HomeMy WebLinkAboutOrdinance - 8980-1986 - Ordinance 8980 Granting Transamerica Telecommunicaitons Right To Business - 09/25/1986DGV:js
First Reading
September 25, 1986
Agenda Item #31
Second Reading
December 11~ 1986
Agenda Item #6
ORDINANCE NO. 8980 -------
AN ORDINANCE GRANTING TO TRANSAMERICA TELECOMMUNICATIONS,
INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE
CITY OF LUBBOCK, TEXAS, A TELEPHONE 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, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF
LUBBOCK, A SYSTEM OF POLES, ANCHORS; CABLES, WIRES, MANHOLES,
CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES NEC-
ESSARY OR PROPER FOR THE BUSINESS OF FURNISHING TELEPHONE SER-
VICES 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 TRANSAMERICA TELECOMMUNICATIONS,
INC., ITS SUCCESSORS AND ASSIGNS, THE AUTHORITY TO USE SUCH
FOR THE PURPOSE OF FURNISHING TELEPHONE SERVICES TO THE INHAB-
ITANTS OF THE CITY, OR ANY OTHER PERSON OR PERSONS, FIRMS OR I CORPORATIONS WITHIN THE CITY: PROVIDING THAT THIS FRANCHISE
SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS COMMENC-
ING UPON AND EXTENDING FROM THE EFFECTIVE DATE OF THIS ORDI-
NANCE 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 FA-
CILITIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS
AND OTHER PUBLIC PLACES OF CITY 1 AS WELL AS TO REQUIRE THE RE-
LOCATION OF SAME; PROVIDING FOR EFFICIENT 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 1 AND METHOD OF PAYMENT OF
SUCH, TO THE CITY FOR THE USE BY COMPANY OF THE STREETS, AL-
LEYS AND PUBLIC WAYS OF THE CITY; PROVIDING FOR THE MAINTAIN-
ING OF RECORDS BY COMPANY WITH RIGHT OF INSPECTION BY CITY RE-
SERVING TO CITY ALL POWERS OF REGULATION; PROHIBITING ASSIGN-
MENT EXCEPT BY CONSENT BY CITY EXCEPT IN CERTAIN CASES; GIVING
CITY'S CONSENT TO THE CUTTING AND TRIMMING BY COMPANY OF CON-
FLICTING TREES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
THAT THIS FRANCHISE SHALL NOT BE EXCLUSIVE: MAKING MISCELLA-
NEOUS PROVISIONS RELATIVE TO THIS GRANT OF FRANCHISE; PROVID-
ING FOR THE PUBLICATION OF THIS FRANCHISE ORDINANCE AND ITS
ACCEPTANCE BY COMPANY.
WHEREAS, Transamerica Telecommunications, Inc., doing
business at TTI, 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 franchise 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
Transamerica Telecommunications, Inc., a corporation incorpo-
rated under the laws of the State of Texas, hereinafter re-
ferred 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 ex-
ist or may hereafter be extended, and to which 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 pub-
lic rights-of-way of the City now or hereafter owned or con-
trolled by the City, a system of poles, wires, anchors, ca-
bles, manholes, conduits and other plant construction and
appurtenances necessary, 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 Com-
pany, 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 telephone service to the City and to
the inhabitants of the City or 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 publication of this Ordinance provided the
Company has accepted the same as set forth in Section 20
hereof, and once accepted by the Company, this franchise shall
continue in effect for a term of twenty (20) years from the
date of last publication aforementioned.
SECTION 3. THAT the Company, on written reasonable re-
quest of any responsible person, firm, corporation or govern-
mental 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
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moving of houses or other bulky structures. The expense of
such temporary relocation, 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 re-
quired 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 con-
structed by the Company in the operation of its telephone sys-
tem within the city shall be subject to the reasonable and
proper requlation, control and direction of the City, or the
City official to whom such duties have been or may be dele-
gated; all poles, wires and anchors shall be so set that they
will not cause diversion of surface waters in any qutter 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 requlation and control herein re-
served shall include, but not be limited to, the right of the
City to require the company, at the Company's expense, to re-
locate its poles, lines or conduits so as to permit the fol-
lowing activities 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.
d.
e.
the location or relocation of any water or sewer
lines within the City;
the changing of grade of any street, alley, curb or
sidewalk within the City; or
the construction and maintenance of parks and other
public improvements owned by the City and located
within the City.
