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Ord 1179 11/19/1934 ORDINANCE NO. 1199 AN ORDINANCE M-, EREBY THE CITY OF WICHITA 'FALLS, TEXAS, AND THE SOUTHWESTER; BELL TELEPHONE CONTANY AGREE THAT THE TELEPHONE CO1VTANX SHALZ CONTINUE TO ERECT AND MAINTAIN ITS PIPOI CONSTRUCTION AND ANCHORS, CABLES, MANHOLES, CONDUONJITS, AND APPURTENANCES ALONG, AC RO S I,IEYS UB LOVERI CGROUNDS,AANDEP IACES II AND DNESA ID PUBLIC STR7'ETS, AVENUES, A ' AND RESTRICTIONS, AND THAT THE CITY, UNDER CONDITIONS, REGUTATIONS, CITY SHALL RECEIVE AN NNUALCP YMENT A i THAS HRIGHT To EIN � SE CERTAIN FACILITIE'S OF THE TEI.EP WHERE&S, the Southwestern Bell Telephone Company, herein- after referred to as the "Telephone Company'' , is now and has been en- gaged in the telephone business in the State of Texas , and in further- ance thereof, has erected oa f ndichitaained Falls,certain items ihereinaf ter referred construction in the City �- to as the "City" , for ylaws ofrthenState such Texas,sand subject to been granted it by and under the the exercise of such reasonable rights fby andaunderusaid �wsptloice power as have been also law full y granted said City; and WHEREA. , it is to the mutual advantage of both said City and S said Telephone Company that a contract-agreement should be entered into between the Telephone Company and the City establishingsth City; ditions under which said Telephone Company shall operateNOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERRIEN OF THE CITY OF WICHITA FALIS, TEXAS, THAT: We TION 1 - CONSTRUCTION AND MAINTEIQANCE OF TELEPHONE PIANT AMID SERVICE. poles, wires, anchors, ca les , ma o es, eon u ts, and o her p an . construction and appurtenances, used in or inc ident to the giving of telephone service and to the maiiinesaid Citya shallhone remainsasess nowand con- system by the Telephone Company structed, subject to such changes as under the limitations Canis cindthe Lions herein prescribed may be considered necessary by Y exercise of its lawful pfurers nishin btelephoney the eserviee;hone andy said in ttelephone cise of its business of g Company shall continue to exercise its right to place, remove, con - Company and reconstruct, extend and maintain its said which lanorand be appurtenances as the business and pure incorporated may from time to time ire,str alsngavenues across,,so on,ysvand through, above and under aers ll. the public public grounds and places within the present limits of tendedland within said limits as the same from time to time may subject to the regulations, limitations, and conditions as herein prescribed. All SECTION 2 - SLh' .WISION BY CITY OF LOCATION OF POLES AND CONDUITaight poles to be placed s a the fwillnnotainterfere with eria and sthe fona low of water and shall be so set thaty in any gu.tier or drain, and riot-that will street orsid.ewalk�t� as practicable with the ordinary anchors, conduits, The location and route of all poles, stubs, guys and cables to be placed and constructed by the said Telephone Company in the construction and maintenance of its sbeelaidoby thetem in the Telephore Coma City, and the location of all conduit er this ordinance shall be pany, within the limits of the said City ton, control, ands direction subject to the reasonable and proper city official to whom of the Board of Aldermen of said City, or of any such duties have been or may be delegated, TO GOOD CONDITION• The surfaceff STORED lace istur ed by the Telephone SECTION 3 - STREETS TO BE public p or maintaining its tele - any street, alley, ighr�ay, renewing, in building, constructing, s before the Company shall be restored withaiconditionnas b ble time e phone plant and system to as goodof th completion of the work after the the work city official to whom such of and maintained the satisfactionthe date tY�e commencement of said City, °r for one year from Board of Aldermen be delegated, or pub lie place is broken for duties have been or may alley, highway, time responsibility surface of said street, after which No street, become the duty of the City• a longer such cons tructi r become maintenance the duty encumbered for for the maintenanceor public place Shall alley, highways be necessary to execute the work. period than shall HONE P-,gNT. The tele- D aINTEaT�E OF TELEP erat.ing condi- SECTION 4 - OPERATION AN stem in reasonable s contract- phone company shall maintain its continuance of in effect tion at all normal tirues duringautomatically is interruPted, to this conditiCo parry tomatical ycc�urrences agreement• An exceptionb the Telephone or other o Wished y strikes, riots, floods, or when service furnished by fires, or by storms , shall impaired, or P le hone Company hone Company in any of which events the do pto Testore normal beyond the casualties�l of the e other reasonably within its power do all things, an on the service. The Telephone Comp Y - TM-2ORARY RENUVAL 02 !IRES• SECTION 5 ise or lower its wires on shall remove or rq other bulky re�,ueSt of any Pof houses or or lowering of wires temporarily to permit the mry rremoval, raising and the Telephone expense of such temporary or parties, hone Company The eXp aid by the benefited party The Telephone shall be red such payment