life of this franchise, starting February 1, 198__, file or cause to be filed, a statement, certified by a duly qualified of- ficer of Company, showing the gross receipts of the Conpany within the City of Lubbock (as defined above) during the twelve (12) ronths ending on the 31st day of Deceutler iillnediately preceding. For the purpose of determining the axoount of the gross receipts of the Company at all tines during the continuance of the rights herein granted, the COJrpany shall keep in its office at the disposal of and open to inspection by any au- ditor authorized and appointed by City at all reasonable ti.Des, books of accounts and other records showing a full, true, conplete and accurate account of the gross receipts of the Conpany fran its telephone conmmi- cations system sales within the corporate limits of the City. SEX:TION 13. THAT the Company shall indemnify and save the City lj harmless fran all claims, demands or causes of action brought against the I City occasioned by or arising out of the construction, reconstruction, cf n:aintenance, or repair of Conpany's telephone camrunication system or in il any way growing out of the granting of this franchise either directly or jl indirectly; provided, however, that the provisions of this Section shall li not be applicable to any claims, damages, actions or causes of actions I proximately resulting fran the use by City, its officers, agents, repre- sentatives or enployees, of Company's poles and ductlines for the instal- lation, maintenance or rem:>val of City • s equipnent, aS provided in Sec- tion 10, or for which the City is otherwise liable as provided herein. II -6- ... SID!'ION 14. THAT in granting this franchise it is understood that the lawful power vested by law in the City to require all persons or cor- porations to discharge the duties and undertaking for the perfomance of which this franchise was made, is reserved; this grant is mde 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. sm.r:ION 15. THAT the rights, franchises and privileges herEby granted shall not be transferred or assigned by the CoDpany except with the consent of the City Council of the City of Lubbock expressed by Or- dinance passed by said City Council which consent shall not be unreason- ably withheld; provided, however, the Conpany may mortgage or pledge its rights hereunder for security or obligations owing by the Company; and provided further, that a transfer could be ma.de in a nerger, consolida- tion or reorganization proceeding to which the Company is a party or to a subsidiary cor:poration or affiliate cor:poration of the Coopany or wherein the Conpany sells its entire physical assets. In the event of contenplated transfer of this franchise, under the terms of this Section permitting transfer without consent of City cam- ell, the Conpany shall notify the City of Lubbock of the conteiiplated transfer by written notice delivered to the City Secretary not less than sixty (60) days prior to acconplisho:alt of any merger, consolidation or reorganization proceeding or transfer of its entire physical assets; and will provide the City Council an opportunity to confer with the proposed transferee concerning proper acceptance of the terms of this franchise. Prior to exercising any rights hereunder, any purchaser or trans- feree of Conpany shall file with the City Manager a written acceptance of this franchise setting forth an agreenent to be bound by all terms and provisions hereof. SID!'IOO 16. THAT to the extent that the City bas authority to do so, it gives to Conpany, during the life of this franchise, the right, license, privilege and peiiDission to trim trees UJ:X>I1 and overhanging the streets, alleys, sidewalks and {Xlblic places of City, so as to prevent the branches of such trees from coming in contact with the wires or other equipnent of the Conpany. The Conpan.y agrees that it will fully protect and indemify City from any and all claims, demands .. actions, causes of actions .. damages and expenses arising because of such trimming by the Conpany under the provisions of this Section. al:TION 17. THAT the franchise rights and privileges hereinabove granted to the Conpany, its successors and assigns are and shall be at· all ti:lles, during the tenn and life of this franchise, contingent upon the faithful and p.mctual perfor:mance of and conpliance with all acts, requireiOODts. and provisions of this Ordinance, and any a:aendnelt hereof, by the Conpany, its officers, agents and enployees on its part to be per- forDed, conplied with and abided by, and if at any ti:lle Conpany shall refuse or fail to keep, perform, conply with and abide by all and sin- gular the acts, requireiOODts and provisions of this Ordinance, or any anendnent, 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 Coirpany and what is required to -7- cure such default; and upon continued failure of the Conpany to keep, perform, COJ.Iply with and abide by such acts, requireaents and provisions of this Ordinance or any amendm:mt or failure to cure the default set forth in such written notice, the City Council may, at