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.
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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