O13SCUTEra.nfl Eat TELEPHONE COLTANY
1115 Tbroc¢nrton St., Fort Worth 2, Texas
Telephone 2-8211
April 1, 1948
Mr. H. R. Bishop
Attorney -at -Law
210 James Building
Fort Forth, Texas
Dear Mr. Bishop:
In accordance with out conversation, attached aro four copies of a ore-
oosod..erdinance for tho Town of Sennedale. Should you have any questions raga
it, I will be glad to dieeuea them with you or other town officials.
Shouli you desire to enact it, please return two copies executed in ac-
cordance with page 6. In eddition, we would like to receive the usual certification
on page 6 by the city secretary which ordinarily reads as follous:
I, , CitY Secretary o° the City of rennedelo,
Texas, do hereby certify that the above and foregoing is a true and
correct copy of Ordinance No. 4, duly presented and adopted at a
regular meeting of the Board of Aldermen on the 10 day of June,
1948, as seine appears in the minutes of said meeting.
WITNP.SS UY RAND AND SEAt. OF OFFICE, this the 10 day of Juno, 1948.
City Secretary
I will then pass then to the proper official oa cu. oompany who has
authority to sign the acceptance.
Yours very truly,
(signed) W. r. Brown
District Manager
ORDINP2iCS NO. / 2>
AN ORDINANCE Tiaa-'RBY ?tit ICON OF E1IDSFDAL}, TEDS, AND IRS SOTtRS TELN SELL TILE -
HONE CoANY AGREE THAT THE TatERBONE DWANY :.BALL CONTINUE: TO BRECT AND MAINTAIN
ITS POLES, TIRES, z NOBS, CABLES, IDSBOLLS, CONvIr 2, ATt OTEDS PLANT CONSTSUCTICN
AND APPURTENANCES ALONG, ACROSS, ON, OPeb, T BOUOEE, ABOVE AND man). ALL PUBLIC STRB's'TS;
ANINUES, ALLSiS, .PUBLIC MOMS AND PLACES IN SAID CITY, UNDER RECOLATIONS ANT. RES-
TRICTIONS AMC VAT THE CITY MIL RIAET+vE 2' AtWUfu. PAlYADTT AND THE RIGffr TO USE CERTAIN
FACILITIES OF THE ae EPWRZ WPR.Y, ALL AS E?P'lN PR07IDA:
TRIERZAS, the Southwestern Bell Telephone Company, hereinafter referred to as
the °Telephone Company°, is non end has been engaged in the telephone business in the
State of Texas, and in furtherance thereof, has erected and maintained certein items of
its plant construction in the torn of Kennedele, Texas, hereinafter referred to as the
°City", for many years pursuant to such _rights as have been granted it by and under the
lams of tho State of Texas, and arbject to the exercise of such reasonable rights of
regulation under the police power as have been also lemfltlly granted by and under said
lcrs to Said City; end
b2U ZAS, it is to the mutual advantage of both the City and the Telephone
Company that an agreement should be entered into between the Telephone Company and the
City establishing tho conditions under which the Telephone Company shall operate in
the City.
NON, TastacPS, inc IT ORDAINED HI SSE CITY COUNCIL OF TEN TOWN OF
g'aVNEDALE, THAT:
sDCTION 1 - CONSTRUCTION AND ELAINTENANCE OF TELEPB" NE PLANT AND SERVICE.
The poles, wires, anchors, cables, manholes, conduits and other plant constriction
and appurtenances, used in or incident to the giving of telephone service end to
the maintenance of a telephone business and system by the Telephone Company in the
City, shall re=isin as now constructed, subject to such changes as under the limitations
end conditions herein prescribed may be considered necessary by the City in the exercise
of its lawful powers and by the Telephone Company in the exercise of its business of
furnishing telephone service, and the Telephone Company shall continue to exercise its
right to place, remove, construct and reconstruct, extend and maintain its said plant
and appurtenances as the business and purposes for which it is or may be incorporated
may from time to time require along, across, on, over, through, above, and under all
the public streets, avenues, alleys and public grounds end places within the present
limits of the City and within said limits as the same from time to time may be extended,
subject to the regulations, limitations and conditions herein prescribed.