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In all cases where the Company is required to relocate, change I the route of or reposition its poles, lines or conduits, the
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I City shall give at least thirty (30) days advance written no-
tice to the Company specifying the new location, route or po-ll sition of the poles, lines or conduits involved; provided,
\\ however, that the Company shall be entitled to be paid for its
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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 subdivision of ei-
ther, whether directly or indirectly' but nothing herein shall
impose any obligation on the City to pay such costs and ex-
penses 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 reimbursement or payment of
such expenses. The provisions of this Section shall not apply
to improvements made by the Company on private easements pur-
chased 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 re-
locating 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 necessaryr pro-
vided, 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 his designated representa-
tive, 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 least
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 representa-
tive.
SECTION 6. THAT if any of the facilities installed by
the Company hereunder shall be in any respect damaged or in-
jured by the City or any of its officers, agents, representa-
tives, 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
I. sustained by it, except where such damages are the result of
;I willful acts or active negligence (as opposed to passive neg-
~~ ligence) of the officers, agents, representatives or employees
:1 of the City, and said right is hereby waived; provided, how-
! ever, this Section shall not apply where such property is dam-
aged or injured as a proximate result of installing, main-
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taining or removing City's equipment upon or from the Com-
pany's poles as provided in Section 10 hereof.
SECTION 7. THAT the City, by the granting of this fran-
chise, does not surrender or to any extent lose, waive, im-
peril or lessen the lawful powers and rights now or here-
inafter vested in the City under the Constitution 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 regula-
tory power and rights as the same may be from time to time
vested in the City shall be in full force and effect and sub-
ject 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 construc-
tion, 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
provision hereof lawfully surrendering the City's authority,
or rules or regulations of the Public Utility Commission of
Texas.
SECTION s. THAT it shall be the Company's obligation
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 Com-
pany regarding cost, amount of usage, customer deposits, re-
turn on investment, access and other reasonable factors. The
Company shall not discriminate against any person, corpora-
tion, 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 indirectly
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 exclu-
sive rights or 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 conduc-
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tors, 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 conductors 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 allot-
ted 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 Com-
pany shall, as a part of same, provide free space for the in-
stallation by City of its traffic, police or fire alarm ca-
bles, 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 be-
tween each two manholes, such entry and exit channels leaving
the duct bank enclosure outside of, but near to, such man-
holes, and no 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 application 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 in-
stallation 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 installation. 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,
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
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cost, and if the City's requirements hereunder cause an addi-
tional cost or expense in enlarqinq, removinq, addinq to or
otherwise chanqinq 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 damaqes or claims of dam-
aqes to any person or persons arisinq from or qrowinq out of
the attachment of City's equipment, or arisinq from or qrowinq
out of the construction, operation or maintenance of such City
facilities. Th~ City further aqrees to indemnify and hold the
Company harmless from any and all damaqes or claims for dam-
aqes by reason of the construction, maintenance or operation
of the City's facilities 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 two percent (2%) of the annual qross receipts of Company
from its customers within the City served by poles, wires,
conduit or other plant construction or appurtenances of the
Company located on, over or within City streets, alleys and
other public riqhts-of-way. Said payments shall due and
payable monthly; the first payment to be due and payable on
the 15th day of the month followinq the effective date of this
franchise and on the 15th day of each month thereafter for the
remaininq life of this franchise, and each payment shall be
computed upon receipts by Company durinq the precedinq calen-
dar month. For the purposes of this Section only, the effec-
tive date of this franchise (for computation of qross receipts
payments), shall be December 12 , 198_p_, at 12:01 o'clock A.M.
Said monthly payments above provided shall be exclusive of and
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'.·.. in add! tion to ad valorem taxes
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• Any and all such payments I made by Company pursuant to th s Section shall be credited on
any amount imposed, levied or assessed aqainst Company by the
City of Lubbock, pursuant to ordinance or otherwise, at any
time as a charqe (whether desiqnated as rental, tax or other-
wise) for the use by Company or City's streets, alleys and
public ways.
