1965-041 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHEREBY THE
CIT~ OF DENTON, TEXAS, AND THE GENERAL TELEPHONE COMPANY
OF THE SOUTRWEST AGREE THAT THE TELEPHONE COMPANY SHALL
INSTALL A~D MAINTAIN I~JBLIC TELEPHONES IN STRATEGIC
LOCATIONS ON CITY PROPERTY A~D RIGHTS-OP-WAY, PROVIDING
THAT THE TELEPHONE COMPANY SHALL PAY COMMISSIONS TO THE
CITY OF DENTON~ TEXAS, ON REVENUES DERIVED FROM PUBLIC
TELEPHONES, AND PROVIDING FOR INDEMNIFICATION
WHEREAS, the City of Denton, Texas, hereinafter called "City,"
fmnds that the installation of public telephones in strategic locations
on City property and rights-of-way would serve the public interest in
making public telephones more readily available for emergency use, in-
cluding calls to police, fire departments, and other public offices, and
WHEREAS, the General Telephone Company of the Southwest, herein-
after called "Telephone Company," is willing to install at its own cost
public telephones on City property and rights-of-way at such strategic
locatio~s as may be agreed upon by the City and the Telephone Company,
NOW THEREFORE. THE COUNCIL OF THE CITY OF DEA"~ON HEREBY ORDAINS
SECTION I The Telephone Company is hereby authorized to
install and operate coin public telephones on Cmty property and rights-
of-way at the locations set out in the attached Schedule "A" of this
ordinance, which schedule, and any and all revmsions thereof or supplements
thereto which may be executed hereafter, shall be subject to all of the
terms and conditions of this ordinance. The City Manager of the City of
Denton, Texas, shall have authority to execute, on behalf of the City,
revisions of, or supplements to, Schedule ~A" The Distrmct Manager of
General Telephone Company of the Southwest at Denton, Texas, shall have
authority to execute, on behalf of the Telephone Company, revmsions of,
or supplements to, Schedule "Ac"
SECTION II. Telephone Service shall be provided, and commissions
on coin collections shall be paid the Clty~ the Telephone Company mn
accordance with the rules, regulations, rates, and tariffs of the Telephone
Company for public telephone service as such rules, regulatmons, rates and
tariffs may lawfully provide from time to time. The amount of Commission
to be paid on a public telephone will be determined by applymng a flat six
percent (6%) to the total monthly collection. The total monthly collection
must equal or exceed Ten Dollars ($10.00) if a commission is to be paid
SECTION III The Telephone Company shall furnish, own, and
maintain all telephone equipment and facilities, including wmring, conduit,
instruments and booths, used in providing publmc telephone service, hereunder
Authority is hereby granted to any power company authorized to furnish public
service in Denton, Texas, to make the necessary power connections and instal-
lations over, in, and upon City property and rights-of-way as required to
supply power to and for public telephones
SECTION IV The City shall provmde suitable space for public
telephone facilities at agreed locations, shall permit the Telephone Company
to display signs on the public emergency telephone booths and on City
property or rights-of-way immediately adjacent thereto, to inform the publmc
of the availability and location of the public telephones, and shall allow
the Telephone Company access to public telephones at all reasonable times for
inspection, repair, replacement, removal, and maintenance of the facilities,
and for coin collections.
SECTION V. The City shall provide reasonable police pro-
tection of public telephones against theft, damage, and vandalism
The Telephone Company may discontinue telephone service at any publmc
telephone, or may remove the facilities without notice to the City, at
any time, for reasons of theft, damage, vandalism, insufficment usage,
or for other good and sufficient reasons The Telephone Company shall
not be liable for any failure or interruption of servmce on any public
telephone.
SECTION VI Neither the facilities furnished by the Telephone
Company hereunder, nor any revenues derived therefrom, shall be subject
to any municipal tax, license, or fee, other than ordinary ad valorem
taxes and the gross receipts taxes as provided by the franchise w~th
the City, nor shall the Telephone Company be required to pay any tax,
license, or fee in connection with the mnstallation, maintenance, or
removal of any public telephone Upon removal of any public telephone,
the Telephone Company agrees to restore the City property or right-of-way
upon which the telephone was installed to the conditmon which existed,
reasonable usage excepted, prior to installation.
SECTION VII. Facilities installed by the Telephone Company
under this ordinance shall at all times belong to the Telephone Company.
The City shall acquire no rights or interest mn any of such facilities
The City shall not be liable to any person for death, injury, or damage
arising in any way out of the installation, maintenance, operation, or
removal of any of the facilities of the Telephone Company under this
ordinance That durmng the period this ordinance is in existence and
enjoyed by the Telephone Company, the Telephone Company shall mndemnify
and hold harmless the City from any and all claims for losses, damages,
and injuries occasioned to or sustamned by any persons, firms or corporations,
or their property by reason of the existence, maintenance, operation, or
continuance of this ordinance and the exercise of all rights heremn con-
tracted for, except as herein otherwise provided
SECTION VIII This ordinance shall be effective mmmediately upon
mts passage and shall expire contemporaneously with the expiration of the
current franchise ordinance of the Telephone Company with the City, to wit
October 2, 1974
PASSED AND APPROVED this ~ day of ( ,
A D 1965
WARREN WHITSON, JR , Mayor
Cmty of Denton, Texas
ATTEST
t/ B'~0OKS HOLT, City Secretary
City of Denton, Texas
APPROVED AS TO LEGAL FORM
J JACK Q- BAR'fON, City Attorney
City of Denton, Texas