SECTION 2 - SOPE?VISiON BY GITY OF LOCATION' OF POLES AND WRWTT.
A11 poles to be placed shall be of sound material end reasonably straight, and shall
be so set that they will not interfere with the flow of water in any gutter or drain,
and to that the sane will interfere as little es practicable with the ordinary travel,
on the street or sidewalk. The location and route of all poles, stubs, guys, anchors,
conduits and cables to be placed and constructed by the Telephone Company in tho con-
struction and maintenance of its telephone system in the City, end the location of all
conduits to be laid by the Telephone Company within the limits of the City under this
ordinance, shell be abject to the reasonable and proper regulation, control and direction
of the City Council or of any City official to rhos such duties have been or may be
delegated.
szetZ0-y s - STRE:M TO SE RESTORED TO CCOD CONDITION.
Tho surface of any street, alley, highway, or public place disturbed by the Telephone
Company in building, constructing, renewing or mainteining its telephone plant and
system shall be restored within a reasonable time after the completion of the work to
as good a condition as before the commencement of the work and maintained to the satis-
faction of the City Council, or of any City official to ohm such duties have been or
:sty be delegated, for one year from the date the surface of aid street, alley, highway,
or public place is broken for such construction or maintenance work, efter which time
responsibility for the maintenance shall become the duty of the City. No street, alley,
highway or public place shall be encumbered for a longer period than shall be necessary
to execute the work.
SECTION 4 - OPERATION AND Ma/N'TIi1ANCE OF TELES' EIZ PLANT.
The Telephone Company shall maintain its system is reasonable operating condition at
all normal times daring the continuance of this agreement. An exception to this con-
dition is automatically in effect then service furnished by the Telephone Company is
interrupted, impaired, or prevented by fires, strikes, riots, or other occurrences
beyond the control of the Telephone Cowpony, or by storms, floods or other casualties,
in any of shich events the Telephone Company shall do all things, reasonably within its
power, to do, to restore nonval service.
SECTION $ - T'r YOEARY assoVAL OF NI2ES
The Telephone Company on the request of any person shell remove or raise or lower ite
wires temporarily to pewit the moving of houses or other bulky structures. The expense
of such temporary removal, raising or lowering of wires shall be paid by the benefited
party or parties, and the Telephone Company may require such patent in advance. The
Telephone Company Shen be given not less then forty-eight hours advance notice to ar-
range for arch temporary hire changes.
SECTION 8 - TREE TRE0u7NO.
The right, license, privilege and permission is hereby treated to the Telephone Company,
its successors and assigns, to trio trees upon and overhanging the streets, alleys, side-
walks and public places of the City, so as to prevent the branches of such trees from
casing in contact with the wires or cables of the Telephone Company, end when so ordered
by the City, said trimming shall be done under the supervision and direction of the City
Council or of any City official to ahem said duties have been or may bo delegated.
SECTION 7 - A@:UAL CASE CON:SDi2iATIOY TO BE PAID BY i.£ TZEPRONE GG P72Y.
To indemnify 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 componsete the City for its superintendence of this egrement, and es the cash
consideration for the sane, the Telephone Company agrees to pay the City anmuelly dur-
ing the continuance of the agreement a sun of money equal to t,,o per cent (2%) of the
annual gross receipts for the preceding year received by the Company from the rendition
of local exchange telephone transmission service within the corporate limits of the
City. The first payment hereunder shell be cede April 15, 1949, and shell equal in
amount two per cent (2%) of the gross receipts received from January 1, 1948, to
December 51, 1948; and thereafter payment shall be made annually on April 15 as heroin
provided.
SECTION 8 - PA Teo T 0? CASH ODNovn:crTIGN TO SE IN LIEU OF ANY OTHER PAYMENTS EXCEPT
USUAL GENERAL CR SPECIAL AL vALOn.l TAXES.
