1958-03-20
MINUTES - SPECIAL MEETING - MkIICH 20 1958
TOWN COUNCIL, TOWIN 017 SOUIHLAXE, TE::IS
Pursuant to the call of the mayor and the telephone committee and
to notice given to all members of the Council stating time, place
and purpose of the meeting, a special meeting of the Town Council,
Southlake, Texas- was held Thttr_sday evening March 20, 1958 at
Carroll Hill School. The following members were present Constituting
a quorum:
Mayor. Hon. A. Gail Eubanks.
Councilmen: J. J. Carlile
W.- C Cummings
C. M. Gordon
J. E'.. Quinn
Also present were Mr. Allen and Mr. Esslinger of the telephone com-
pany and Mr. Lyford of the telephone committee.
The mayor read the resignation of Ken Andersen as Marshal. He then
suggested that it would be desirable henceforth-to have the Marshal's.
job appointive rather than elective. After discussion by the Council,
John Quinn made a motion the the Marshal's job be made appointive
by the mayor with the approval of the Council. The motion was
seconded by Wade Cummings and passed unanimously.
Discussion was held concerning the telephone franchise and rate
ordnances. Minor changes were made such as changing the word"survey"
to"estimate" in the franchise. Mr. Lyford of the telephone committee
made the point that the franchise was not too "ironclad" but re-
commended for the telephone committe that the ordnances be turned
over to the Council for adoption. C. M.. Gordon made a motion to
adopt the franchise ordnance and attached agreement (Ordnance # 111).
John Quinn seconded the motion and the Council approved it unanimously.
The Telephone Cor.uAtte also recommended approval of the Rate Ord-
nance, Ordnance 112. J. J. Carlile made a motion that it be adopted.
John Quinn seconded the motion and the ordnance was unanimously
approved by the Council.
No further business coming before the Council, the meeting was ad-
journed.
Respectfully Submitted,
"'D
D. A. Perry, To ecretary
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A. ail. Eubanks., 7ayor
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AN%
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ORDINANCE NO, 111
AN ORDINANCE GRANTING TO THE SOUTHWISTERN
STATES T"PHONE COMPANY, ITS SUCCESSORS, OR
ASSIGNS, A FRANCHISE TO USE THE STREETS,
AVENUES, ALLEYS AND OTHER PUBLIC PLACES OF
THE TOWN OF SOUTHL.AKE, TARRANT COUNTY, TEXAS,
FOR A PERIOD OF 25 YEARS WITH THE RIGHTS,
PRIVILIG2S, AND AUTHORITY TO CONSTRUCT, OPERATE,
AND XAINTAIN ITS TELEPHONE LINES ALONG, UNDER
AND AYES 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.
T)£XASBE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHLAKE,
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THAT The Southwestern States Telephone Company, its successors
or assigns, shall be and is hereby granted the right in the Town
of Southlaki' Tarirant 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, sables, and other
fixtures and such other.t•lephone apparatus of whatever nature
necessary for the furnishing of telephone service on, along, across,
over; and under ail of the street*, avenues, alloys, and other
public places of said city for the purpose of conducting such
business.
2.
THE term of this franchise shall be for a petiod of 25 yswrs,
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 ail 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
r successors and assigns, agrees also to hold said Town of Southlake,
ft.) Tarrant County, Texas, free and harmless of any and all damages
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arising from any abuso.or negligence of sold grant in this regard.
If it becomes necessary to more 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 bey responsible
for the me.intenaneae of all work which they install in the operation P
of ; their business and shall keep any ditches, paving, sidewalks, Wb
ate.:,,: ',.in repa-ir, which is,* s result of 'their conetr4dtion. and
fbrthrith put area or repair in as good'a' condition as before work Obegan.
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 Bondi- m,
tion, act of sod, 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 way be established
661by the Town Council of the Town of Southlake, and in compliance wi
the tars of the state of Texas. The Telephone service rendered in w
the Town of Southlake shall be kept in a class comparable with
other towns of a comparable population in Tarrant County. ~
IT is understood and agreed that all of the facilities of !
