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0111 ORDINANCE N0. 111 AN ORDINANCE GRANTING TO THE SOUTHWESTERN STATES TELEPHONE COMPANY, ITS SUCCESSORS, OR ASSIGNS, A FRANCHISE TO USE THE STREETS, AVENUES, ALLEYS AND OTHER PUBLIC PLACES OF THE TOWN OF SOUTHLAKE, TARRANT COUNTY, TEXAS, FOR A PERIOD OF 25 YEARS WITH THE RIGHTS, PRIVILEGES, AND AUTHORITY TO CONSTRUCT, OPERATE, AND MAINTAIN ITS TELEPHONE LINES ALONG,, UNDER AND OVER STREETS, ALLEYS, AND PUBLIC WAYS, PROVIDE FOR REMOVAL, ESTABLISH CLASS OF SERVICE EXPECTED, REQUIRE FILING AND APPROVAL OF FEES AND RATES, PROVIDE FOR CANCELLATION, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHLAKE, TEXAS: 1. THAT The Southwestern States Telephone Company, its successors or assigns, shall be and is hereby granted the right in the Town of Southlake, Tarrant County, Texas, to conduct a business of furnishing telephone service and any business incident thereto and to install, maintain, and operate a telephone system, to maintain all construction consisting of poles, wires, cables, and other fixtures and such other telephone apparatus of whatever nature necessary for the furnishing of telephone service on, along, across, over, and under all of the streets, avenues, alleys, and other public places of said city for the purpose of conducting such business. 2. THE term of this franchise shall be for a period of 25 years, dating from the date of its passage by the Town Council. 3. THAT the poles, wires, cables, and underground conduits, and other apparatus used by The Southwestern States Telephone Company, its successors or assigns, shall in the conduct of its business, be so placed and maintained at all times as not to interfere with the travel on or use of said streets, alleys, and public places of said Town, and The Southwestern States Telephone Company, its successors and assigns, agrees also to hold said Town of Southlake, Tarrant County, Texas, free and harmless of any and all damages arising from any abuse or negligence of said grant in this regard. If it becomes necessary to move any poles, wires, underground conduits, in the streets,, alleys, or easements in the Town of Southlake which may be in the way of future public improvement, no charge will be made against the Town of Southlake for said removal or relocation. The Telephone Company shall be responsible for the maintenance of all work which they install in the operation of their business and shall keep any ditches, paving, sidewalks, etc., in repair, which is a result of their construction, and forthwith put area of repair in as good a condition as before work began. 4-. THAT The Southwestern States Telephone Company., its successors or assigns, shall at all times, after the granting of this ordinance, keep and maintain its plant in first class condi- tion, act of God, the public enemy, strikes, and other unavoidable accidents excepted, and shall furnish and render service to all individuals, firms, or corporations within the corporate limits of the Town of Southlake, Tarrant County, Texas, in accordance with the reasonable rules and regulations which may be established by the Town Council of the Town of Southlake, and in compliance with the laws of the State of Texas. The Telephone service rendered in the Town of Southlake shall be kept in a class comparable with other towns of a comparable population in Tarrant County. 5. IT is understood and agreed that all of the facilities of The Southwestern States Telephone Company devoted to and used and useful in rendering local exchange telephone service in the Town of Southlake and the extended area telephone service between the Southlake and Grapevine Exchanges shall be considered as a part of the property of The Southwestern States Telephone Company devoted to furnishing local exchange telephone service in the Town of Southlake, Texas, irrespective of the location thereof. 6. ALL rates to be charged for services must be submitted to the Town Council and approved prior to the effective date they are to be established as a charge to a telephone customer. All fees to be charged for various additional service must also be submitted to the Town Council for approval. -2- 7.. THE Southwestern States Telephone Company agrees that it will, effective the 1 day of August, 1958, pay quarterly to the said Town of Southlake, an amount equivalent to two per cent (2%) of its gross revenue derived from its exchange station service rendered within the said Town of Southlake, such quarterly installments to be paid within thirty (30) days following the expiration of the quarter for which same are payable. In con- sideration of such payments the said Town agrees that the compensation so received by it shall be paid and received in lieu of any tax, license, charge, fee, exchange service, street or alley rental, or other charge of any kind or character for use and occupancy of the streets, alleys and public places of the Town, or the privilege of doing business therein, other than the usual general or special ad valorem taxes now or hereafter levied. 8. THIS tax will be effective April 1, 1958, and shall be due and payable quarterly in arrears. 9. THE right herein granted shall be subject to all existing police ordinances of the Town of Southlake, Texas, not inconsistent herewith, as well as all other ordinances hereafter passed not inconsistent herewith. 10. IF any section of this ordinance is for any reason held to be illegal or unconstitutional, such invalidity shall not affect the validity of the remaining provisions of this ordinance. All ordinances and parts of ordinances in conflict herewith are hereby specifically repealed. 11. THE Town Council of the Town of Southlake hereby reserves the right to cancel this franchise at any time if The Southwestern States Telephone Company fails or refuses to.comply, or becomes negligent in their compliance with any provision set forth in this franchise. The Town, however, shall not be entitled to exercise this right of cancellation until after it has given the Telephone CbmDany 90 days' written notice with respect to the manner in which the Telephone Company is not complying with the provisions of said franchise, and the Telephone Company fails and refuses to correct said matter within said 90-.day period. ~,3ti 1 12. THE Southwestern States Telephone Company agrees to file with the Clerk of the Town of Southlake, Texas, its written acceptance of this Franchise-Ordinance within thirty days after its approval. 13. THIS Franchise is not an exclusive franchise, and the Town Council reserved the right to grant additio;ial franchises for the same type of service if it is to the advantage of the Town of Southlake. PASSED AND APPROVED by the Town Council of the Town of Southlake, Tarrant County, Texas, this 2ClX day of March A. D. 1958. APPROVED: MAYOR ATTEST : TOWN SECRETARY