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Home My WebLink About0793 RES - 11/30/193733\ A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF CORPUS CHRISTI TO ENTER INTO AN AGREEMENT WITH THE SOUTHWESTERN BELL TELEPHONE COMPANY, A CORPORATION, FOR THE PURPOSE OF FURNISH- ING TO THE CITY OF CORPUS CHRISTI, AN INDEPENDENT TELEPHONE CIRCUIT WHICH "JILL CONNECT CERTAIN FIRE DEPARTMENT SUBSTATIONS WITH EACH OTHER AND WITH THE CENTRAL FIRE STATION IN THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. 7311 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1: That the Mayor of said City of Corpus Christi be, and he is hereby authorized and directed to execute an agreement with the Southwestern Bell Telephone Company, a corporation, for the purpose of furnishing to the City of Corpus Christi an independent telephone circuit which will connect certain fire department substations with each other and with the central fire station in the City of Corpus Christi, Texas, a copy of which agreement is as follows, to -wit: THIS AGREEMENT, made and entered into this day of , A. D., by and between the Southwestern Bell Telephone Company, a corporation organized under the laws of the State of Missouri, and lawfully doing business in the State of;Texas, hereinafter, for convenience, called the Telephone Company, and the City of Corpus Christi, a municipal Corpor- ation duly organized and existing under the laws of the State of Texas, hereinafter for con- venience called the City, WITNESSETH: RECITALS The City has requested the Telephone Company to furnish it an independent telephone circuit which will connect certain Fire Department substations with each other and with the Central Fire Station .in the. City of Corpus Christi, Nueces County, Texas; the Telephone Com- pany is willing to furnish the circuit under appropriate covenants and conditions. AGREEMENT 1. The Telephone Company agrees to connect Central Fire Station No.. 1 at No. 510 Chatzel Street with Station No. 2 at 1901 Leopard Street, and with Station No. 3 at 1401 Mor- gan Street by a telephone talking circuit by means of which Central Station No. 1 may communi- cate with either of the other stations and by which either of the other stations may communi- cate with it and with each other, the circuit. to be adequately equipped with electrical ring- ing devices and with transmitting and receiving sets. 2. The said circuit shall never be connected with the Telephone Company's Corpus Christi local telephone exchange nor with any other telephone line nor with any instrument except those located in the Fire Stations, and shall be used only for intercommunication among the stations. 3. The City shall pay to the Telephone Company the sum of twelve dollars per month based on the circuit mileage and fifty cents per month for each of the three telephone in- struments located in,the substations. 4. It is understood and agreed by and between the parties hereto that the Telephone Company cannot and does not guarantee uninterrupted service over the circuits, nor can it nor does it guarantee that the circuits will be in working condition when their use is attempted. Therefore, in view of the possibility_of errors and difficulties occurring in the transmission of messages and conversations by telephone, and the impossibility of guarding against them, the City assums all risks connected with the use of the circuit and assumes all risk of the failure of the circuits on any attempt to use the same. But if service is interrupted other than by the negligence or willful act of the City.or.its representatives, agents or employees, a reasonable allowance shall be made for the time.such interruption continues after notice in writing of the interruption. No other liability shall in any case attach to the Telephone Company in consideration of such interruptions, unless the interruption shall continue for twenty-four hours after notice in writing to the Telephone Company's Manager in Corpus Christi of such interruption and the Telephone Company.shall be able to and shall fail to restore the circuit to use within said period. 5. The provision of these circuits is at the special instance and request of the City, for the sole use and convenience of the Fire Department in communicating between the Central Office and the substations; the service is limited to that purpose, and this con- tract and agreement is not intended for the benefit of nor shall it inure to the benefit of any others than the parties hereto, their successors and assigns. 6. The operation of the telephone instruments and circuits shall be only by the City, its agents and representatives, and any person making use of either instruments or circuits for the purpose of communication is hereby made the agent; of the City. 7. The Telephone Company agrees to maintain the circuits and.to make necessary . repairs and replacements upon written notice from the City of need therefor. The City ob- ligates itself to.make daily tests of the lines and circuits and to give the Telephone Company prompt written notice of any defect therein needing attention or of any need for re- pairs or corrections in the circuits. 8. The City agrees that this contract shall be duly ratified and accepted by the City Council. 9. The City agrees to hold and save harmless the Telephone Company from and against any claim, demand or cause of action which may be asserted by anyone against the Telephone Company on account of any failure or omissions by the Telephone Company in the operation or maintenance of the circuits herein contracted for, or by reason or on account of any failure in the service of said circuits, or anything done or omitted to be done by the Telephone Company hereunder. 10. This contract and agreement shall be in full force and effect for one year, from the date hereof, and thereafter until terminated by either party giving to the other thirty days' prior written notice of its intention .to terminate the same; but either party hereto may at any time terminate this contract on thirty days' prior written notice of its desire to terminate the same. 11. The Rules and Regulations contained in the Telephone Company's General Ex! - change Tarriff are expressly made a part hereof. 12. The telephone wires, instruments,- equipment and property used in providing the circuits shall remain the property of the Telephone Company, and its agents and employees shall at all reasonable hours have access to the premises on which they are located for the purpose of repairs, maintenance, and removal. WITNESS the signatures of the parties hereto, affixed by their proper officers thereunto duly authorized, this the day of SOUTHWESTERN BELL TELEPHONE COMPANY BY: GENERAL MANAGER CITY OF CORPUS CHRISTI BY: ATTEST: City Secretary.: MAYOR SECTION 2: The public importance of this Resolution creates a public emergency and a public imperative necessity requiring the suspension of the Charter Rule providing that no Ordinance or Resolution shall be passed finally on the date it is introduced, and that such Ordinance or Resolution shall be read at three meetings of the City Council, and that the Mayor having declared that such public emergency and imperative necessity exists, and requests that said Charter Rule be suspended, and that this Resolution take effect and be in full force and effect from and after its passage, and IT IS ACCORDINGLY SO ORDAINED PASSED AND APPROVED this 30th day of November, A. D. 1937. Sgd. A. C. McCaughan ATTEST: Mayor, City of Corpus Christi, Texas T. R. Kring (Sgd.) City Secretary. APPROVED AS TO LEGAL FORM: R. Briscoe King (Sgd.) City Attorney. Corpus Christi, Texas November 30, 1937 TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing Resolution, a public emergency and an imperative public necessity exists for the suspension of ,the Charter Rule or requirement that no Ordinance or Resolution shall be passed finally on the date it is introduced, and that such Ordinance or Resoltition shall be read at three several meetings of the City Council, I, therefore, hereby requast-that you suspend said Charter Rule or re- quirement and pass this Resolution finally on the date it is introduced, or at the present meeting of the City Council. The Charter rule was suspended by the The above A. C. McCaughan Joe Mireur C. 0. Watson D. A. Segrest Thos. R. McGee Respectfully, Sgd. A. C. McCaughan, Maygr, City of Corpus thristi, Texas following vote: Aye Aye Aye Absent Aye Resolution was passed by the following A. C. McCaughan Joe Mireur C. 0. Watson D. A. Segrest Thos. R. McGee Aye Aye Aye Absent Aye vote;