its option, termi- nate this franchise and all privileges and rights herein granted to said Conpany. The notice herein mntioned shall be sufficient, if given to the Manager of Conpany in charge of its main office in the City of JA:Jbbock. Sre.l'ION 18. IJJJAT the City sball bave power at any t.iioo to require Conpany to rennve and abate at its own expense any installation or struc- ture that is dangerous to life or property, and in case the Company, after reasonable notice, fails or refuses to act, the City shall bave the power using reasonable means and methods to raoove or abate the sane at expense of the Company, all without c:onp;msation or liability for damages to the Conpany. SOCTION 19. IJJJAT if any provision, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unoon- stitutional, void or invalid (or for any reason unenforceable), the va- lidity of the remaining p.:>rtions of this Ordinance shall not be affected thereby, it being the intent of the City in adopting this Ordinance that no p.:>rtion thereof or provision or regulation contained herein shall be- cone inoperative or fail by reason of any unoonstitutionality or inva- lidity of any other p.:>rtion, provision, or regulation, and to this end, all provisions of this Ordinance are declared to be severable. SOCTION 20. IJJJAT 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 statenent signed in its name and behalf by an officer of the Conpany duly authorized by its Board of Directors in the following form: •The Honorable Mayor and the City Council of the City of Lubbock: Nl'S Coiimmications, Inc., for itself, its successors and as- signs, hereby accepts the attached Ordinance finally passed by the City Council of Lubbock, the day of ------- 19___, and agrees to be bound by all of its terms and provisions. Nl'S CQ4MUNICATIONS. nc. BY: ____________ _ President Date the ___ day of ___________ __.., 19 __ • • ibe full text of this Ordinance shall, after finally proposed to be passed by the City Council of the City of IAlbbcx:k, be p.lblished once each week for three (3) consecutive weeks in a newspaper of general cir- culation p:Jblished in the City of Lubbock, and the expense of such plb- lication shall be bome by the Conpany. Upon said publication being com- -8- pleted and the acceptance of this Ordinance by Cotrpany as herein pro- vided, this Ordinance shall take effect. thirty (30}:Jdays after its last publication, except as may be hereinabove otherwise provided. AND IT IS SO ORDERED. Passed by City Council on first reading this 28th day of August , 1986. _..._ __ _ Passed by City Council on second reading this 11th day of September 1986. ATTEST: APPROVED AS TO CONTENT: ' 1 11 ~~anfcity Manager for Financial Services I APPROVED AS TO FORM: II September 25, 1986 ~-!~ NT:5 COMMUNICATIONS 0 11 The Honorable Mayor and the City Council of the City of Lubbock: NTS Communications, Inc., for itself, its successors and assigns, hereby accepts the attached Ordinance finally passed by the City Council of Lubbock, the 11th day of September, 1986, and agrees to be bound by all of its terms and provisions. NTS Communications, Inc. By:~()& c;aeywallaCk President Date the 25th day of September, 1986. 11 PHONE (806) 762-4565 * 1220BROADWAY e SUITE608 * LUBBOCK, TEXAS 79401 THE STATE OF :rEXAS COUNTY OF LUBBOCK R-10 Before me G I end I Ra& co a Notary Public in and for Lubbock County, Texas on this day personally appeared Tw~ Ia Auft II • Account Manaater of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been pub•ished continuously for more than fifty-two weeks prior to the first -i~$~f8 of this _ __.(o..~P~f!=:.JBI:l..LI _NIJU.Lo ..... t..,.S ..... c.~:.e ________ _ -------------Ncl. at Lubbock County, Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was J:". 1·· :i·~~:~~~~~~\f,~~f~ Avalanche-Journalonthefollowingdate1i: SePtember j3• 20• jS rc 769 word& @ 82t = $630,58 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation ~ tllfNQ~ RASCO ' Notary Pubhe In A~cfFor The State Of Texas My Commi~~lon Exp1re~ Nov. 9, 1988 ' Subscribed and sworn to before me this 22ndday of ~.ePtember . 19~ FORM$8-10 at: Att "' 'fttl!! •· Cl'fY OF I.UIBOCK, TeXAS, WHICH A,.EA LS DESCRIBED HEReiN AND 1$ AQJ.I.A Cf;NT·TO AND ABUTS THE 6¥1STING CITY. LIMIT$ OF THE CITY OF, LUBBOCK, Tfl"XA$; PRO\'IOING FOR INCLUSION OF A .ERVICE PLAIIIJ,.P.RQVIDINQ.. F.QR COR·. RECTION OF THI' CITY AMP TO INti,.UDJi..t,HIS ADDitiONAL Tl' .. &lTORN 1 llltO'ltiDINC A SA\IIIIQI CJ;AU$~.1!'1t0VIDING AN U>lliSCli'IVIi OAT£: ANO PROVIOING I'(>R f'UIII.IC:A; TIO,.._,~ • . . . . ORDINAN¢5 NO. tNO Alii.OROIN.ANCE CIIIIC1!LL,ING THIS .35.. MPK SPEE:O ZON!';! ON 80tH SIDES OF UfH I'TIU!I!T · FROII\AVIH.tiJE QTO UNIVERSI- TY AY£NUt AND RISPLACIN<S SAME: WITH A PRIII\4 FA¢1C: . SP£1;1!1 I,..IMIT FOR Alii UAIIAN OISTltiC't's PRI!SCRI.81NG A PENAL TV s· PRQVI Dlff& FOR REPEAL IN CASE QF CON· FLICT; PROVIDING TH~T THI$ . ORDIN,t.NCE .SHALl. Be CUMU· ·LATIVE OF OTfiER·SPEED ZONE ORDINANCE$; AUTHo- RIZING PI.Act;MENT OF SIGNS;. P;RCMti!NO. A SAVINGS 4:AUS!i 4H'O PIIOV.U:l.IJIIG.OR>PUBLICA-TIOIIlftlfi:OF AS PROVIDED 4tYU..~-~--.