SECTION 12. THAT the Company shall on the 1st day of
February of each year of the life of this franchise, startinq
February 1, 198_8 __ , file or cause to be filed, a statement,
certified by a duly qualified officer of Company, showinq the
qross receipts of the Company within the City of Lubbock (as
defined above) durinq the twelve (12) months endinq on the
31st day of December immediately precedinq •. For the purpose
of determininq the amount of the qross receipts of the Company
at all times durinq the continuance of the riqhts herein
qranted, the Company shall keep in its office at the disposal
of and open to inspection by any auditor authorized and ap-
pointed by City at all reasonable times, books of accounts and
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other records showinq a full, true, complete and accurate ac-
count of the qross 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 harmless from all claims, demands or causes of action
brouqht aqainst the City occasioned by or arisinq out of the
construction, reconstruction, maintenance, or repair of Com-
pany's telephone communication system or in any way qrowinq
out of the qrantinq of this franchise either directly or indi-
rectlyr provided, however, that the provisions of this Section
shall not be applicable to any claims, damaqes, actions or
causes of actions proximately resultinq from the use by City,
its officers, aqents, representatives or employees, of Com-
pany's poles and duct1ines 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 qrantinq this franchise it is under-
stood that the lawful power vested by law in the City to re-
quire all persons or corporations to discharqe the duties and
undertakinq for the performance of which this franchise was
made, is reserved; this qrant is made subject to all the
riqhts, powers and authorities either of requlation or other-
wise reserved to the City by its Charter or by the qeneral
laws of the State.
SECTION 15. THAT the riqhts, franchises and privileqes
hereby qranted shall not be transferred or assiqned 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; pro-
vided, however, the Company may mortqaqe or pledqe its riqhts
hereunder for security or obliqations owinq by the Company;
and provided further, that a transfer could be made in a
merqer, consolidation or reorqanization proceedinq to which
the Company is a party or to a subsidiary corporation or af-
filiate corporation of the Company or wherein the Company
sells its entire physical assets.
In the event of contemplated transfer of this franchise,
under the terms of this Section permittinq transfer without
consent of City Council, the Company shall notify the City of
Lubbock of the contemplated transfer by written notice deliv-
ered to the city Secretary not less than sixty (60) days prior
to accomplishment of any merqer, consolidation or reorqaniza-
!,~,.1 tion proceedinq or transfer of its entire physical assets; and
will provide the City Council an opportunity to confer with !I the proposed transferee concerninq proper acceptance of the il terms of this franchise.
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Prior to exercisinq any riqhts hereunder, any purchaser
or transferee of Company shall file with the City Manaqer a
written acceptance of this franchise settinq forth an aqree-
ment to be bound by all terms and provisions hereof.
SECTION 16. THAT to the extent that the City has author-
ity to do so, it qives to company, durinq the life of this
franchise, the riqht, license, privileqe and permission to
trim trees upon and overhanqinq the streets, alleys, sidewalks
and public places of City, so as to prevent the branches of
such trees from cominq in contact with the wires or other
equipment of the Company. The company aqrees that it will
fully protect and indemnify City from any and all claims, de-
mands, actions, causes of actions, damaqes and expenses aris-
inq because of such trimminq by the Company under the provi-
sions of this Section.
SECTION 17. THAT the franchise riqhts and privileqes
hereinabove qranted to the Company, its successors and assiqns
are and shall be at all times, durinq the term and life of
this franchise, continqent upon the faithful and punctual per-
formance of and compliance with all acts, requirements and
provisions of this Ordinance, and any amendment hereof, by the
company, its officers, aqents 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 sinqular the acts, requirements and provi-
sions of this Ordinance, or any amendment, within sixty (60)
days from receipt of written notice from the City Manaqer act-
inq by Order of the City Council settinq forth in detail the
facts constitutinq default of the Company and what is required
to cure such default; and upon continued failure of the Com-
pany to keep, perform, comply with and abide by such acts, re-
quirements and provisions of this Ordinance or any amendment
or failure to cure the default set forth in such written no-
tice, the City council may, at its option, terminate this
franchise and all privileqes and riqhts herein qranted to said
Company. The notice herein mentioned shall be sufficient, if
qiven to the Manaqer of Company in charqe of its main office
in the City of Lubbock.
SECTION 18. THAT the City shall have power at any time
to require Company to remove and abate at its own expense any
installation or structure that is danqerous to life or prop-
erty, and in case the Company, after reasonable notice, fails
or refuses to act, the City shall have the power usinq reason-
able means and methods to remove or abate the same at expense
of the Company, all without compensation or liability for dam-
aqes to the Company.
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SECTION 19. THAT if any provision, section, subsection,
sentence, clause or phrase of this Ordinance is, for any rea-
son, held to be unconstitutional, void or invalid (or for any
reason unenforceable), the validity of the remaininq portions
of this Ordinance shall not be affected thereby, it beinq the
intent of the City in adoptinq this Ordinance that no portion
thereof or provision or requlation contained herein shall be-
come inoperative or fail by reason of any unconstitutionality
or invalidity of any other portion, provision, or requlation,
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 passaqe of this Ordinance by the
City Council of the City of Lubbock, file with the City Secre-
tary of Lubbock, a written statement siqned in its name and
behalf by an officer of the Company duly authorized by its
Board of Directors in the followinq form:
"The Honorable Mayor and the City Council of the City of
Lubbock:
Transamerica Telecommunications, Inc., for itself,
its successors and assiqns, hereby accepts the attached
Ordinance finally passed by the City Council of Lubbock,
the day of , 19 , and aqrees
to be bound by all of its terms and proviSIOns.
