1945 ORDINANCES - Laserfiche WebLink

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Formatted from the uploaded text AN ORDINANCE GRANTING A TELEPHONE FRANCHISE TO ____________ , ITS SUCCESSORS AND ASSIGNS, TO USE THE STREETS AND OTHER PUBLIC PLACES OF THE CITY OF CHARLOTTESVILLE, ALBEMARLE COUNTY, VIRGINIA, FOR ITS POLES, WIRES, CONDUITS, CABLES, AND FIXTURES, FOR A PERIOD OF FIVE (5) YEARS. BE IT ORDAINED by the City Council of the City of Charlottesville, Albemarle County, Virginia, that __________, its successors and assigns, for a period of five (5) years from the effective date hereof be, and is hereby authorized and empowered to erect, maintain and operate its telephone and/or telegraph lines and associated equipment, including posts, poles, cables, wires and all other necessary overhead and underground apparatus and associated equipment on, over, along, in and through the streets, alleys, highways and other public places of the City of Charlottesville, Albemarle County, Virginia, as its business may from time to time require, and to use the property of other companies and permit other companies to use its property upon such arrangements as the two companies may agree; provided: SECTION 1. That all poles erected by said Company shall be neat and symmetrical, and be so located as in no way to interfere with the safety or convenience of persons travelling on or over the said streets, alleys, highways and other public places. SECTION 2. That the erection of poles by virtue of this Ordinance shall be subject to the supervision of the City Manager or some other representative appointed by said Council, and said Company shall replace and properly relay any side- walks or street pavement which may have been displaced or damaged by it in the construction and maintenance of its system, and upon failure of the Company to do so, after twenty (20) days' notice in writing shall have been given by the City Manager of the City of Charlottesville, Albemarle County, Virginia, to said Company, the City may repair such portion of the sidewalk or street that may have been disturbed by said Company, and collect the cost so incurred from said Company. Upon reasonable notice from the City Manager that an improvement or proposed alteration of the City streets or other property used by the Company hereunder, will necessitate the moving or altering, temporarily or permanently, of any of the Company's equipment located pursuant to the terms hereof, such moving or altering shall be done by the Company at its expense. SECTION 3. That the said Company shall maintain its lines in good and safe order and condition; and shall at all times fully indemnify, protect and save harmless the said City from and against all claims arising from the erection, construction, or negligent maintenance of its said lines. SECTION 4. The City reserves the right by Ordinance or Resolution to establish any reasonable regulations for the convenience, safety and protection of its inhabitants under its police power. The rights herein granted are subject to the exercise of the police power as the same now is or may hereafter be conferred upon said City of Charlottesville, Albemarle County, Virginia. SECTION 5. That the said Company before proceeding to act under this Ordinance shall execute a bond in the penalty of One Thousand Dollars ($1,000.00) with security to be approved by the City Council, in favor of the City of Charlottesville, Albemarle County, Virginia, conditioned upon maintaining in good order the telephone plant in the franchise granted, and the furnishing of efficient telephone service. SECTION 6. In consideration of the rights and privileges herein granted said telephone company shall on demand, during the life of this franchise, provide crossarm or bracket space on each pole, or space in each conduit, on or in which the City of Charlottesville, Virginia, may desire to attach either fire, police or other signal wires, for the free use of the police and fire alarm systems of the City of Charlottesville, Virginia. SECTION 7. In further consideration of the rights and privileges herein granted said Telephone Company agrees to provide and maintain, free of charge to the City during the term of this franchise, twenty-five (25) free individual line telephones, or the equivalent thereof, said telephones to have unlimited exchange service and be located within the City Corporate Limits. The Company is to provide and maintain one (1) such telephone in addition to the twenty- five (25) for each five hundred (500) telephones it serves from the Charlottes- ville exchange over and above the number of telephones said exchange was serving as of March 1, 1945. SECTION 8. As an additional consideration of the rights and privileges herein granted, the Company agrees to pay to the City, annually, on May 1st of each year, an amount equal to 1.5% of the gross revenues that the Company derived from its intrastate business at the Charlottesville exchange during the preceding calendar year. It is understood that such payment is for and in lieu of any and all other fees, charges, licenses, taxes or assessments of whatever nature to be made by the City for the privileges herein granted or for the privilege of doing business within the City, except however, that the City may levy an annual license tax not to exceed one-half of one percent of the gross revenue derived by the Company from its intrastate business at the Charlottes- ville exchange, provided however, that this Section shall not be construed to exempt the Company from the payment of the statutory property tax based on the value thereof. SECTION 9. In the event this franchise is awarded to any other person, company or corporation other than the present owner of the telephone system in said City, such successful bidder shall, in addition to the bond required in Section Five (5) hereof, at the time such bid is accepted, execute and deliver to said City a bond in the penalty of Fifty Thousand Dollars ($50,000.00) with security to be approved by the City Council, in favor of the City of Charlottesville, Albemarle County, Virginia, conditioned upon having in operation a telephone system of sufficient size to provide for the telephone requirements of said City, with long-distance toll connections within ninety (90) days after the awarding of said franchise to said party.