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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