TRANSAMERICA TELECOMMUNICATIONS. INC.
BY: ~Pr--e-s~i~d-e-n~t-------------------------
Date the ___ day of------------' 19_."
The full text of this Ordinance shall, after finally pro-
posed 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 qeneral circulation published in the City of
Lubbock, and the expense of such publication shall be borne by
the Company. Upon said publication beinq completed and the
acceptance of this Ordinance by Company as herein provided,
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this Ordinance shall take effect thirty (30) days after its
last publication, except as may be hereinabove otherwise pro-
vided.
AND IT IS SO ORDERED.
Passed by City Council on first readinq this 25th
September , 1986. =p-a.....:s:.:se::.cd;.,;.=;b;.::y~c~l~t-y___,c,....o-un-c..,..ll on second readinq this 11th
--~D:.:e~c~e~mb:.:e~r _______ , 1986.
a:c. McMINN, MAYoR
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
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day of
day of
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me .lane Roark a Notary Public in and for Lubbock County, Texas on this day
personally appeared Tw1 I a Auf ill • Account Maneeer 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 published continuously for more
than fifty-two weeks prior to the first insertion of this LeE!al Notice
------...-~-=-~--=-~-No. 756444 at Lubbock County. Texas and the attached print-
ed copy of the LeI! a I Not 1 c e is a true copy of the origina I and was P-rinted in the Lubbock
Avalanche-Journalonthefollowingdates: October 31t November 4, 11, 1986
3599 word$ @ 1.23 = $4,426.11
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
a~~
jl . JANE ROARK ~mTARYPUBLIC ·in and ~OfT,!'~ S~!1\~6exa%
· My' commission Exp~res V'-• •
11th .Ro vembe r . ,-86 Subscribed and sworn to before me this day of . 19_. __
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MOVE IN. UNDER. Uf'ON, WlTH-ltl•n -.,._. h ComNfty 1$ IN. OVER. ABOVE, ACROSS AND ncauiNd 10 "'loeate, Cllll"" h ALON(ht.HY AND ALL OF TNE roule at Ill' ... HIIfiOft lt1. IIOIH.
PIIIII!SINT AND FUTURe PUa. IIMI Ill' COI!odulll, 11M! CIIY IINIII '-IC ROA-DS, MI$NWAYS, •lvoe •t ...... INI'IY.Call _.,..-.
$TREET$o UNES &NO ALLeYS •-wntiM Mtkllt to lht c..r--OF THE CITY OF '-U&SOC:IC. A IIY apec:lfYIIIII 1M -locetloft. SYSTEM lW POLE$. AMCMORS. ,_... Ill' IIIOIItloft .. lht IIOies. IIMs .
CAlLES. .WIRES, MANHOLES, Of' amlllltl 111¥01..,..; ,...,lde4.
CONDUil$;. AND OTNER PUNT ._..,.,., lllat h c:-NIIP tl'lll1
CONSTRUCTION AND APPUR• be nltled to 1111 Nld tor Nl eMf TENANets NECESSARY OR •1'14 IICNntel .. IRY "'toc;atlon,
PROPER FOR THE aUSINiiSS raltiN W ~ af Nl wl-IS OF FUIUUSNING TELEPHONE NOIUW. _, h City, .-111 to
SERVIC.f.S INTO, IN, Wll'NIN, lt\11 Section or Slctlon 3. OIIIY If
FROM. ACROSS. ANO TNROUGH IUCIII -er ash .,. "'""' · THE ClTY Of' '-UaiOC.IC, AS lll.nallle« -elite to 1M CGrfiN< NOW ElUSTING, OR AS SAID 11Y W h CitY tw 1M St•M ef TIIC•
CITY '-111111TS MAY HEREAFTER es. h ~ $1 .... w--8E eXTENDED, AND GRANT• .--tel atltii'-Y«Pidlvllloll ..
I NG t ll AN SAME RICA TEUi • .-llher, Wlleltler 4llt'ldl~ •I..Sirect-COMMUNICATIONS, INC. ITS IYIIIIUtllllltoiMtlenllftllleii"'-SUCC:EI.lOilS ANO ASSIGNS, •IIY llllltellell • 1M CitY to N~ THE AUTHORITY TO USE SUCN tuell ~ .... -_ ....