The City agrees that the consideration set forth in the preceding section hereof,
shell be paid and received in lieu of any tax, license, charge, feo, street or alley
rental or other character of charge for use and occupancy of the streets, alleys end
public places of the City; in lieu of any pole tax or inspection foe tax; in lieu of
any easement or fraarm s° tax, whether lefied as an ad valorem, special or other
character of tax; and in lieu of any imposition other than the usual general or
specie/ ad valorem taxes now or hereafter levied. Should the City not have the legal
power to agree that the payment of the foregoing cash consideration Shall be in lieu
of the taxes, licenses, charges, fens, rentals, and easement or franchise taxes afore -
Gold, then the City agrees that it Till apply so much of said payment as may be neces-
sary to the satisfaction of the Telephone Company's obligations, if any, to poy any
sum;. taxes, licenses, charges, fees, rebtels, and easement or franchise taxes.
SECTION 9 - FACILITIES TO 3u ZFD CITY AS ADDITIONAL OONSIDSaAT'ION.
In addition to the consideration set forth in Section 7, the Telephone Company shell
hold itself ready to ilrnish, subject to the use of the City, such wire space as may
be required from time to time by the City upon the poles now owned or hereafter erected
by the Telephone Company in the City for the use of the City's police and fire clew
system; provided that tho required wire apace shall not exceed the wire capacity of ono
cross am on anp one pole. The location on the poles of this fire and police rire
space shall be determined on specific applications for apace, at the time tho appli-
cations are received from the City, and sill be allotted in accordance with the con-
siderations for electrical construction of the United States Department of Commerce,
Bureau of Standards. In its wire construction on the Telephone Company's poles, the
City vi13 follow the suggestions and requirements laid down for giro construction in
the Rules and Regulations of the Bureau of Standards of the United States Department
of Commerce. Where conduits are laid or are constructed by the Telephone Company,
said coopany shall hold itself ready to furnish sufficient duct space not to exceed
capacity of ono duct for use by the City in carrying its police and fire aiarm sires.
F11 such wires, whether on poles or in conduits, shall be constructed, maintained and
operated in such manner as not to interfere with nor create undue hazard in the operation
of the telephone system of the Telephone Company. It is further agreed that the
Telephone 9pmpany shall not be responsible to any party or parties whatsoever for any
claims, demands, losses, suits, judgments for damages or injuries to persons or property
by reason of the construction, maintenance, inspection or use of the polite and fire
alarm wires belonging to the City, and the City shall insure, indemnify and hold the
Telephone Company handless against all such claims, lessee, demands, suits and judgments.
SECTION 10 - ATTarVENTS OD POLES AND &'dCE IN DUCTS Nu aztz AFFECTED.
Nothing in this ordinance contained shall be oantrued to require or penait any electric
light or power wire attachments by the City or for the City, nor to require or permit
any electric light or power wires to be placed in any duct used by the City in the
Telephone Company's conduits. If light or power attachments are desired by the City
or for the City, or if the City desires to place electric light or power wires in any
duct used by the City, then e tlrrther separate ran -contingent agreement shall be prey
regviaite to such attachments or such use of any duct used by the City. Notting herein
contained shall obligate or restrict the Telephone Company in exercising its right
voluntarily to enter into pole attachment, pole usage, joint ownership, and other wire
space and fecilities agreements with light and power companies end with other sire using
companies which may be privileged to operate within the City.
24.0110N 7.1 - P3:lI0D 0i TDL3 OF 521Z ORDINANCE - TflaNATION.
This agreement shall be in full force and effect for the period beginning with the
effective date hereof and ending 20 years after Jasrasry 1, 1948, provided that at
the end of the expiration of the initial period, such ter= shall be automatically
renewed forthwith for successive periods of 20 years, conditioned, hoverer, that if
during the last four months of the initial period or of any successive 20 year period,
not less than ninety days' prior written notice shall be given either to the Telephone
Company by the City or to the City by the Telephone Company, setting forth the desire
of the giver of such notice to terminate this agreement, then in such case this agree-
ment shall terminate at the expiration of the then _arrant period.