The Southwestern State* Telephone Company devoted to and used and
useful in rendering local exchange tolophone service in the Town
of Sewthloke and the extended area telephone service between the OP
Southlake and Grapevino Exahangoe shall be considered as a part
of thp.property of The Southwestern States Telephone Company
44ovated to furnishing local exchange telephone sorrice in the Town or
of Southlake, Texas, irrespective of the iodation thereof,
6.
ALL dates to be charged for services must be submitted to
the Town Council and approved priory to the effective date they ~
are to be established as- a charge to a telophowec customer.
All fees` to be charged for various additional service must also
be submitted to the Town Counoll for approvel.
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THE Southwestern States Telephone Company ogrees that it
will, effective the 1 flay of August, 1938, pair q *rttrly to the
said Town of Southlaice <on amount equivalent to two per` oent
(2%) off' its .grows rovosus deri**d from its exchange station
sorvioO rendered within the gold Town of Seuthlaice, suoh quarterly
installments - to be paid within, thirty (30)days following the
expl,re.tign of the -,quarter for , which s4wo =are payable, In con-
sideration of such payments the- said Tomw agrees - that the compensation
so received by it shall be "old. and received in lieu of any tax,
lioense, charge* fee, exohange serviee, street or alley rental,
or other charge of any kind or character for use and occupancy
of the streets, alleys and p ublie planes of the Tarn, or the,
privilege of doing business therein, other than°tho usual general
or special ed' valorem taxes now or hereafter' levied.
8.
:
THIS tax will be effoativt. April 1,- 19, 8: 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 Sou*hlakot Texas, not inconsistent
j herewith, as well as all other ordinances hereafter passed not
inconsistent herewith,
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It any station of this ordinance is 'tor Amy reason held to
bo, illegal or> unconstitu_tional., suoh iavalidilry -shall not affect
the validity of t4* robaining.1arovisions of this ordiwaneo. All
ordinanoes and parts of ordinances in conflict herewith are hereby
specifically ropsaled,
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THE Town Councilor the Town of Southlake hereby reserves
the right to cancel this franettise at any time if The Southwestern
States Telephone Company fails air rnf►a os to eoupIr-, or becomes
negligent. in their pomp ian4e ri.tb.&W provivion set forth in this
franchise;, The Town,,-however, shall notbe entitled to exorcise
this right of cancellation until after it has given the Telephone
06mpany 90 days' written notibe with respect to the manner in
1 which the Telephnne Company is not complying with the previsions
j of said franchise, and the Telephone Company fails and refuses to
correct said matter within said 90.-day period.
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OR
12.,
THE Southwestern States Telephone Company agrees to file
with the Clerk of the Town of Southlako. Texas. its written
acceptance of this Franehise-Ordinance, within thirty days after to
its approval,
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THIS Franchise, is not an exclusive franchise, and the Town ~r
Council reserved the right to grant additional franchises for
the sane type of service if it is to the advantage of the Town
of Southlake.
PASSED AND APPROYRD by the Town Council of the Town of
Southlako. Tarrant County. Texas. this . _;2011 day nf March
A. D. 1958.
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APPROYED:
Ye,
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MAYOR
ATT:ST s
TOWN SECRETARY
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ORDINANCE NO. 112
Alt-ORDINANCE GRANTING TO THE SOUTHWESTERN STATES
TELEPHONE COMPANY, A CORPORATION, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT, PRIVILEGE AND PERMIT TO
ESTABLISH MONTHLY RATES FOR LOCAL TELEPHONE SERVICE
IN THE TOWN OF SOUTHLAKE, TEXAS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SOUTHLAKE.
TEXAS:
SEC. I.