FOR 'PtE. PURPOSE OF FUR· tile oatont It actually riUhlft
NISMING 'fELl! PHONE SER• fuMs from flle Sliiill el Taos.
VICES TO l'NE INMA&IT ANTS United St•fll er '-"~ IIIMimmenf•l
OF TN£ CITY, Oil ANY Ol'NER MeN:Y«II/tldlvfsloll .. tftller,tw
PERSON OR PEitSONS. FIRMS thll "'lml!luniHNftt « Nyment ef
OR C:OilPOilATIONS WITHIN tue11-. Tile ~,.,_ af
THE CITY! PROVIOIIIIG THAT tllll SlctlolllllaR IIIII aNI¥ to fm.
l'NIS FRANCHISE SHAL'-&E EF• -•WI'IIInll INdt tw 1M <*nMII'I' FECTIYE FOR A PERIOD OP enllriVatl.....,..,..~ll'l'
TWENTY 1201 YEARS COM· thllc-..nYllll4~111f1orto MENCING UPON AND EXTEHD--4ed'k:lltlaft Of a l!h"'ef, eltw or lNG FROM THE EFF£CTIYE otlloer tlubllc wu. Ill IIIII taftef
OATE CF THIS ORDINANCE AF-twnf, 1M ComNnY tllallllll J'llm-
TI!R FINAL PASSAGE HEREOF I liounedlts-ltW_of,._
PROVIDING FOR THE TI!MPG-ICIUIIMflldllllet. . -
RARY REMOVAL. RAISING OR SECTIONS. THAT NIt iiiKOfMS '-OWIERING .y COMPANY OF _ _, Ill lllmllllllllf lelePI'IOM
ITS WIRES AND Ol'NER APPUR• comlftUI'IIatlonl a contelftlllat«f
TENANCIES! PROVIDING I'OR under tills lrOIICIIIHo t!Ht City
THE RIGHT to, AND CONOI• trallls to 1M ComoiiiiY 1M rlt'llt
TION OF, TNE OPENING OF MISIIII"i¥1'-lvi.UIIO~
PAVEMENTS AND SIDEWALKS MIS lldewiiilkl. N lftY, ln .. -IY COMPANY I RETAINING ALL Mldatretts.•ttcn.MISIII!JhwoYIIII
RIGHTSOFCITYl'OitEGULATE lotkiC:IIYtorthll-.r~lnll TloiE. LOCATION CF COMPANY'S tuell-111111 lnd IMMIIetloll.a f'ACILITIES IN, IJPON, ALONG. mev Ill -=-t'YI fl'!ll'lklld, llaw-UNDEit ANO OVER THE tvet',tl\atiMComllenYIIIaiiMf. STR&I!TS. ALI.EYS ANDOTNER tau 111> or_.,.,. lilY ....,._m PU&LIC PLACES OF CITY, AS el-ttn. wltlloUt llrlt securiM WILL AS TO REQUIRI THE tiW wrltteft Nnlllsslaft tf 1M CIIY
RE'-OCATION OF SAMEs PRO. ~or Ills llts'-lld-VI DING FOil EFFICIENT tiLE· ""t•tlve. wllldl Ntmlulon will PHONE SERVICE AND THE 110t111--"'Ywlll'lllei41PII MAINTAINING OF COMPANY'S -""4 IUrtller, thn Ill uceve-FACILITIESI PROVIDING FOR tl01'11 and llllleii•IIOI'II 10 lfllde
TME USE IY C';ITY POll THE lllallbeNI'tarmldllltueii-PURPO$£$ $1'&CIFIEO OF a Will ceVM lhl leut reaMN!ble f'OI.es AND CONDUITS OF COM-ifKOII'Nftle._ 10 tiW lllltlllc. •roeS
PANYJPROVIDINGCOMPflNSA-thll c-ny *"'" -'IY-TION, AND METHOD 01". PAY· llanl«-II be .... llr1ld to II MENT CF·sucH, 1'0 THE CITY toad candltloll II lllrhn --'tlllll
FOR THI;: USi av COMPANY OF 1l'leNGft •II tudl --""' llldr TNI;! STREC:TII, ALLE'I'S AND w•IU. _...... olleYiorlllllhwiYI PU&LIC WA'I'S QF THE CITY I ~ W II to 1M .... !lo!INble PROVIDING FOil TME MAINo utllfldlonlflhiCIIY..,_..._.
