Ord 1402 6/11/1945 tile
On
ORDINANCE NO. 0
AN ORDINANCE AJRENDING SECTION 7 AND SECTION 11 OF ORDINANCE NO.
1179, PASSED AND APPROVED NOVEMBER 19, 1934, BEING AN ORDINANCE AGREE-
I ENT BET`V'EEN SOUTHWESTERN BELL TELEPHONE COMPANY AND CITY OF WICHITA
FALLS: SAID SECTIONS ALSO BEING KNOWN AS SECTION 7-907 AND SECTION
7-910 OF THE CODIFICATION OF ORDINANCES OF THE CITY OF WICHITA FALLS,
TEXAS, 1941) ADOPTED BY ORDINANCE NO. 1315 ON JANUARY 6, 1941, SO AS
TO PROVIDE THAT SAID SOUTF1IESTERN BELL TELEPHONE COITANY SHALL PAY TO
THE CITY A SUTM EQUAL TO VIO PER CENT OF THE GROSS RECEIPTS FOR THE
PRECEDING YEAR RECEIVED BY THE SAID COMPANY FROM LOCAL EXCHANGE TELE-
PHONE SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY: SUCH PAYMENTS
TO BE MADE AS OF MAY 11 1945) AND UPON THE 15TH DAY OF MARCH FOR EACH
AND EVERY YEAR THEREAFTER: AND EXTENTDING SAID ORDINANCE 1179 FOR ADDI-
TIONAL TEN YEAR PERIOD, AMID ALSO REPEALING ORDINANCE NumBER 1399 PASS-
ED AND APPROVED APRIL 17th, 1945, AND DECLARING AN 3.IERGENCY.
WHEREAS, the City of Wichita Falls has suggested to the South-
western Bell Telephone Company that the -yayment provided for In
Section 7 of Ordinance No. 1179, passed and approved on the 19th day
of November, 1934, has become inadeauate; such section also being
known as Section 7-907 of the codification of ordinances of the City
of Wichita Fa11s, Texas, 1941; and
WHEREAS, the Telephone Company is willing to increase the com-
pensation payable under said Section 7 and has asked the city for an
additional ten years during which the said ordinance No. 1179 shall be
and remain in effect.
NOZ', THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERITAN OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1.
That Section 7-907 and Section 7-910 of the Codification of
Ordinances of the City of Wichta Falls, Texas, 1941, be and the same
are hereby amended so as to hereafter read as follows, to-wit:
"SECTION 7-907: Annual Cash Consideration to be Paid by the
Telep one Company:
To compensate the city for any and all possible damages to its
streets, alleys and public grounds, which may result from the placing
and maintenance therein or thereon of the telephone company' s poles,
conduits or other telephone equipment or apparatus; and to compensate
the city for its superintendence of this contract agreement and as the
cash consideration for this contract agreement, the telephone company
shall Day to the city annually during the life of this Ordinance a sum
eaua.l to 2% of the gross receipts for the preceding year received by
the telephone company from the rendition of local exchange telephone
transmission service within the corporate limits of the city. The first
payment shall be made as of May 1, 1945, and shall be the payment for
that year and shall equal in amount 2% of said gross receipts received
during the calerdar year 1944, less, however, the sum of 92,000.00 paid
to the city by the telephone company for the months of January, Febru-
ary, March and April, 1945, under the provisions of this Section before
its amendment; the second -Qayment shall be made on or before Tiarch 15,
1946, and shall equal in amount 2% of said gross receipts received dur-
ing the year 1945; and thereafter payment based upon the preceding
years said gross receipts shall be made annually on or. before March
15th of each year; said payments shall be received by the city in
lieu of any tax, license, charge, fee, street or alley rental or other
character of charge for use and occupancy of the streets, alleys and
public places of the city and in lieu of any other imposition other
than the usual, general or special ad valorem taxes now or hereafter
levied. "
"SECTION 7-910 : Period of Time of this Ordinance--Termination:
The r (,hts, icenses, privileges and permissions granted to and
contracted for by the telephone company herein, its successors and
assigns, shall be and extend to the 19th day of November, 1964, un-
less otherwise terminated, according to la.w. n
SECTION 2.
That in a7_l other respects said Ordinance No. 1179, also known
as Chapter 9, Art. 1, of Title 7 of the Codification of Ordinances
of the City of Wichita. Falls, Texas, 1941, shall be and remain in
full force and effect according to its terms and conditions.
SECTION 3.
ORDINANCE NO. 1399 passed and approved April 17, 1945, entitled:
"An ordinance amending Section 7 and Section 11 of Ordinance No. 1179,
passed and annroved November 19, 1934, granting a franchise to South-
western Bell Telephone Com?Dany; said sections also being; known as
Section 7-907 and Section 7-910 of the codification of ordinances of
the City of Wichita Falls, Texas, 19413. adopted by Ordinance No. 1315
on January 6, 1941, so as to provide that said Southwestern Bell Tel e-
hone Company shall bay to the City as a. street rental a, sum equal to
two per cent of the -gross receipts for the preceding year received by
the said com-oany from local exchange telephone service within the cor-
pc�rate limits of the city; such payments to be made on Ilay 11 1945,
and upon the l5th day of Tarch for each and every year thereafter; and
extending; said ordinance 1179 for additional ten year period, and. de-
claring an emergency, " is hereby repealed.
SECTION 4.
That the Southwestern Bell Telephone Company shall have 31 days
from and after the passage and approval of this amending Ordinance to
file its written acceptance thereof with the City Clerk and upon such
- is Ordinance shall effectuate and. make bind-
acceptance being; filed, t
ing the agreement provided for by its terms and shall be in effect as
in the Charter of the city provided.
SECTIOR; 5.
The fact that t1-..is Ordinance is passed as a compromise measure
and in settlement of controversy between the city and the telephone
company and it is the desire of both parties that the same become
effective as soon as possible, creates an emergency, and the rule re-
quiring the reading of Ordinances on three separate days are hereby
dispensed with and this Ordinance shall become effective upon its
passage and approval by the Boil rd of Alderme and its acceptance by
the t eleohone company.
?'ASS ' AND APPROVED this day of A. D. 1945.
CITY CT :K_. ___