SECTION 12 - NO 1CL7SIVS PiCCL C3S 0)N1M11"-Z 3Y THIS ORDINAiCS.
Nothing herein contained shell be construed as giving to the Telephone Company any
exclusive privilege.
SECTION 13 - SUCCESSORS Arm ASSIGNS.
The rights, powers, limitations, duties end restrictions herein provided for shall
inure to and be binding upon the parties hereto and upon their respective successors
and assigns.
SECTION 14 - PARTIAL INVALIDITY AND REPEAL PROVISIONS.
If any section, sentence, clause or phrase of this ordinance is for any reason held
to be illegal, ultra :area or unconstitutional, such invalidity shell not affect the
validity of the remaining portions of this ordinance. All ordinances and agreements
and parts of ordinances and agreements in conflict herewith ere hereby repealed.
SECTION 14 -*ACCEPTANCE OF AG831.dffi:T.
The Telephone Company shall have sixty (60) drys from and after the passage end ap-
proval of this ordinance to file its written acceptance thereof with the City Secre-
tary, and upon sach acceptance being filed, this ordinance shall take effect and be
in force from and after the data of its passage and approval by the Mayor and shall
effectuate and make winding the agreement provided by the teens hereof.
Passed and approved thie day of , A. D. 196
Attest:
Mayor
City Secretary
Ordinance Numbers 4 - 7
were not in the file at time of filming.
No reference to these ordinances
are noted.
SCUTffi3TERN BILL TELMo19DNE CO P` =
111S Throclmorton Et., Port Worth 2, Texas
Telephone 2-8211
April 1, 1948
Mr. H. R. Bishop
Attorney -at -Law
210 James Building
Fort Worth, Texas
DearMr. Bishop:
frisr
In accordance with out conversation, attached are four copies of x ro-
cose.o^•s,'-nce for the Town of Ecnaedale. Should you have spy questions ro'
it, I will be glad to discuss thm with you or other tom officials.
Shoat you desire to enact it, please return two copies executed in ac-
cordance with page 6. In addition, we would like to receive the usual certification
on page 6 by the city secretary which ordinarily reads as follows:
I, , City Secretary of the City of Eomedale,
Texas, do hereby co.-ti y that the above and foregoing is a true and
correct copy of Ordinance No. ?, duly presented and adopted at a
regular meeting of the Board of Aldermen on the 10 day of June,
1946, as secs appears in thoeminutes of said meeting.
NIT 'N.S.S MY E 2W AND SEAL OF OFFICE, this the 10 dry of Juno, 1948.
City Secretary
I will then pass then to the proper official of ou: company who has
authority to sign the acceptance.
Yours very truly,
(signed) Ni. D. Brown
District Manager
ORDINANCE NO. I ,
AN ORDEIANCE WHEN= MIE TOWN OF EEMEDALE, =AS, AND TBE ODUZIEi i Tip? BELL TALI.
PHONE =PANT AGREE MAT TES TELEPHONE caeANY MDT, CONSTRUE TO ERECT AND MAINT_AXN
ITS POLES) WIRIiS, ANCL*RS, CABLE, tC&VTOT Z5, ANDOMRPLANT CONSTRUC:I0N
AO APPURTENANCES ALONG, ACROSS, ON, ova, TOMB, ABOVE AND UNDlet ALL PVSSIC sX Elst$
AVENUES, "'Eve, PUBLIC GROUNWS AND PLACES IN SAID 012Y, UNDER REGULATIONS AND as-.
TRTCTIONS AND THAT TEE CITY MALL RZCSIVD A.1 ANNUAL PM= AND TEE RIGHT TO USE CERTAIN
FACILITIES OF THE TUMOR CCUPANY, ALL AS MEIN PROVIDED:
wow xPS, the Southwestern Be71 Telephone Company, hereinafter referred to as
the 'Telephone Cmpany% is now end has been engaged in the telephone business in the
State of Texas, sad in furtherance thereof, has erected and maintained certain itctz of
its plant oonstructdon in the tors of 4ennedsle, Texas, hereinafter referred to as the
for many years pursuant to slob rights as have been granted it by and under the
laws of the State of Texas, and subject to the exercise of such reasonable rights of
regulation under the police porter as have been also larf ly granted by and under said
laws to said City; end
WERREAS, it is to the mutaat advantage of both the City and the Telephone
Company that an agreement should be entered into between the Telephone Cazpaay end the
City establishing the conditions under which the Telephone Company shall operate in
the City.