TAININ<SOF R'ICOIIO$ aY COM-Ills ......... -'-'IVO. I'ANY WITH RIGMT OF IN$PEC. SCCTION 6. TNAT If any ef tile
TION IV CITY RESERVING TCI fiiCIIIttllll!st•ll<ld ttY lhl CAmNIIY
CITY ALL POWERS OF REGULA-llllnllllldlr theft .. 1ft ...., ...-Cf
TIONI PROHI&ITING ASSIGN-cla!'M110d W llllund W 1M Cit¥ er
MljiNT excr;:PT a Y CONS(f:NT ei!Y of Ill lfflelln. """"" ,.._ BY CITY EXCEPT IN CERTAIN Hlllatlves. or emplo-. In -CASE$1 GIYIN$ CITY'S CON· nectlolt wlltl tile Nrfenl'll-ef SENT TO THE CUTTING AND ...., _. er -Irs the! fQY Ill
TRIMMING IY, COMPANY OF IIane-tile .......... ...,._. el•
CONFI,.ICTING TREES I PROYIO. leYIIIIId .. lilt' ~lc -'-ef !hit
lNG I. SliVERAiliLITY CLAUSE I Cltv o1 Lui>IIOCk. tile ComNIIY
PROVIDING THAT THIS PllAN-ttwiiiiiiDf lie 111111..,_ to III"'OIICU'tt« CHISE SHALL NOT ae l;lii:CLU. . .... ...... e Claim ... lllst ltle City
SIYE1 MAKING MISCELLA• ofLIIIIIIoclefOr-tuell41.t-er
NEOU$ PROVISION$ REI.ATIVE lftiUI'Y to avstelfted 11'1' II, .. cesot
TO THIS GRANT OF FRAN• Wlletetueii1141"'""-1Mf'IIUII
CHISE: PROVIDING f'OR THE .r Wlllflllll;fser ec:tlvll Mllllgeftce
PU&LICATION OF .THIS FRAN· (U ~to NUIVe ""lllleftCe)
CHISi OROINANCII! ANO ITS AC• .r tiW oflket'l. ""'ts. __.,...,
CEII'TANCI!IYc;c>MPANY. ""'".~ ..... City,...,
WHEilf;:Q. Tt~ Tel• Mid rlttll Ia llll'IIW weiveltl -~ ..... Inc., 11011111 llu$l-' ,ldrecl, flowner, this Slctklll lllall _ .. m.IIU _..., lhlt 1M IIIII -'Y wlleR eudl ~Is
CitY Councllflltle CitY .. ~ ~orllllundae -ll'llo1lte
Teu.s. wr..., It • fi'IIIICIIIM tv -ntJUit of 11111•11""-IMIIItldlllll!l or
City str .. t•· •tten •ft4.olller ~CIIY'tilllll'-'.,__.
rlli!IIHI="'tl' l~t ltle conduc:t af Ita ,_ ltle Cam~alllles es -comlftUIIIcatlonl Ml-al tills vldreclltiSeetlolltelleNof. tl-. enci.Q •-11111111 Ill ltle CIIY SC:¢TION 7. TNAT tile CIIY,..., Couftell #llll ltle lu\JIIIIq .. tuell ""' ........... of this friiiiCIIIse. Gee~ lrei'ICIIIII.U:tueclleftt and wise, lllll~«toiii\Y....,.IOSit•
llftCI will .. !If III!Mflt to 1111:111\ tho ••'""' .......,.II or leUIIII h.......,. ~ Ud tt1e CIIY .. I,.Iillbbodll _,.lind....,..-.,.......,..
HOW TMEREI'OREI ler vested Ill h City Vft4<tr '"' Constltvtloll allll atatlllft of 1M St ... Of Teaa Ud unter !hit eN,..
lef' of 1M CIIY Ill_, ....... co-P8RYI Ud c:-Yo W lit ec:cept,
&nee of tills fl'fftCIII~~e, lind IUbl4lct
""'M e:/1! 17 OltO.tiMED BV l'NE CITY
COUNCR.i/JF TM!i: CITY OF 1.U6·
flOCK:
totlle-ISIOIISoftllePWIIC Ulllt.
ty Rewltfllt'Y AdofT-S.&111"81n
"'•' •II suell l•wtul neulator¥
-llftCI rlaltta •• tile .. ..,.. _., lle-ti-10-Vfttldln-CIIY IINIIIIIIIIIIIUII torQr Ud tl'fecl .,.,. IUbled to trw _ ... tttereot
11Y 1t1e City al ""' II-lllld frllm ttmetollme.
Notwltllslandl"' 111V11111111 -
tal..ed '" tl\lo Onll...,_ to tiW cooo-
-,,_, ••d ••r••s to 11e
IICund w .u .. "' .-lllld ~· TIIANS.UAl!RICir. tt~CCM
MUNICATIONS. INC.