ineightnhours advance notice to Company uir e given not le ss than ireforty changes. shall be g such temporary permission arrange for � and P The right, license privilege g - TREE TRIM TNG. Compaq , its successors sidewalks and SECTION ran e e Telephone the streets, all eY 31 s is ere Y g went the branches Ol hone to trim trees upon and ovhanginsgo as to P cables of the Te]eP laces of the said City, wires or ervis ion and public places in contact With the m i under the sup city trees from coming of said trimming to of said City or of any Co pant, d of Aideaveribeen or may be delegated* direction of the Boar off is ial to whom said duties have TELEpHONR TION TO BE allDpoSsi je damages to SECTION 7 - ANDNAL CASH CONSIDERAor any result from the _ et e ity ch may hone Company's CODA To. m ��s -and public grounds whi Telep a l ley or thereon of the ar atus; and to com- ics streets, intenanee therein or equipment or aPP reement, placing and ma telephonethis contra- Tele- poles, conduits or Other it superintendence of reemen he continu- pensate the City for its this contractY during cash eonsideratio for he City annually $6 000.00) . and as the 7 agrees to Pay Dollars ( , phone Company g he sum of Six Thousand installments Of February, anee of the agreement a Payable in quarterly st days of shall be due �00 each, on the fNovember Said sum t shall be made shall be 1, dollars (S1,500 } en g 00©.00) fifteen hundrad rTovember, the first Pam or August, six thousand dollars c , fee, street 1„aYs ax�i the said sum °f tags license, charge, ancy of the 1934, arge for use and occup paid and re le oreotherlcharacter of eh ces Of the City and in lieu of any alley renalleYs, and Pub ctheausual general or special ad valorem streets , other imposition other than vie d. taxes now or hereafter �' DERAT SECTION 8 - FACILITIES TO BE FURNISHED rth inSSecD on N c ee Telep one In addition to the consideration se said Company shall reserve for and hold, subject to t�e�by°saideCity upon y� such wire space as may be required from the poles now owned or hereafter erec olice and the Telephone Company in fire alarm system; pro- the City for the use of the city P wire capacity vid d that the required wire space Theliocationl not condtheepoles of this, of cross-armSon any one pole. lications fire and police wire space shall be determined on specific e for space, at the time the applications are received from the City, or and will be allotted in accordance with thesconsidement ofration f Commerce, electrical construction of hone Company Bureau of Standards, In its wire construction on the Telephone ggestipoles, the City will follow the su2ns and requirements laid down ureau for wire construction in the Rules and ofaCoommnesrce,tandBsuch wires Standards of the United States Departmentoperated in such manner shall. further be constructed, maintained and open as not to interfere with nor create undue hazard in the operation of the telephone system of the Telephone Company. SECTION 9 ATTACffid�tTS NOT HERE AFFECTED. Nothing in this ordinance contained shall a construe to require or permit any electric light or for the City. If ligh the City t and/or or power wire attachments by the City or for the City, then a power attachments are desired by further separate, non-contingent agreement shall be a prerequisite to such attachments. $ t ^oVrar's b :-ate h ws 44, - TERIv�INA`�'IOI3. THE SECTION 10 - PII�IOD OF TIME OF THIS ermiss onsEgrante to and contracted rights eenses, pr iv ages and p and for by the Telephone Company d of herein, its successors esfrom and iafter sthe l be for a full term anOeSerio into effect,twenty C time this agreement g SECTION 11 - NO EXCLUSIVE PRIVILEG on CONFERRED givingS 0RDIle Telephone Nothing ere in cont a ne s nl e CoiapanY any exclusive privileges. Pulti CTION 12 - SUCCESSORS ARID ASSIGNS. The rights, powers, limitations, es, and restrictions erein provided thershall respecti4ee to and be successors binding upon the parties hereto and p and assigns. If any section, SECTION 13 - PARTIAL INVALIDITY AND REPEAT PROVISIONS• mason held to sentence, clause, viresror unconstitutional,ase of is esuch is f invalor idity shall not be illegal, ultraonions of this ordinance. affect the validity of the remaining p ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed. ,, During the period. this ordinance is SECTION 14 - IIABILITY I CITY. hone Company, the Telephone Com- in existence and en- oye y said TeleP any and all. pany shall indemnify and hold harmless the said City from claims for losses, damages and injuries occasioned to or reasonnof the any persons, firms or neeCOoperationsor continua or their nce ofordinance and existence, maintenance,, P the said City except as the exercise of all rrgovided�rein granted by is herein otherwise p REIlVTENT• The said Telephone Com- SECTION 15 - ACCEPTANC$ OF CONTRACT-AG Te1aP approval 0 ays rom an er its passage and poy shall bave thirty Clerk 1 take effect to file its written acceptance Piledisthisiordinancehshal-Cl v b and upon such acceptance being , of its approval y and be in force from and aftr and make binding- the acontract-agreement the Mayor and the all termsh ere of effectuate. provided by