Ord 40 2/3/1902 ORDINANCE NO, 40
A�T?T�ORBIITANCE GR INTING TO R.E. �'_ZT_�'F _'_I`T V7:1 11. r:�'CG`'?:GOR _L=7 T??EIR
^ F''PIGI,'S 7E RIGHT TO EF.ECT TETEPHOTE POZTS A17D 7IT'.ES 2.11B GPM:1 TTI17G SAT'D
RIGHT IIT THE TERP,IS AIM C01'DITIOI;S HEREIIT ST _TED.
BE IT ORJAINED B"= T_TE 3:E=Mll CITY COT-TICID OF
CITY OF '''ICHITA FALLS, TEMIS:
`sec. 1. That the right is 1_ereby grantel to R.E. Huff and
.. T"LcGregor c.iic_ their ess'_gns to erect andmaintain on the streets,
alleys and- public ,days of t .e City of ! ichita Falls, -poles wires, and
fi._tures necessary and_ convenient for th-e -ou-rpose of supplying the
citizens of said Cit -and the ptblic co=, -nication by telephone or
of _.er electrical device. All s _ch right and use to be and continue
n,.on the terms and conditi6ns herein stated.
Sec. 2. Any change in the location of the poles and lines or
e�:tensions t'riereof shall be cone under the d.trectteh of the Co-mmitteA
on streets of the City Council.
SEC. 3. Said --oles and sires shell beplaced and maintained
so �_.s not to interfere 1. ith travel on said highways and said R.E. Huff,
and `';';?:``. T.'cGreg-orx shell hold_ the City harmless from all damage arising
by red;-on of any abuse arc negli.-once in the occu ;�.ncy of the streets
andx alleys, en d all roles shall be so placed as not to interfere ?-rite
tY{e flow of •.-rate-r in any sewer, gas pipe o_ C.rain or gutter, and in case
o4! bringing to grade or change of grade of any street,alley said. poles
shall be reset so as to conform th their grade. And this grant is to be
made and is to be enjo-ed subject to all such reasonable regtlations and
o ,�'_in�nces of a rolice nature as said City Council may be legally author-
ized ulo enact or see proper r,.t any time to adopt not destructi'Ve of the
- ig'rlts herein granted.
Sic. 4. The right of use hereby given shall not be e- clitsive and
tl� Council hereby reserves tT_e po -er to grant like right of use to other
persons or cor oo ations _for similar pu::-poses, the -eight hov ever tot to
interfere -:; to the proper exercise of the privileges herein [--anted.
5. In consideration of the rights and. uses herein granted-
the s id R.E. Huff and MY% YcGre`,,vr �'or themselves and assigns shall
agree to a,-low the City at any time to attach to any of said poles
on th.e upper arm the C;ty's fire alarm or police wires, and said. poles
s r e made a municipal instrumentality for that pur-!ose, provided_ said attach8
:Went anc_ said use s,_ ll not be so made as to interfere with the rig'ht of
use hereby granted to $.E. Huff and W.M. YlcG-re_- or, and. all said attachments
shall be made and maintained under direction of R.E.Huff and '' .11. I:IcGregor
and their assigns, and wherever the rights herein granted for the use of
the streets are el ercised for the use of Ohio 2_ver_ue or Indiana Avenue
bets een Sixth and ITinth Streets the said R.E. 1;uff and W.Y. ITcGregor
and theif as igns shall furnish for the use of the City business without
charge, service so long as an ecchange is maintained hereiinder, one tele-
phone at t':e City 17.all and ;ball furnish for the City busi ne-s such other
tele hones as the Coin'cil may hereafter require by resolution at 20 Q
discount fr m the regular rates for business purposes; provided, however,
that for such other telephones separate contracts shall be previously
signed containing the usual p °ivisions of such co-r_t.-acts or hattng indorsed
thereon the terms of paZ-m ent herein -provided for.
Sec. 6. That this o •dinance shall to],e effect in ten days
after the date of its passage and t"e filing of unconditional acceptance
of it-.. terms in the office of the City Secretary.
Passed February 3d, 1902
Attest:
Edgar Rye,
uecI-. Chas. '.'l. Bean,
I aVvr