1¥·
SECTION L THAT It 111\all lie IN
ComNIIV'I Gbllot""' llereunder Ia funllllt-"lcMII teleohane-lllcllllalt urvla Ia the IIUbllc ..... retw ldledule Willi ultl ~ Ia "'""···~l"ds ., "" ltod\lslrf fOr ltte-.~-~~-.,.., etklllllol ~ "' the """" Clll,. eree lllel '"-"' terVIce, SUIIIta te lewlul llllllcla. latltt$ elld rvtes of c:-trl tWardlfte cost._,,.-·--tlfMalts. retvnl On hMist-. ec-cess elld otllef' re-.ble tectOno
Tile ComNIIY 111en Nit dlscrlml·
nete __,MI MY ll8nCifto --.. tlon, firm, fW .. IOCietiOII Ill tl>e c:Mrve lar IUCil leletlhone _,....
lllcllllon amtlce .. Ill the terVkft re11dered u11der lllle circum• IIMCes. Tile ComNIIY IMIIIIOI dl· redlY or Indirectly lf'INII ...., dl• · · COUIII or rebete, er tlve llllnvs ef velw Ill drc-..t....., ePPticetlle rete ICIIedule.
SECTION t. TMAT -lilt -teiMd Ill IIIII Onll-p!ell 1M coni~ .. COIIfeiTIIIf -tile ComNny • .,., ••eluSive rltllls .,
llthrl'-s ef...., """'" """''-ar.
R-56
THE STATE OF TEXAS
COUNTY OF LljBBOC~ k
Before me ane oar a Notary Public in and for Lubbock Countv. Texas on this day
personally appeared Twite Aufill' Account Manal!er of the S~uthwestern 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 published continuously for more
than fifty-two weeks prior to the first insertion of this __ ....:L=e.;;;l!..;;;8;...;I___:N..:....:..o..;;t..;;;i;,..:c=-e=------------
-------....--..,..-.-""""T,...,...,,....,.....,...., No. 756566 at Lubbock County. Texas and the attached print-
ed cop~· of the LeI! 8 I N ° tic e is a true copy of the original and was printed in the Lubbock
Avalanchc-.Journalonthefollowingdates: December 13• 20• 1986
490 words ~ 82t = $401.80
Account MBnlll!er 9W1J-~·
JANE ROAR~{
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
NOTARY PUBLIC 1in and for The !>tate of Te-Xai
My Commit;sion Expirelt Oct 24, 1990
· Subscribe!
FORM58-10
LEGAL
AM ORO:-
-e this Z.2n d day of
. TO T TI!U!CQ/!A, MUNI.CATION$, INC~ THE .fliGHT• PRIVILEGE AND FRAN· CHISE TO CONDUCT WITHIN
December .. 19~
THE·CITY OF LUIIIIOCK, TEl<· 'THE'llsE··ev·.c.ITY J'OR .THE·. A$, A TELEPHONE COMMUNI· PURPOSES SPECIFIED .OF. CATION$ BUSINESS AND TO EN· .· POLES AND CONDUITS OF COM· ·TER UP.oN·, £RECT,.CON• iPANYIPRO\IIDINGCOMPENSA· ITiftJC'f, MAINi'Aift, EXTEND, ; TION, AND METHOD OF PAY· REPAIR, REPt.ACI! AND Rl!· MEI'IT 01' SU«;H. TO THE CITY MOVE IN. UNDER, UPON, WiTH· . FOR THE US!! BY COMPANY OF
IN. <MilA. ABCiVI!.ACR:OSS AND THE S'I'AEI!tS.. AI.LEYI AND
AI.ON.G t.I!IY AltO ·AI,!. Of THii 1-----------1 PUIIJ.IC WAYS OF THE CITY; --------------~ PRftl!ttt'l' A.RD FUTURE PUB· PROVIDING FO.R .THII! MAIN· -
I.IC R~ADS; H tG H'WA.YI; TAININGOF RI!COROSBYQOM-
.STRhTS, LANES AHQ ALI.EYS PIU'h' WITH RIGHT OF INSPEC· I ·OF THB;(I"''Y Ofl'·t.UBBOI!k, A TIQN BY CITY li!EIIiiRVING TO
SYSTEM OF POLES,·ANCHORS, CITV:ALLPO'WERSOFAEGULA·
'CABLES. WIRES, MANHOLES, . TION; PROH'IBITING ASSIGN·
•·CONDUITS, AND OTHER PLANT ME!tT E~CI!pT. BY CONSENT
CONSTitUCT.IQN.AND·APPUR· BY CITY EXCEPT IN CERTAIN
TENANCES .NECESSARY OR CASES: GIVING CITY'S CON·
"PROPER FOR THE BUSINESS iSENT TO THE CUTTING ,AND
70F'FURNISHING TELEPHONE [:TRfMMING BY COMPANY OF
.. SERVI~E6 .INTO;· IN,. WITHIN, : CONFLICTING TREES; PROVID-
, FROM, ACROSS, ANO THROUGH ~ lNG A SEVERABILITY CLAUSE; •
' THE C:fTV. OF LUBBOCK, AS: ~·PROVIDING THAT THIS FRAN·
,·.:, CIN~I.E.'~I1!!1MANGY,.HO!l,..~~FSTA.EIRD, jCHISE SHALL NOT·BE EXCLU•
r
• • ,.., '" ,.,.,.." lSIVEI MAKING MISCELLA· liE litXTENOED, AJ\ID. GRANT·'· ;NEOUS PROVISI.ONS RELATIVE
lNG 'rRANSAMERICA TELE• j'TO THrS GRANT OF FRAN· .