NOW, TBERWcnE, se IT ORDAINED BY tot CITY COMM, OF THE TOWN OF
KENNEDALE, TEAT:
SECTION 1 - CONSTRUCTION AND MAINTidANCE OF Tr�,EPNONS PLANT SRA Sni.VICE.
The poles, sires, anchors, cables, manholes, conduits and other plant construction
and appurtenances, used in or incident to the giving of telephone service and to
the maintenance of a telephone business and systn by the Telephone Company in the
City, shall retain as now constructed, ,abject to such changes as under the limitations
and conditions herein prescribed may be considered necessary by the City in the exercise
of its lardla posers end by the Telephone Comemy in the exercise of its business of
furni•hsng telephone service; and the Telephone Company shall continue to exercise its
right to place, remove, construct and reconstruct, extend and maintain its said plant
sad appurtenancea as the bu ..n, and purposes for which it is or may be incorporated
may fret time to time require along, across, on, over, through, above, and under all
the public streets, avenues, alleys and public grounds and places within the present
limits of the City and within said limits as the same free time to time may be extended,
subject to the regulations, limitations and conditions herein prescribed.
SOLI TSON. 2 - SOPENVISTON BY CITY OF IACAITCH OF POLES AND CONDUIT.
All poles to be placed shell be of sound material and reasonably straight, and shall
be ao net that they eill not interfere eith the flow of water in any gutter or drain,
and so that the same will interfere as little as practicable with the ordinary travel,
on the street or sidewalk. The location and route or all pales, stubs, guys, anchors,
conduits and cables to be placed and constructed by the Telephone Company in tbo con-
s
truction and maintenance of its telephone system in the City, and the location of all
coconduits uitsato be laid by the Telephone Company within true limits of the City under this
shalt be *abject to the reasonable and proper regulation, control and direction
of the City Council or of my City official to cram such duties have been or nay be
delegated.
S"t.CTI0N 5 - bs% ib TO BE R3STORED TO GOOD 00':DITIuoN
The surface of any street, alley, highway, or public place disturbed by the Telephone
Company in building, constructing, reneging or naiateining its telephone plant and
system shalt be restored within a reasonable time after the completion of the work to
as good a condition as before the conmmencement of the toxic and maintained to the satis-
faction of the City Council, or of any City official to whom such duties have been or
may be delegated, for ono year from the date the surface of said street, alter, higbbsy,
or public place is broken for such construction or maintenance cork, after which time
responsibility for the maintenance shall become the duty of the City. No street, alley,
highway or urbite piece shall be encumbered for a longer period than shall be necessary
to execute the work.
SECT/ON 4 - OPERATION A'D Mkt,?, ANCE OF T ,E?msE PLANT.
The Telephone Cmpany shall maintain its system is reasonable operating condition at
all normal times during the continuance of this agremett. An exception to this con-
dition iautomaticallyf peeffect
ectewhen
d by service fzrnished by the Telephone Company is
interrupted,
;mash
beyond the control of the Telephone CComp�,'er by storms,
or other otherca commences
inany
to eh h events
ventsrthe eoTelephone Company shall do all things, reasonably within its
power,ma service.
SECTION $ - Ti2WFARy RE4OWL OF WIRIIS.
The Telephone Company, on the request of any person shall remove or raise or lower its
wires tmporari;4Y to permit tea moving of houses or other bulky structures. The expense
of such ten orax removes, raising or lowering of wires shall be paid by the benefited
party or parties, and the Telephone Cozpant may require such payment
s a
Telephone Camonny shall be given not loss than forty-eight hours aaddvancenotice tojhe ar-
range for arch temporary sire changes.
