1978_Ordinances - Laserfiche WebLink

Home Browse Search

• alleys, highways and other public places of the City, (b) the acquisition, erection, installation, maintenance, repair, operation and use of any poles, wires, conduits, lines, manholes, facilities and equipment, or (c) the exer- cise of any right granted by or under this franchise or the"failure, refusal or neglect of the Company to perform any duty imposed upon or assumed by the Company by or under this franchise. In the event that any suit or proceeding shall be brought jointly against the City and the Company, at law or in equity, on account thereof, the Company will defend the City in any such suit or proceeding at the cost of the Company, provided the City gives such assistance and cooperation in the defense of any such suit or proceeding as in the opinion of counsel for the Company may be necessary or desirable to a proper defense. In the event of a final judgment or decree in any such suit or proceeding being obtained against the City either independently or jointly with the Company, then the Company will pay such judgment or comply with such decree and bear all costs and expenses of whatsoever nature and hold the City harmless therefrom. Nothing herein contained shall be con- strued to render the Company liable for (i) the negligence of the City or of its agents or employees, or for that of any other person, firm or corpo- ration, or (ii) injury or damage to persons, firms or corporations or property growing out of or directly or indirectly resulting from the installation, mounting, operation, repair, maintenance or use by the City of fire, police or other signal wires or other facilities on any pole or in any conduit of the Company. SECTION 4. The City reserves the right by ordinance or resolu- tion to establish any reasonable regulations for the convenience, safety and protection of its inhabitants under its police powers. The rights herein granted are subject to the exercise of such police powers as the same now are or may hereafter be conferred upon the City. Without limitation as to the generality of the foregoing, the City reserves the full scope of its power to require by ordinance substitution of underground service for over- head service, or the transfer of overhead service from the front to the rear of property whenever reasonable in all areas in the City and with such con- tributions or at such rates and charges as may be approved by the State Corporation Commission or its successor in function. The City further re- serves the full scope of its police power to require by ordinance the location, construction and maintenance of overhead service at the rear of property or underground service wherever reasonable in all new service installations in the City with such contributions or at such rates and charges as may be approved by the State Corporation Commission or its successor in function. SECTION 5. The Company shall render to the public in the City, and to the City itself, at all times during the term of this franchise efficient telephone service at reasonable rates, as shall from time to time be determined or prescribed by the State Corporation Commission or its successor in function. The Company will maintain its poles, wires, con- duits, lines, manholes, facilities and equipment within the City in good order and operating condition throughout the term of this franchise, and the Company by accepting this franchise agrees that the State Corporation Commission or its successor in function has jurisdiction to the full extent and in the manner now or hereafter provided by law, during the term of this •