COII/I.MUNtCAl'.IO. N. S, ~NC ..•. ITS.·: ;cHISE; PROVIDING FOR THE ·1 SUCCESSORS AND A$$1GN5,, •. PUBLICATION OF THis FRAN·
THE AUTHORITY TO USE SUCH ~CHISE ORDINANCE AND ITSAC·
FOR 'r.HE PURPOSE OF FU.R· ~ .. C.EPTANCE8YCOMPANY. NISH'ING TELEPHONIO SER· 1 . . ORDINANCE NO.I989
·, ~~ci~ET-g;~~~~Nr:~'Jt~: tc~~~:f~~1.N~Eo~~~cr~:.
'PERSON OR PERSONS, FIRMS. SOCK CIT'( CODE. 8Y ADDING
:OR CORPORATIONs 'WITMIN *AN ARTICLE til ENTITLED
THE CITY;: PROVIDING THAT '"DISEASED TREES", WHICH
THIS FRANCHISE SHALL BEEF· ~E FINES ·C:E RTAI N N U I· FECTIVE FOR' A PERIOD'Ol'' NCISSrPROVIOESNOTICEOF
TWENTY UO) YEARS COM• ,AB'ATEMENT 'AND APPEAL
MENCING UPON ANI) EXTEND-· IF ROM 50CH NOTICE AND
lNG FROM THE f:FFECTIVE f.GIVES THE PARKS AND REC· · ~i!j,?tfAI"~!W.gt~~~~;; · ~~~~~~c':t0!=~/A't~~~RTg
PROVIOING.FOR THE TEMPO-J!IDES FOR THE'CITY TO' I
RARY.REMOVAL;·RAISING OR .-,&ATE tuc•H4U)SAt4CE -AND<
LOWERING .BY COMPAN·Y OF lASSES$ THE, COST$ TO THE ITS WIRES AND OTHER APPUR· 'PROPERTY .OWNER; PRCNID-
. TENANCES; PROVIDING FOR [I. lNG A. PEN. AL TY. ; PRO.VIOING A THE RIGHT TO, AND CONOI· AVlNGSCLAUsEANOPRQVID· · TION QF, THE OPENING OF NGFORP,II&I.:ICATION. ·.· • PAVEMENTS ANO SIDEWALKS .. ORDINANCE NO. 1m '
I!IY COMPANY: RE'JAINiNG ALL AN :ORDINANCE CANtELING
RIGHTSOFCITYTQRIOGI.ILATE · UTHORITY AND APPROVAL
THE LOCATION OF COMPANY'S !OR A TRAFFIC SIGNAL AT
FACILITIES IN, UPON. ALONG, Nl) $TRI:Ol!''f AJ\10. UIIIIVERSI.
UNDER AND OVER THE Y AVENUE ,AND AUTNORIZ· .. STREETS, ALLEYS AND OTHE;R . NG THE lle!MOVAL OF •SAID PUI!ILIC PLACES OF CITY.~ . !tRAFFIC: SIGNAL AS Alii OPER· WELL AS TG REQUIIii.E THE JilTIVETRAFFICSIGHAL..
RE!,.OCII;I'ION Of SAME; PRQ. !R·a,: . '
VtQING Fcm EFFtC:IEN1' TEI.E•
PHONE SERVICE AND THE.
MAINTAINING OF COMPANY'S
. !"~C:ILI_TI\=S:c !",R~VIDING PO~~