SECTION 8 - TREE TRfi.;ING.
The right, license, privilege and permission is hereby granted to the Telepbono Company,
its successors end es.-igns, to trim trees upon and overhanging the streets, alleys, side-
walks and public places of the City, so as to prevent the branches of such trees from
caning in contact with the tires or cables of the Telephone Company, and when so ordered
by the City, said trimming shall be done under the supervision and direction of the City
Council or of any City official to whom said duties have been or may be delegated.
SECTION 7 -ANNUAL CASH CONSIDERAT_TON TO B8 PAID BY Tam 11,4 PEEONE CC1PL'Y.
To indemnify the City for any and all possible damages to its streets, alleys, and
public grounds 'Mich 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 agreement, and as the cash
consideration for the same, the Telephone Company agrees to pay the City anaaslly dur-
ing the continuance of the agreement a sum of money equal to two per cent ($) of the
anmrel gross receipts for the preceding year received by the Company from the rendition
of local exchange telephone transmission service within the corporate limits of the
City. The first payment hereunder shell be wade April 15, 1949, and shall equal in
amount two per cant (26) of the gross receipts received from January 1, 1948, to
December 51, 1948; and thereafter payment sha11 be raade annually on April 15 es herein
provided.
SECTION 8 - PAYMENT OF CAS! WUStfverDTION TO BE IN L19 OF ANY 0 ',o' PT.114+NTS EXCEPT
USUAL GENDRAT, OR &'e'CIAL AD 4AWa17E TAXES.
The City agrees that the consideration set forth in the preceding section hereof,
shall be paid and received in lieu of any tax, license, charge, fee, street or alley
rental or other character of charge for use and occupancy of tho streets, alleys and
public places of the City; in lira of an pole tax or inspection tee tax; in lies of
any easement or franchise tax, whether lariat as an ad valorem, special or otter
character of tax; and in lieu of any imposition other than the usual general or
special ad valorrex taxes now or hereafter levied. Should the City not have the legal
power to agree that the patent or the foregoing cash consideration shall be in lieu
of the taxes, licenses, charges, fees, rentals, and easement or franchise taxes afore-
said, then the City agrees that it rill apply so much of said payment as may be neces-
sary to the satisfaction or the Telephone Company's obligations, if any, to pay any
such tames, licenses, charges, fees, rentals, and easement or franchise taxes.
SECTION 9 - PACILITT— TO BE :waluEr GD CITY AS ADDITIONAL CONSIDERATION.
In addition to the consideration set forth in Section 7, the. Telephone Company shell
hold itself ready to furnish, subject to the nee of the City, such sire space es may
be required from time to time by the City upon the poles row owned or hereafter erected
by the Telephone Company in the City for the use of the City's police and fire alarm
system; provided that the required vire space 'await not exceed the :.ire capacity of ono
cross am on any one pole. The location on the poles of this fire and police wire
space shall be determined on specific applications tor space, at the time the appli-
cations are received from the City, and mill be allotted in accordance eith the con-
siderations for electrical ocnatnrction of the United States Department of Commerce,
Bureau of Standards. In its vire construction on the Telephone Company's poles, tho
City rill follow the suggestions and requirements laid down for wire construction in
the Bules and Regulations of the B;resu of Standards or the United States Department
of Commerce. {mere conduits are laid or are constructed by the Telephone Company,
said oogpany shall bold itself read to furnish sufficient duct space not to exceed
capacity of one duct for use by the City in carrying its police sad fire alarm mires.
All such wires, whether on poles or in conduits, shell be constructed, naintainod and
operated in each manner as not to interfere rdth nor create undue hazard in the operation
of the telephone system of tho Telephone Company. It is further agreed that the
Telephone 8pwpany shall not bo responsible to any party or parties Whatsoever for any
claims, demands, losses, suits, judgments for damages or injuries to persons or property
by reason of the construction, maintenance, inspection or use or tho police and fire
alarm aims boloagng to the City, and the City shell insure, indemnify and hold the
Telephone Company harmless against all such claims, losses, demands, suits and judgments.