THAT the right, privilege and
permit is granted to
THE SOUTHWESTERN STATES TELEPHONE COMPANY to put into offset
the following monthly rates for telephone service rendered
within the corporate limits of the Town of Southlake, Texas:
3 Clean of Service RRall
Business Multi-Party $ 6.50
Business Extension 1.25
Residence Multi-Party 5.00
Residence Extension 1100
SEC. II.
I
THE above monthly rates as set forth in Section I above
constitute the present telephone rates now in force and effect
in the Town of Southlake, Texas, and were the rates being charged
by The Southwestern States.Telephone Company for telephone service
at the time of the incorporation of Southlake. Texas. and it is
the purpose of this Section of this rate ordinance to ratify,
approve and confirm such rates, and to establish came as the
present rates for telephone service rendered and that said rates
shall be effective until superseded and replaced by the rates
set forth in Section III of this Ordinance.
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I SEC.-III.
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EFFECTIVE with the 8.cptember 6, 1958, billing date of The
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Southwestern Staten Telephone Company, the right, privilege
and permit is granted to The Southwestern States Telephone Company
to put into affect the following monthly rates for telephone
service rendered within the Corporate Limits of the Town of
Southlake. Texas:
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g-10-,86 of Sew Rate
Business One Party $ 11.00
Business Two Party 8100
Business Extension 1,50
Residence One Party 6.50 p,
Residence Two Party 5.50
Residence Your party 4,75
Residence Extension 1100
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IF„ for any reason, The Southwestern States Telephone Company a,
has not established and put into effect within the Town of Southlake,
Texas, the service as contemplated by the rate schedule set forth 1W
in this Section III by the September 6 1958, billing date of
said Company, then it is understood that the rates as set forth
in this Section III shall not become effective with said September !P
60 19586 billing data but shall be postponed and delayed until the
first billing date after such service, as contemplated by the
rate schedule set forth in this Section, has been established
within the corporate limits of the Town of Southlake, Texas. FP
SHOULD said ~
Telephone Company place additional parties on
any line thereby reducing the class of service contemplated, then
it is understood that the rates'suthorised herein for said servicehma
as originally contemplated shall be correspondingly reduced to
make allowance for the change in service.
SECTION IV. sk
IT is understood that the schedule of rates for local exchange P'
telephone service, as prescribed and established by Section III,
of thiw ordinonce, contemplates not only local service between
subscribers within the Town of Southlake,.Texss, but also coders
and includes extended area telephone service (that is, service
without the payment of any toll charge) between the subscribers
in the Southlake telephone exchange and the subscribers in the
Grapevine* Texas, telephone exchange,
SECTION V.
a`
NffHING in this Ordinance contained shall be construed now
or hereafter as limiting or modifying in any manner the rights p'
and power of the Town of 'outhlake, Texas, to regulate the rates
and,charges of The Southeastern States Telephone Company.
PASSED AND APPROVED, this the day of March, A. D. 19580 by the Town Council of the 'town of So+.ithlake, Texas.
APPROVED t
ATTVST:
MAYOR Ip
TOWN SECRETARY
ORDINANCE NO. 113
AN ORDINANCE PROVIDING THAT THE OFFICE
OF MARSHAL SHALL HE APPOINTIVE INSTEAD
OF ELECTIVE.
HE IT ORDAINED BY THE TOWN COUNCIL OF THE TOdN OF
SOUTTU AKE. TEXAS.
1.
THAT from and after the effective date hereof the Office
of Marshal shall be appointive instead of elective as is provided
in Ordinance No. 67. heretofore adopted on the 9th day of February
A. D. 1937.
2•
THAT such officer shall be appointed by the Mayor subject
to advice and consent of the Town Council.
3.
" Alm THAT the term of such Office shall be--two years and shall
+d run concurrently with the time and term for which the Mayor
is elected.
4.
THIS ordinance shall become effective and be in full force
and effect from and after its adoption.
ADOPTED this 20 day of March. A. D. 1938.
MAYOR
ATTEST :
TOWN SECPETARY