SECTION 10 - ATTACMTITS ON POLES ,SD SPACE IN DUCTS NOT Elate AFPECTSD.
Nothing in this ordinance contained shall be contract to require or permit an electric
light or power mire attachaents by the City or for tho City, nor to require or permit
any electric light or power wires to be placed in any duct used by the City in the
Telephone Company's conduits. If light or power attachments are desired by the City
or for the City, or if tho City desires to place electric light or power wires in an
duct used by the City, then a ilrrther separate non -contingent agreement shall be a pre-
requisite to such attachments or such use of any duct used by the City. Nothing herein
contained shall obligate or restrict the Telephone Conpcay in exercising its right
voluntarily to enter into pole attachment, pole usage, joint ormership, and other wire
space and facilities agreements with light end power companies and with other wire using
companies shich May be privileged to operate vdthin the City.
SECTION 11 - PERIOD OF TIIdl OF TBIS ORDINANCE - TRfia1S,.TIi.Y.
This agreement shall be in full force and effect for the period' begianirig math the
effective date hereof and adios 20 years cfter January 1, 1948„ Droyided that et
the end of the•espiration of the initial period, such tea -shall -be matAaatically
reneged forthwith Sor,succeasive periods of 20 years). Conditioned; however, that if
during the last fourMonths of the initial period or of ans.srcaessiue:2�0 year period,
not less thhn"iinoty days' prior written notice shall' be siden 'iitEter:td>.the Telephone
Compeny.by the -.City or to the City by the Telephone Cosps:y., setilastotth the:desire-
of the giver of such notice to terminate thisagreement, tSea.in such. ease this -agree-
ment shalt terminate at the expiration of the then currant period.
33CTIOY 12 - 2:O 22C'..USIVt P!O;VILtZZS Otdarka. :W BY TKic 0RDINANCS4.
Rohinc-herein coiteinpd shall be construed es giving to..the'Telephone Company any
exclusive privilege.
.SFA.'TION 1S--5100E6140 tS AND ASSIGNS. -
"The ruts, poWere,'ltoiitatdons,, duties and restrictions herein -provided for shall
3bure.to and bo binding upon the parties hereto and upon- their respective saccassors
•
gad assigns.
SE7CT/ON 14 - PARTIAL finALEDITY Atia n3Pfiz Pnorinf0NS.
`If say section; 'sontpnce,, Clesse or phrase of tilt ord_.:nce Ys for an- reason held
to be.i.11egel., ultra vires. or unconstitutional, Bach invalidity shall, bet effect the
valjdity'of the +, n+ng'ortions of this ordinance. All. ordinances: and'ag:emeats
and parts of ordinandcs. and agreements in conflict horesith art Rereby repealed.
-SECTION.15 - IaCGI+4TAfei'OP AGRSS.am. - -
The Telephone tii+rgaax�yV,shall'. have sixty (60) days froa•aaa after the pasttge and ap-
'Proval of thisrerdinsnce to file its written acceptance thereof wit.. t &City Secre-
tary, and upoa.stCcii-,eoceptsnco.beiny filed, this ordinance shed."tame effect and be
is force from gad. after thc•date of its passage and *creed' by the .iayor end shall
effectuate sM nasee binding the: agreeoont provided-. by the,.terds.,xere&. i. .
Passed and epprevod,:*�hia '.day of .. A. D. 19¢_
•
'Mar
CERTIFICAT2 OF ADOPTION
I, Evelyn I. Templeton, City Secretary of the City of
Kennedale, Texas, hereby certify that the above and foregoing is a
true and correct copy of City of Kennedale Ordinance No. 1, duly
adopted at a special meeting of the City Council of the City of Kennedale,
Texas, on the 18th day of November, 1947, as is reflected by the minutes
of said City. Council and said meeting,
TO CERTIFY WHICH witness ay hand and the official seal
of the City of Xennedale, Texas, this 24th day of March, 1977.
(CITY 8EAL)
Evelyn
Templeton,
Y p on, CitSecretary
of the City of Kennedale; Texas
z